As a landlord in Canada, you have certain rights if your tenant damages your property. These rights are outlined in the provincial or territorial legislation that governs residential tenancies.
What is considered damage?
Damage to rental property can include anything from holes in the walls to broken appliances to mold growth. It is important to note that tenants are not responsible for normal wear and tear on the property. However, they are responsible for any damage that is caused by their negligence or carelessness.
What are my rights as a landlord?
If your tenant damages your property, you have the following rights:
- To have the damage repaired: You can ask your tenant to repair the damage, or you can hire a contractor to do the repairs and then bill your tenant for the cost.
- To deduct the cost of repairs from your tenant’s security deposit: If your tenant does not repair the damage, you can deduct the cost of repairs from their security deposit.
- To sue your tenant for damages: If the cost of repairs is more than the amount of the security deposit, you can sue your tenant for the difference.
- What should I do if my tenant damages my property?
If you discover that your tenant has damaged your property, you should take the following steps:
Document the damage: Take photos and videos of the damage, and get estimates for the cost of repairs.
Provide your tenant with a written notice: The notice should state the damage that has occurred, and the deadline for the tenant to repair the damage.
If the tenant does not repair the damage, you can either repair the damage yourself and bill the tenant for the cost, or you can sue the tenant for damages.
Tips for preventing tenant damage
There are a few things that you can do to help prevent tenant damage:
- Screen your tenants carefully: Before you rent your property to a tenant, check their references and credit history.
- Conduct a move-in inspection: Before your tenant moves in, do a thorough inspection of the property and document any existing damage.
- Provide your tenant with a copy of the lease agreement: The lease agreement should clearly outline the tenant’s responsibilities, including their responsibility to keep the property in good condition.
- Make regular inspections of the property: Conduct regular inspections of the property to identify any potential damage early on.
If your tenant damages your property, you have certain rights as a landlord. You can ask your tenant to repair the damage, deduct the cost of repairs from their security deposit, or sue them for damages. To help prevent tenant damage, be sure to screen your tenants carefully, conduct a move-in inspection, provide your tenant with a copy of the lease agreement, and make regular inspections of the property.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
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