Presentation on theme: "Andrew W. Truty Paralegal Services Presents:"— Presentation transcript:
1 Andrew W. Truty Paralegal Services Presents: Tenancy Agreements, Screening, Maintenance Checklist, Oral Agreements
2 Andrew W. Truty Paralegal Services Call us at or 647 – 688 – 1795We review rental agreementsWe write rental agreementsWe ensure you have all the initial paper work in place to save you time and money if issues arise
3 Tenant Initial Screening Landlords should have initial tenant screening form before signing the lease.This form should include items such as employment informationPast landlords contact informationCredit checkWhy they left their last unit etc.Do not rely on the word of the tenant, take the extra time to verify tenant information
4 What to include in a Tenancy Agreement What is the unit being used for?How much is the rent and when is it due?The start and end date of the tenancyRights and responsibilities of both parties: including(see next)
5 Tenancy Agreement Continued RightsThe right to collect rentThe right to evict for the nonpayment of the rent.The right to keep the rental unit free from damage, illegal activity and overcrowdingThe right to evict if the above items become an issueThe right to lawful increase the charged rent within the confines of the law.THE RIGHT TO SEEK HELP BY THE LANDLORD AND TENANT BOARD TO ENFORCE RIGHTS.
6 Tenancy Agreement Continued ResponsibilitiesNot to harrass, coerce, or threaten a tenant.Not to enter the rental unit without providing notice when required.To keep units and the rental property fit for habitation, sanitary and within health standardsTo respond to reasonable maintenance requests and concerns.To not interfere with a tenant’s reasonable enjoyment of the unit.Not to restrict pets.Not to increase the rent outside of the bounds of the law
7 Tenancy Agreement Continued Other considerationsWho is the responsible for utilities and added servicesThe obligation to not restrict a tenants right to sublet when a reasonable request is made.In the event of legal proceedings, who is liable for legal costs.Charges for key replacements, NSF fees, and other out of pocket expenses specified and agreed uponFAILURE TO PROVIDE A LEASE IN WRITING WHEN REQUESTED CAN SUSPEND YOUR RIGHT TO COLLECT RENT.Some clauses that a landlord may want to include are inconsistent with the legislation and therefore void.
8 Maintenance checklist Walk the unit with your tenant before signing the tenancy agreementLook for any maintenance issuesHave a checklist for the tenant that they have inspected the unit and agree by signing that there are no issues or list the issues and give a timeline as to when repair will occurTAKE PICTURES
9 Oral Agreements An agreement can exist What was the intention of both parties, this must be clear.Problems arise later on and it becomes hard to prove what both people saidWritten agreements override oral agreementsThere are ways of enforcing oral agreements without significant proof. Promissory EstoppelTO ALWAYS BE SAFE HAVE YOUR AGREEMENT IN WRITING.