Disagreements can arise for various reasons, whether it’s issues with rent payments, tension regarding property maintenance or disputes over the lease’s terms.
Knowing how to handle such situations in an efficient and professional manner is essential to sustaining a good relationship and protecting your interests as a landlord.
A Clear Lease Can Make All the Difference!
A clear, comprehensive and well-written lease can go a long way to preventing many a misunderstanding. The contract’s terms must be expressly formulated, including the tenant’s responsibilities and obligations regarding rent payment, maintenance and compliance with the rental or condo building rules. Most landlords use a lease form; however, it is possible to add clauses relating to the rental’s particularities.
Did you know a real estate broker can help you prepare a lease that wholly meets all your requirements? They can likewise assist you throughout the entire process, such as by listing your rental on the various platforms, by overseeing visits, etc.
Key Points to Include in the Lease
Rent amount and payment deadline: Specify the exact amount of rent the tenant is to pay, the method of payment (bank transfer, cheque, etc.), and the monthly payment date.
Building rules: Set clear rules for the use of the common areas, noise, pets, painting, smoking, and any other chief topic.
Property maintenance: Determine who is responsible for carrying out which maintenance tasks to avoid any confusion. Especially if the rental is a house. For example:
- Who will prune the hedges every year?
- Who will close the pool in the fall?
- Will the landlord or tenant cover the cost of snow removal?
- Who will pay the power bills?
Know what is permitted by the law: Before asking your tenants to sign an unconventional list of building rules, check if they’re legal.
Signature of the building rules: Make sure the tenant signs a physical copy of the building rules to confirm that they have read them, especially if the unit in question is in a condo building where the syndicate of co-owners regularly issues fines for breaking bylaws.
Open and Timely Communication
Open and proactive communication is indispensable for defusing tense situations before things escalate. If a problem occurs, discuss it with your tenant as soon as possible. Listen to their concerns and try to see it from their point of view. Sometimes, the solution to a simple misunderstanding lies in an honest conversation.
Tips for Effective Communication:
- Be available: Tell your tenants how best to get in touch with you and provide the correct contact information. And respond to any questions or issues promptly.
- Document your interactions: Keep a written record of all important communications, whether it’s emails, letters or text messages. This may prove useful if the situation deteriorates.
- Remain professional: Even if tensions rise, maintain a respectful and professional tone at all times.
Mediation to the Rescue!
When talking face-to-face fails to resolve the conflict, mediation, or conciliation, may prove effective. Mediation, a service offered notably by the Tribunal administratif du logement (TAL), is a process through which a neutral third party helps both other parties reach an agreement. The benefits of mediation:
- Save money: Mediation can often avoid costly and lengthy legal proceedings.
- Find common ground: With a mediator’s assistance, tenant and landlord work to clear up misunderstandings and find mutually satisfactory solutions.
- Preserve the relationship: Overcoming disputes through mediation can contribute to fostering a respectful and cooperative relationship with your tenant.
Awareness of the Laws and Regulations
As a landlord, you must be familiar with the laws applicable to rental housing. The TAL is the specialized tribunal governing the tenant-landlord relationship. Understanding your rights and obligations will help you effectively handle disputes according to the law.
Other Rules to Keep in Mind
- Security deposit: It’s illegal to request a security deposit in Québec.
- Rent increase: The amount by which a landlord raises the rent must be reasonable and within the TAL’s recommended adjustment percentages. Tenants may contest an increase if they feel it’s excessive.
- Eviction: Eviction procedures are strictly regulated and must be carried out through the TAL. Evicting a tenant without following proper procedures is illegal.
Requesting a Hearing at the Tribunal administratif du logement
If efforts to come to an agreement are unsuccessful, you may have to refer the matter to the TAL. This tribunal handles disputes between tenants and landlords, from unpaid rent, to lease non-compliance, to inadequate housing conditions. Procedure details:
- Submitting an application: Make sure you provide all relevant documents, including the lease, a record of your interactions with the tenant, and any evidence of breach of contract.
- Attending the hearing: Once the application has been submitted, the TAL will set a date for the hearing. Both parties will get a chance to explain their version of events and the TAL will deliver a ruling.
- Executing the decision: All decisions rendered by the TAL are enforceable. If the tribunal finds in your favour, you may employ legal means to recover unpaid rent or evict the tenant, as necessary.
To be sure, resolving conflicts with your tenant requires an open mind, patience, communication and a sound knowledge of local laws.