Monday 24 February 2014

The Rules Around Inspecting Your Rental Property

By Tomas Makisak


As a landlord, you know how important it is to make regular visits to your rental property. Periodic visits to your property will help ensure that it stays in good condition, as tenant screening is not enough to guarantee this. There could be significant damage from a marijuana grow up as well, so this is another big reason to check out your property here and there.

Some landlords live nearby and know their tenants well, but if this is not the case, you have to arrange to visit the rental occasionally. Looking at the property from the outside is always allowed, but what limitations are there on going inside of the rental unit?

This issue is not always easy to resolve.

Laws are on the books that designate when you can visit your rental property. In BC, the law says that "A tenant is entitled to exclusive possession of a rental unit, including reasonable privacy, and quiet and peaceful enjoyment."

If you drop in without giving the proper notice, you are in violation of the law, and could face nasty consequences. Indicate on your rental agreement that you will be inspecting the unit periodically. The maximum amount you can inspect your property in BC is once a month.

In BC, landlords can enter a tenant's rental unit if:

If life or property needs to be protected because of an emergency. Basically, this refers to a situation that requires immediate action in order to prevent further damages.

A landlord must provide written notice to a tenant to enter the unit with at least 24 hours notice, and not more than 30 days before.

Permission is given by the tenant. Write down the circumstances that required you to enter the unit, and provide written notice even if you have a good relationship with your tenants. In a case where a landlord simply shows up and asks to enter the unit, the tenants can say later that the only let the landlord in because they felt intimidated.

If the tenancy agreement includes housekeeping or alike, and this requires the landlord to enter.

The rental appears to be vacated by the tenant. For example, the tenant has not paid rent, and there are no signs of occupancy.

An arbitrator has provided an order allowing entry.

Even when a landlord is entering the property for a "reasonable purpose", it may not be considered "reasonable" if the landlord enters too frequently. In BC, the Act states that a landlord can inspect rental units once a month.

If the landlord works around the schedule of the tenant to arrange for visitation times, the process goes much more smoothly.

Landlords who would like to have property visitations go smoothly should:

Provide proper notice to the tenants before an inspection.

Make sure you have a valid reason for visiting, such as, repairs or regular inspections.

Log the visitations in a notebook with the reason for visiting, and the date and time.

Discuss visits and inspections with your tenants right from the start. Be sure that they understand from day one that periodically, you will be inspecting the rental unit.

If they're expecting the visits, rather than being surprised, it's much less likely that they'll complain. And regular inspections will let you rest easy, knowing that your home is being used as a home, and not a criminal venture.




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