CONDO ARCHIVES

Tenant and Landlord Obligations

November 2021

Assumptions and beliefs about obligations of owners, tenants and owner-landlords can lead to unreasonable expectations and unnecessary friction.

Tenants pay a monthly fee and assume everything will be taken care of.  When a problem comes up they may contact the management office with an expectation of resolution at no additional cost to them.  Owner-landlords can also be under this same impression.  The reality is quite different.

Condominium corporations, and their management, operate with a different mandate than owner-landlords and tenants.

Condominium owners are governed by the Condo Act.  Tenants are governed by the Residential Tenancies Act.  Both must comply with governing documents of the corporation.  Landlord-owners must adhere to all of the above.

 

When purchasing a home documents are provided which explain responsibilities of the corporation and individuals.  Choosing not to read these documents does not absolve individuals of their responsibilities.

In a rental situation most repairs are handled by the owner-landlord at no additional expense to the tenant.  The owner-landlord is also responsible for paying monthly condo fees.  When an appliance, faucet or other system breaks down tenants may or may not be responsible for repairs depending on terms in the lease.  Condo corporations have no involvement in these situations unless common areas or other suites are affected in which case an owner-landlord can be held accountable.  Where a tenant fails to address something they are responsible for, the owner-landlord can be obligated to deal with a situation to the satisfaction of the condo corporation then seek to recover costs from their tenant.

When necessary suite repairs are not undertaken the condo board may get involved.  When safety is a concern the board may have authority to enter a suite and initiate repairs then charge these to the owner-landlord.

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