Thursday, February 6, 2014

0 The Rules Around Inspecting Your Rental Property

By Tomas Makisak


Landlords generally understand the significance of inspecting rental property periodically. Even if you've screened your tenants thoroughly, regular visits help to ensure the unit is being properly maintained. 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.

For landlords that are not living on the property, it's important to arrange with your tenants for visitations. Looking at the property from the outside is always allowed, but what limitations are there on going inside of the rental unit?

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

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."

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. It is a good idea to note in the rental agreement that you will be making regular inspections. The maximum amount you can inspect your property in BC is once a month.

Tenant's units in BC can be entered by the landlord if:

There is an emergency and entry is needed to protect life or property. 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.

Written notice is given to the tenant not less than 24 hours, and not more than 30 days before.

The tenant gives permission to enter to the landlord. It is still always best to provide written notice, and to record the circumstances of the entry. 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.

It appears the unit has been abandoned by the tenant. Examples of this are when the rental appears to be abandoned, or if the rent has not been paid by the tenant.

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

If a landlord enters a property too frequently, even if it's for what is considered a "reasonable purpose", the tenants may not consider it to be reasonable. 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 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.

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

Talk to your tenants about how often you will be inspecting the property prior to them taking possession of the property. They should be aware that inspections will be done on a regular basis.

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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