Why Some Shortcuts Are Not Worth It!

Landlords, like everyone else, are on the look out for the most efficient way to deal with their affairs. And in a perfect world, all of our shortcuts would lead directly to our destination. However we don’t live in a perfect work, so sometimes it is necessary to do extra work to avoid what could turn into a disaster.
 
When renting out a building - usually a house or multiplex - that has more than one unit where utilities are not included, it would seem efficient to have one of the tenants put the utilities in their own name, and have them collect the other share from the other tenants in the building. This would mean you would only have to deal with collecting the rent and no other money each month. This sounds great, but it opens you up for many other issues.
 
One potential disaster is that the utilities do not get paid by the tenant who is responsible for them, though the other tenants have been paying their share to the tenant who should be paying the bill. The end result is the utilities being cut off - and the tenants who paid their bills on time coming after you.
 
Or the opposite; the tenant who is responsible for utilities pays the full bill, but the other tenants decide that they’d rather not pay. Again, the tenant who paid the full utilities - or could only pay part of them seeing as they don’t have enough money - will be looking to you to fix the issue.
The warning to heed? Unless the utilities are billed for one specific unit only, do not require any of your tenants to have the utility bills in their name.

Mixing Words

The Residential Tenancy Act is full of terms that have definitions specific to our industry. Because the RTA has its own vocabulary, it can be difficult to follow the right processes if you are not aware of the correct definition. Below is a list of six of the most commonly used and misused terms.

Assignment: A tenant with a fixed term tenancy agreement leaves permanently before the end of the term and transfers the remainder of the tenancy agreement to another person, who then becomes the tenant.

Sublet: A tenant with a fixed term tenancy agreement leaves for a period of time, returning before the end of the term and someone else lives in the rental unit while s/he is away.

Fixed Term Tenancy Agreement: A tenancy agreement that both parties agree is for a defined period of time (often twelve months). It may terminate at the end of the term or may be renewable.

Lease: A fixed term tenancy agreement. The word “lease” doesn’t appear anywhere in the Residential Tenancy Act!    Its legal meaning is a commercial tenancy agreement, however our industry commonly refers to a fixed term residential tenancy agreement as a lease.

Occupant: A person living in a rental unit who has not signed the tenancy agreement as a tenant. An occupant includes a person to whom the unit has been subletted (a “subletee”).

Tenant: A person who has signed a tenancy agreement as a tenant; tenants are legally responsible for the tenancy. 

-- Al Kemp and Hunter Boucher

Interest Rates on Deposits

As we covered in our series on deposits there is interest on both pet damage deposits and security deposits and it is very easy to figure out how much the interest is using the Residential Tenancy Branch interest calculator on their site. The real question here is how do they figure out the percentage each year?

We have to search in the Residential Tenancy Regulations for this answer. Regulation 4 in part 1 states that the interest paid on deposits is 4.5% below the prime lending rate of the principal banker to the Province on the first day of each calendar year, compounded annually. What does this mean for you? Unless the prime rate exceeds 4.5%, there will continue to be no interest payable on security deposits for tenancies that began after January 1, 2009.


-- Hunter Boucher and Al Kemp

Where do I send the deposit?

Your outgoing renters left three days early; you weren’t able to schedule a move-out inspection. The law says you have to return their security deposit, get the renters’ agreement in writing to keep some or all of it, or file for dispute resolution to claim against the deposit, but you don’t know where they are so you can’t do any of these.

You don’t have to do anything! It’s up to the renters to provide you with their forwarding address in writing. Once you receive it, then you have 15 days to take one of the above three steps. If you don’t receive their forwarding address within one year, the deposit is forfeited to you.

-- LandlordMentor