November 2017
As landlord of a condo suite, you should assume your tenant will live like a slob and rarely, if ever, clean up the place. They may even be a hoarder.
Operating under these assumptions, and preparing for them, will be helpful when the tenant moves out and the suite needs to be re-rented.
When selling the suite or seeking a new tenant, one of the most important things you want to do is provide photos of the property.
That can be a problem when a property does not show well or there are no photos. Unless stipulated in a lease, the owner of a property will not be able to take photos without a tenant’s expressed consent.
Ontario court has ruled that residential landlords are not allowed to photograph a property while occupied by a tenant unless specifically permitted by the lease or express consent of the tenant is obtained.
The Residential Tenancies Act allows a landlord to enter a rental unit for reasons that include an emergency, to show a suite to prospective tenants (with proper notice), to carry out repairs or other necessary work. Taking photographs of the suite is not one of the reasons.
Landlord condo owners can prepare for this contingency in advance by including a clause in the lease requiring the tenant to allow suite access for showing to prospective tenants and also to take photographs.
It is also advisable to retain photographs of the suite prior to a tenant move-in.
