Wednesday, February 26, 2014

Rental Property Visits And Legal Aspects

By Tomas Makisak


Most landlords already know how essential it is to visit rental property every so often. Even if you've screened your tenants thoroughly, regular visits help to ensure the unit is being properly maintained. Don't forget about the major damage that could be caused to your home from a marijuana grow operation.

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. You can do a drive-by whenever you want, but how often can you actually go inside and inspect the premises?

It's not something that is always easy to manage.

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

Proper notice must be given by a landlord before showing up at the residence, and if a landlord breaks these rules, there may be serious negative results. Indicate on your rental agreement that you will be inspecting the unit periodically. The law in BC states that a landlord can inspect the property every month.

Landlords in BC are able to enter their tenant's unit when:

If life or property needs to be protected because of an emergency. If further harm to the property is imminent and it's an urgent situation that can't wait, this is a case where you can enter.

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. If it's not an emergency, you should provide written notice to the tenant and to record the circumstances that required you to enter the unit. If a landlord just drops by, tenants may later say that they give permission only because they felt intimidated by the landlord.

If the landlord has agreed to provide housekeeping or other services in the tenancy agreement and entry is required to perform the service.

It appears the unit has been abandoned by the tenant. This would be situations like no appearance of occupancy on the unit, or if the rent has not been paid.

An order has been provided by an arbitrator allowing entry to the unit.

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.

It's best if the landlord and tenant can agree on reasonable times for entry.

When looking to minimize any issues when doing inspections, landlords should:

Provide at least the legally required notice to tenants before property inspection.

The inspections should have a reasonable purpose like for periodic inspections or for repairs or upgrades.

Every inspection should be logged, including the time and reason.

Go over the inspection expectations with the tenants right away, before they even move in. Be sure that they understand from day one that periodically, you will be inspecting the rental unit.

Your tenants will understand better when you submit your written request for an inspection at a later date. When you have done proper inspections on your home, you will be able to avoid some serious problems in the future, including illegal activities.




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