Rowdy tenant cost landlord big bucks

BY JAY BRIJPAUL

The Condominium Authority Tribunal (CAT) ordered a landlord to pay $8,551.50 to cover the legal cost of an annoying tenant. The landlord and the tenant jointly and severally must pay an additional $18,239.60 to the management corporation. CAT is Ontario’s first online tribunal to assist people in mending certain condominium-related disputes.

A tenant moved into the building in July 2021. The condominium management claimed that the tenant began to cause problems for other residences and the condominium’s employees. For example, the tenant would leave food containers in the hallway for many days, causing a foul smell and tripping hazards. In addition, the tenant was very disruptive to other condominium owners.

CAT Vice-Chair, Michael Clifton, said there was a “consistent pattern of abuse and aggression” against building staff and a refusal to follow COVID-19 regulations. The condominium lawyer informed the landlord and tenant about the tenant’s offensive behaviors in November 2021. Out of spitefulness, the tenant’s repugnant behaviors towards the residence and employees escalated.

The tenant said that he argued with one of the condominium staff members and that the staff member had a “personal vendetta” against him. As a result, the condo board decided to use the tribunal to pressure the tenant to leave the building. The tenant could not prove his case, and the condominium corporation objected to his claim.

The condominium corporation said that the landlord did not confront the tenant about the matter. As a result, the condominium board perused the problem with the Condominium Authority Tribunal. Clifton noted, “The unrefuted testimony of the parties is that [the condo owner] failed to take any reasonable steps to address the issue of his tenant’s long-standing non-compliance.” Consequently, CAT gave the condo board a substantial portion of the cost.

The tenant mentioned that he planned to move out of the building but did not give a timeline. The Vice-Chair ordered the tenant to stop his hostile behavior inside the unit and anywhere else in the condominium. The landlord must ensure that the tenant complies with the condo bylaws.

When screening potential tenants, most landlords are concerned with the amount of rent they can get, the tenant employment and credit history. It is essential to know your tenant as well. One way is to call their workplace, current landlord, and references. Refrain from relying on the contact information the tenant provides. If you are calling the workplace, then research the number to call. When calling landlords, a realtor can help to ensure the owner’s correct name. If there is a discrepancy in the information, ask the tenant to explain.

Social media is powerful. You can form a profile about the tenant with some research. In addition to the tenant, it is wise to look at social media content for the references and landlord. I recall an incident where the prospective tenants cleaned up their social media sites, but the contacts still needed to. Perfect friends were hanging out together.

Meeting with the prospective tenant and the other occupant before committing is imperative. When it comes to choosing a tenant, the first impression counts. Ask the tenant open-ended questions such as “Describe your typical week?” If you are happy with their answers and want to move forward, the next step is contacting the condo corporation.

Let management know that you have a potential tenant for your unit. The condo corporation may need the occupants’ numbers and contact info. It is essential to educate the tenant about the bylaws. For example, some condos have strict rules for pets, and some are pet free. It is crucial to have tenant insurance. Tenant insurance will cover the unit’s contents and accidents, such as water damage and fire.

The landlord and tenant board for freehold properties handles problems between landlords and tenants. I learned a condominium has two other parties: the condo management and the Condominium Authority Tribunal. Condo landlords must be careful who they choose as tenants because it matters.