| Dealing with Rental Problems
- Information for Landlords
While finding good tenants is significant for landlords
in Ottawa, avoiding trouble is also a major concern. It is
the landlord's responsibility to ensure avoidable problems
do not occur after the unit is rented. The landlord has to
ensure the rental complies with the rules and regulations
for health, safety, housing and maintenance, municipal property
standards and zoning bylaws, fire safety regulations and building
codes. If the unit fails to meet these standards, the landlord
must make necessary repairs at any point during the tenancy.
Non-payment of rent, disruptive behavior and violations of
the lease agreement are tenant problems that come up from
time to time. When the problems cannot be resolved the landlord
may need to consider legal options. For information on how
to deal with problem tenants, see Handling Problem Tenants
below.
An emergency repair is required when something in the rental
unit has broken and the health or safety of the tenant is
in danger or the building or property is at risk until repairs
can be made. By law, as the landlord you should handle and
pay for emergency repairs.
At the beginning of the tenancy it is a good idea to inform
the tenant that it is their responsibility to purchase contents
insurance. This insurance will cover damage to the tenant's
belongings resulting from a problem in the residence.
In some situations, if you are not available and repairs
must be performed immediately to reduce personal risk or property
damage, the tenant can authorize the repair work. Repairs
can also be authorized by an order from the rental authority
in your province or territory.
Emergency contact
Some provinces require that emergency contact information
is posted in a visible place in the building. The emergency
contact can be the landlord and/or another person.
If a tenant has authorized an emergency repair, you should
ask the tenant for copies of all paperwork related to the
incident. The tenant may ask the repair worker to bill you
directly for the repair, or you may prefer to reimburse the
tenant. In this situation, tenants should keep track of expenses,
notify you upon completion of the repairs and ask for reimbursement.
If you are contacted before the repairs are completed, you
may choose to take over the repairs and pay for work done
up to that point. Alternatively, you may decide to let the
repairs continue, choosing to reimburse the tenant for the
full cost once repairs are completed.
If the tenant authorizes repairs that are not a true emergency,
you can potentially refuse to repay his/her expenses. This
chart can be used to gauge whether or not a repair is an emergency.
Emergency Repairs
- Broken pipe(s) are flooding the premises.
- The heating system is not functioning when it is cold
outside.
- The sewage system is backing up into the premises.
- A defective lock lets anyone enter the premises without
a key.
- A short circuit in the wiring is creating a risk of fire
and/or electrocution.
- The refrigerator supplied by the landlord is not working.
Non-Emergency Repairs
- An interior door doesn't close properly.
- A stove element is burnt out.
- The kitchen sink has a slow drain.
- There is a minor leak in the roof.
- There is a minor leak or dripping in household plumbing.
- A garage door opener is not working, but manual access
is still available.
- There is a cracked pane in an upper window.
- While not an emergency, the landlord should be notified
during office hours as soon as possible.
Regular Repairs
Attention to emergency situations, general maintenance including
wear and tear and appliance repairs are all the landlord's
responsibility. However, a regular or minor repair is an inconvenience,
not an emergency. Tenants should not become involved in fixing
minor repairs unless they have either agreed to take over
these duties or they (or their guests) have damaged the premises.
If the responsible party fails to make necessary repairs
to the property, the party that is not responsible for the
repairs may notify the provincial or territorial authorities,
sometimes referred to as the residential tenancy office. An
application to the rental authority can lead to a court order
for the responsible party to make necessary repairs.
If you refuse to make reasonable repairs such as fixing broken
door locks or windows, the tenant may bring in a local authority.
Should this situation arise, the tenant may request an inspection
from a city or municipal building department. If an inspector
finds that repairs are necessary, a work order will be issued
to you, the landlord, listing repairs to be completed by a
specified date.
Fixing Required
If a tenant pays rent for something, such as a fridge, and
it breaks, the landlord must fix it. This includes all appliances
provided with the rented premises; if the unit came with a
fridge and stove, the landlord must fix them when they break
or require maintenance. The landlord is also responsible for
maintaining and repairing common areas. These include halls,
lobbies, stairways, elevators, security systems, swimming
pools, laundry facilities, and garbage rooms.
Handling Problem Tenants
Excessive noise, especially late at night, unreasonably
dirty premises and having too many people in one living space
are just a few of the problems that can occur during a tenancy.
When the problem relates directly to non-payment of rent,
the landlord has the option of following the eviction process.
When problems shift into other areas, the process becomes
more challenging.
Resolution with Little Intervention or Legal Action
When asking a tenant to clean up and make repairs to an exceptionally
dirty or damaged rental space, a simple verbal or written
request (or politely worded warning) might get results. For
actions that violate local by-laws, landlords often call the
police. In these situations, a police warning or fine may
convince offending tenants or neighbours to stop breaking
noise, parking or garbage by-laws.
If initial attempts to resolve a conflict fail, you may need
to formalize your complaint through the local rent authority.
When the communication between the landlord and tenant breaks
down completely, proof and witnesses are needed to demonstrate
blame and establish compensation, if in order. For example,
offended neighbours or other tenants might help the landlord
support claims against noisy tenants.
What to Do when Tenants Don't Pay their Rent
When tenants fail to pay the rent, it is important to act
quickly. When this happens you can give them a notice to move.
In most provinces, you can give this notice as soon as the
rent is late, in others, after a 3-day grace period.
A notice for non-payment of rent must include:
- the amount of rent that the tenant owes
- the date tenant is to move out
- a statement that says the tenant can disagree with the
landlord's notice
- If a tenant doesn't move or pay the rent, you can request
help from the provincial or territorial rental authority
to order the tenant to move. For more information, call
the local office responsible for landlord and tenant issues.
(See the Provincial and Territorial Fact Sheets).
Procedures and paperwork are extremely important in cases
of rent non-payment. If the landlord has a valid reason to
terminate a tenancy but makes a minor mistake in the paperwork,
the Tribunal in the province or territory may not uphold the
action.
In some provinces the tenant may apply to their provincial
authority for a rent reduction in a few situations. A tenant
can submit an application if you don't make repairs or improvements
or fail to provide services as a condition of a rent increase.
A tenant may also apply for a rent reduction if municipal
taxes have been lowered or if a building service or facility
is reduced or removed and the landlord does not reduce the
rent.
Ottawa Apartment Rental Guide

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