An upset landlord showing a document amidst a landlord and tenant dispute

6 Tips for Dealing with Tenant Disputes

kase
Apr 12 2022

Though being a landlord is fulfiling, it can become stressful when you are faced with tenant disputes. These can lead to complaints, fines, penalties, and even convictions. In Ontario, legal escalations can happen if the dispute involves a violation of the Residential Tenancies Act

For this reason, it is crucial for lessors to be aware of how to handle these issues. This guide explores the different kinds of landlord and tenant disputes, what’s contained in the Residential Tenancies Act, and how having the right insurance solutions can help give you peace of mind as a property owner.  

Let’s get started! 

“landlord-tenant law” agreement outlining what’s expected of each party in a lease

What Is a Landlord and Tenant Dispute? 

To establish the scope of this guide, let’s quickly define what counts as landlord and tenant disputes. These are issues that cause a disagreement between a property owner and a renter. 

The general rights and responsibilities of landlords and tenants are covered in the Residential Tenancies Act of Ontario, which we will discuss later on. However, if you are a landlord in another region, you would need to refer to the equivalent written laws in your area.     

Essential Tips for Dealing With Landlord and Tenant Disputes 

When it comes to landlord and tenant disputes, prevention is always better than cure. This is why most of the tips we’ll discuss involve avoiding or de-escalating landlord and tenant disputes. However, we’ll also cover what to do when you are faced with an escalated dispute. 

1. Know Your Rights and Responsibilities

Whether it’s avoiding disputes or knowing how to properly respond to conflicts, being fully aware of your rights and responsibilities as a landlord is essential.  

If your rental property is in the region of Ontario, you can refer to the Residential Tenancies Act of Ontario, which details the rights and responsibilities of both landlords and tenants. It must be noted that numerous parts of the Act do not apply to university/college residences as well as non-profit housing. 

A few of the key aspects covered in the Residential Tenancies Act include the following: 

  • When it is okay to increase rent;
  • By how much the rent can increase; 
  • When to notify the tenant of a rent increase;
  • How rent deposits can be consumed;
  • Who does maintenance and repairs (depending on the cause of damage);
  • Cases when a landlord can enter a tenant’s rental unit with or without written notice;
  • Guidelines on ending a tenancy; and
  • Acceptable reasons for tenant eviction. 

Being familiar with the Residential Tenancies Act is recommended for both new and seasoned landlords. In case of a landlord and tenant dispute, knowledge of this Act (or its equivalent in your region) enables landlords to work within the bounds of the law and take the right course of action. However, by adhering to the guidelines of the law, landlords are able to avoid major disputes altogether. 

Since the bulleted list above also talks about the most common causes of landlord and tenant disputes, it would be advisable to clarify these points in the lease contract as well. As a final note, make sure that the terms in your lease contract adhere to the guidelines in your region. 

2. Establish Clear Communication and Written Lease Terms

As soon as the lease contract is ready for a new tenant, it would be advisable to go over the contract with them so that they understand what their responsibilities are — along with the consequences of failing to do their responsibilities. 

This is also the best time to lay down the rules on who does which type of maintenance work on the rental unit. For example, as stated in the Residential Tenancies Act of Ontario, the tenant is responsible for damages that they themselves caused. 

At the get-go, it should also be clear what is included in the rent, what isn’t included, when rent increases can happen, modes of payment, and so on. In regards to lease contracts, you can also ask the tenant to sign on each page in order to document that they’ve read every part of the contract. In case you have had tenants for a while and you weren’t able to take the above steps, you can set a meeting with them to do so. 

Clear communication is also crucial to de-escalate disputes as they arise. In case your tenant is confused about the terms and their responsibilities, it would be best to calmly communicate this with them and work out a solution. 

3. Document the Dispute as It Arises

As a landlord, it is advisable to keep a file on each tenant. In the event that they’ve broken rules, have made unreasonable demands, have been engaged in suspicious activity, or have done anything to cause a landlord and tenant dispute, keep a record (along with any evidence) of these incidents. 

In case landlord and tenant disputes end up in court, these documents could help in your defence and possibly justify tenant eviction and/or other needed legal measures. 

 A landlord keeping files of tenant records in case landlord and tenant disputes occur.

4. Keep Calm and Collected Throughout a Dispute

When disputes escalate, it’s not unusual for tempers to rise. However, this is something that you want to avoid. 

No matter how heated a dispute may get, avoid harassing a tenant or going to their space without written notice, unless it is a special case allowed by the Residential Tenancies Act. Another action to avoid is cutting their vital services since this is also prohibited in the aforementioned Act. 

5. Be Aware of the Role of Insurance

Sometimes, the most heated disputes happen because of the fear of financial loss or the inability to shoulder liability — especially on the part of the tenants. 

For example, a tenant may damage another tenant’s property and does not have the means to cover the repairs. The offending party might deny the incident and become difficult to contact, thereby causing a long-standing dispute. In such a scenario, some landlords may give up and just cover the repair themselves. 

This is why it is advisable for landlords to require tenants to have adequate renters insurance. This type of insurance covers personal liability (e.g. damage to other tenants’ property), the value of personal belongings, and more. Renters insurance complements landlord insurance, both synergizing to fully protect your business — while also minimizing disputes.    

6. Know Who To Call

Oftentimes, landlord and tenant disputes do not escalate immediately, but when clear and calm communication doesn’t help resolve the matter, the dispute will escalate. In such cases, the dispute should be brought to the attention of the Landlord and Tenant Board in Ontario. 

However, if you have a tenant who is showing aggressive, substance-influenced, or life-threatening behaviour to you or your family, this should be reported to the police. 

Customized Landlord Insurance That You Can Count On 

As we’ve covered in this article, landlord insurance and renters insurance, can help protect you from certain types of landlord and tenant disputes. 

With landlord insurance, you can safeguard your rental property, maintenance equipment, and income. The right type of landlord insurance will also provide coverage for various liabilities. Meanwhile, renters insurance will help cover personal liabilities, personal belongings, and other unforeseen expenses.

If you have questions about landlord insurance or renters insurance, our team is here for you.  

KASE Insurance is an award-winning, Toronto-based insurance brokerage firm. We can set up customized insurance suited to your needs and preferences. Contact our team today! You can also get started with a FREE quote.

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