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Landlording in Canada
1 introduction
2 decisions about the property
3 decisions about the tenants
4 signing the lease and moving in
5 renting out special properties
6 landload/tenant relations
7 maintenance and repairs
8 keeping records
1 introduction 1
2 decisions about the property 8
3 decisions about the tenants 19
- Contact universiy community, commercial and non-profit rental agancies for free listing
- The application form must have at least name/address/phone, income, bank account detail, employer, present/previouse landload with consent as sample 5
- Check tenant screening service with oppertunity to applicants for reasons of eviction process publicity
4 signing the lease and moving in 32
- The differences: to sublet for retuning wherease to assign for ending the right & responsibilities of tenancy
5 renting out special properties 56
- Single family zone may need a permit to rent a room or two
- B&B needs a permit : alone, the registry tends to charge $50 per year and 15-20% of lodging fee, directory for listing fee
6 landload/tenant relations 73
a maintaining a good relationship
b dealing with problems
1) when landlords don't repair
2) when tenants don't repair
3) non-payment of rent 81
- Ontario landlord can 20 days' notice and the tenant cancel with paying within 14 days after the notice
- In NB, the landlord must inform rentalsman who investigates and may require vacate the premises and the tenant can cancel with 7 days payment upon request
4) early move-out, abandoned goods, and other problems
5) security deposits 84
- In ON, the deposits are for last month's rent
- Whereas in NB, that can be damage or rent. The landlord must claim within 7 days
c ending the tenancy
1) length of notice required 85
- Ontario and the other provinces permit landloads to terminate a tenancy only under certain prescribed conditions
2) form and content of the notice 86
- Except MB, all provinces require written notice with signature, date in effect, and a description of premises
- Ontirio landlord must advise tenants that they may dispute the notice and they need not vacate during the dispute. However the landload may apply to a court for an order permitting eviction
3) procedures for giving notices 87
- In Ontaio, the notices can be deliverd personally, registered mailed, served on any adult, or posted wherease in NB, those should be deliverd personally, mailed, served on any adult, posted, placed under door, or in mail box.
4) after "notice to terminate" is served
5) evictions 87
- Landloads can force the tenant out with an officail order by rentalsman or court if they have good reasons and proper notice
- In ON, the notice for yearly tenancy should be 60 days and if it is less than should be repeated: The landloads can terminate only the end of term for converting, demolishing, renovating, family using after municipal approval for more than 4 units with 3 month rent and moving costs wherease the tenants 10 days except family use:
- In NB, the notice for yearly tenancy should be 3 months
7 maintenance and repairs 94
- Safety standards specify heat, light, plumbing and structually sound
- life years: 3-4 for Painting, 5-7 External painting, 10 Dishwasher/Refrigerator/Aircon, 11 Washer/Heater, 12 Dryer, 14 Range, 15 Freezer, 15-20 Roof/Gutters/Downspouts
- Hire with recommendations or refferences, check BBB, get 3 estimations, sign with detail jobs, date and materials, pay with holdback when applicable
8 keeping records 101
- Keep records for propety, tenants, income, expense, capital cost allowances upto your net income
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NEW BRUNSWICK REGULATION 82-218 under the The Residential Tenancies Act
Under section 29 of The Residential Tenancies Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - The Residential Tenancies Act.
2In this Regulation
“Act” means the The Residential Tenancies Act.(Loi)
3Repealed: 83-109
83-109
4(1)A tenant who is served with a notice under subsection 5(1) of the Act that contains a complaint relating to the conduct of the tenant or other persons on the premises with the tenant’s consent shall comply immediately with the tenant’s obligations.
4(2)A tenant who is served with a notice under subsection 5(1) of the Act that contains a complaint other than one referred to in subsection (1) shall comply with the tenant’s obligations within seven days after receipt of the notice.
88-241
4.1A notice to quit under subsection 5(4) or 6(8) of the Act shall be in Form 4.
2010-47
5Repealed: 83-109
83-109
6The time for compliance by a landlord under subsection 6(2) of the Act is seven days.
83-109
7A landlord may apply to a residential tenancies officer under subsection 6(8) of the Act by serving on the residential tenancies officer an application in Form 3.
2017-41
8Repealed: 2010-47
2010-47
9An application by a tenant under subsection 8(9) of the Act shall be in Form 5.
9.1(1)Subject to subsections (2) and (2.1), the rate of the residential tenancy administration fee is 0.05%.
9.1(2)For the year 2010, the rate to be used in subsection (1) shall be the rate determined under subsection 5.01(2) of the Real Property Tax Act.
9.1(2.1)For the year 2011 and every subsequent year, the rate to be used in subsection (1) is 0.0486%.
9.1(3)Repealed: 2010, c.35, s.7
92-170; 2009, c.15, s.8; 2010, c.35, s.7
10The Standard Form of Lease referred to in subsection 9(1) of the Act shall be in Form 6.
93-146; 2010-47
11A notice under subsection 13(4) of the Act of a request for consent to assign any right or rights under a lease shall be in Form 7.
11.1For the purposes of section 11.1 of the Act, the landlord shall not increase the rent unless he gives to the tenant,
(a) where the tenancy is for a fixed term, at least three months notice;
(b) where the tenancy runs from year to year, at least three months notice; and
(c) where the tenancy runs from month to month or week to week, at least two months notice.
83-109
12A notice of transfer by a landlord under subsection 13(8) of the Act shall be in Form 8.
13A residential tenancies officer, in determining the period of time for storage of chattels under subsection 15(4) of the Act, shall consider all the relevant circumstances.
2017-41
14(1)For the purposes of subsection 15(5) of the Act, a sale of chattels by either public auction or private sale shall be in a commercially reasonable manner.
14(2)Where a sale by a residential tenancies officer is by public auction, the residential tenancies officer shall
(a) serve on the landlord and the tenant at least ten days before the sale date a notice of the sale, and
(b) publish a description of the chattels in a newspaper having general circulation in the place where the premises are located.
14(3)Where a sale by a residential tenancies officer is by private sale, the residential tenancies officer shall serve on the landlord and the tenant at least ten days before the sale date a notice of the sale.
2017-41
14.1If the rent was given in the form of a cheque or other negotiable instrument that was subsequently dishonoured and a late payment fee may be charged by the landlord under section 19.1 of the Act, the amount of the late payment fee is the amount of the NSF (not sufficient funds) charges
(a) that were charged by a financial institution to the landlord as a result of the dishonouring of the instrument, and
(b) that are proved by the landlord by a receipt or statement from the financial institution.
2010-47
15Repealed: 2010-47
2010-47
16An eviction order under subsection 21(1) of the Act shall be in Form 9.
17An eviction order under subsection 21(3) of the Act shall be in Form 9.
17.1For the purposes of subsection 6(6.1), paragraph 8.02(b) and subsection 15(4.1) of the Act, the rate of interest is 1.125 per cent per month compounded monthly or 14.36 per cent per year.
83-109; 88-241; 2010-47
18This Regulation comes into force on July 15, 1983.
FORM 1
Repealed: 83-109
83-109
83-109
FORM 2
Repealed: 83-109
83-109
83-109
Form 3
Form 4
Form 5
Form 6
FORM 6.1
Repealed: 2010-47
2010-47
2010-47
Form 7
Form 8
Form 9
N.B. This Regulation is consolidated to October 20, 2017.