How to Deal with Problem Tenants
Having access to a Provider Lawyer with a Legal Plan and Home Business Supplement from LegalShield to support you, or even deal with the tenant directly, can reduce stress and increase the success of your rental business.
Your rights and obligations as a landlord
The first step to resolving issues with problem tenants is to understand your rights, responsibilities and options. The second step may be to contact a lawyer to get legal advice and the support you need to handle the situation quickly and effectively.
On this page
- Late rent and partial-payers
- Illegal or disruptive behaviour
- Property damage and excessive repair requests
- Unapproved guests (people and pets)
Dealing with illegal or disruptive behavior
Tenants that break laws or are otherwise a nuisance to neighbours can not only create business headaches for landlords but can cause significant legal liability, too.
Did you know neighbours can sue landlords and that local, provincial and federal authorities can levy big fines if a landlord does not properly address a tenant that is dealing drugs out of their rental unit or breaking other laws? Also, landlords can be personally responsible if a property manager they’ve hired handles the situation improperly.
While calling the police may be the right first move, calling a lawyer to help you understand your rights and responsibilities can be just as important. A lawyer can help you take steps to address your potential liability, and should it be necessary, remove the tenant permanently.
Don’t stress and guess. Join LegalShield with a legal plan and Home Business Supplement for a small monthly fee, you can contact a Provider lawyer any time you need legal advice. Legal plans include consultation on an unlimited number of legal matters at no additional charge.
Dealing with property damage and excessive repair requests
- Are you unsure if you are responsible for a specific repair or what to do about a tenant that calls to complain about something every week? Landlords are legally required to provide a safe and habitable rental unit. A landlord is not, however, required to respond to excessive and unreasonable repair requests.
- If you find damage to your rental unit after a tenant has moved out, you may have a right to withhold part or all of the security deposit you collected. Do you know which types of damages qualify? The terms of the lease and laws of the province can dictate how a request for return of the deposit must be made, the obligations of a landlord if they are not going to return all or part of the deposit, the deadlines of the parties, and what deductions can be made to cover repairs or monies owed. Also, each province has different laws that dictate how you have to communicate your intention to use security deposit funds to repair the damage.
- When you become aware that a tenant may be damaging your property, you may need to investigate the situation before you can determine the appropriate response. Did the tenant actually damage something or was it just loud noise coming from the property? Do they plan to fix the damage or do you need to pursue eviction? You may not be able to answer these questions without speaking to the tenant or entering the property and documenting the situation through pictures and video. Before you enter the property, it may be worthwhile to speak with a lawyer to make sure you don’t violate a tenant’s rights.
Dealing with unapproved guests (people and pets)
What is the best way to handle a tenant that is allowing a friend to live in the property for an extended period of time? What should you do if a tenant formally subleases your rental unit in violation of your lease? Do you have to handle a pet problem differently if your lease expressly prohibits pets versus working under a lease that does not mention pets?
Whether you need to terminate the lease with your original tenant, call the cops or start a formal eviction process depends on the specific circumstances. While the laws are different in every province, guests may be considered permanent tenants if they have been staying in the property for more than a few weeks with no intention of leaving. Having keys to access the unit may be another factor courts consider.
The lease should address these issues. Also, be prepared to take the proper steps to handle the situation. Document the facts and then contact a lawyer if needed to help you determine the legal status of the guest. From there, a Provider lawyer can recommend the appropriate course of action to minimize financial damage and resolve the situation as quickly as possible.
Get a lawyer to review your lease before your tenant signs
LegalShield offers the most affordable way to have a lawyer on your side. As a landlord adding the Home Business Supplement to your Legal Plan gives you the ability to work with a lawyer on this important part of the rental process.
Answers to frequently
asked questions
What is a pre-paid legal plan and how does it work?
Instead of paying a lawyer by the hour, you pay a small monthly fee (starting at $32.95) and get a huge variety of legal services without a huge legal bill. Services like consultation with a lawyer, document review, preparation of a Will and defense at civil trials are included as standard benefits. Just using the plan once can save you literally thousands of dollars.
Using the plan is as simple as signing up and contacting our team. They will connect you with a lawyer in your location that specializes in the specific legal issue you need help with. Also, you can download our super simple app to quickly access your legal benefits and perks anytime.
How long after I join can I use the plan?
You can use your plan as soon as your membership application is reviewed and your account is set up. The review process takes 12 – 24 hours (or less) from the moment you purchase your plan (on regular business days). Once accepted, you can be in contact with a lawyer and begin to use the plan benefits and member perks outlined in the membership agreement right away.
How much can I save with a membership?
The average lawyer charges between $150 – $400 per hour. If you use your membership for even just a few hours a year you could easily save over $1,000. If you have a bunch of small legal issues or one rather complicated issue, you can easily save multiple thousands of dollars over hiring a lawyer directly. Not to mention the stress you’ll save by having a lawyer on call instead of trying to handle legal issues yourself. Also, our lawyers often help our members recover thousands of dollars of damages or avoid thousands of dollars in fees over what they would have experienced had they tried to resolve the legal issue themselves. Obviously, every member and usage situation is different, but when used correctly, your membership can easily save significant amounts of money. Not to mention savings from our member perks.
Who is covered under the Personal Plan?
Our Personal Plan is really a family plan. You, your spouse or partner and your dependants living at home are covered under one membership.
There is more information about this on the Personal Plan Coverage & Pricing Page.