Moving: A guide to help landlords to cope with the worst

Moving day and tenant move-in day often goes very smoothly, but here are 10 situations that landlords dread and that can make the first of July chaotic. As CORPIQ has mentioned several times, being a landlord involves many risks and certain situations can result in very high costs if all precautions are not taken.

1.       The new tenant arrives before the other one leaves

The outgoing tenant's move may not be completed before the new occupant arrives. In this case, the outgoing tenant must give the new tenant access to the unit. It is suggested that one or, if possible, several rooms be vacated to allow the new tenant to deposit his or her belongings.

Everyone should be courteous and civil and talk to each other, as 12% of landlords have observed a move-in schedule conflict at least once in the past two years. 

 

2.       The current tenant doesn't want to leave

A tenant who has given notice of non-renewal of a lease must leave the unit at the end of the lease term because another tenant must move in. If the tenant who was supposed to leave does not, he or she will have to pay all the expenses incurred by the other tenant who would have to find a solution that is often expensive (hotel, storage, etc.). The former tenant will have to pay compensation for all the inconveniences that this represents. The occupying tenant would be better off leaving the unit and simply pay for the storage of his or her belongings. If the tenant refuses to vacate, the landlord will have to arrange with the signatories of the new lease and turn to the Tribunal administratif du logement (TAL) to obtain an emergency hearing from which an order to evict the former tenant will be issued within a few weeks. In addition to costs that can run into the thousands of dollars, the offending tenant will have a court record that will not be without consequences.

 

3.       The dwelling is left in poor condition

Although CORPIQ has succeeded in having the courts recognize the validity of the security deposit in certain circumstances, many landlords are still unaware of this fundamental right to rent. In any case, it is about 1 out of 3 dwellings that are left in poor condition (1 out of 2 that the landlord deems unacceptable for the next tenant), and it costs landlords about 150 million dollars each year to make repairs for damages that occurred during moves. Tenants have an obligation to use the dwelling in a careful and diligent manner and to return it to the condition in which they received it. If the unit is returned with damage caused by the outgoing tenant, the landlord must ensure that the damage is properly documented, that repairs are made, and that the former tenant is informed of the costs. If no agreement can be reached, a lawsuit can be filed with the TAL to recover these amounts, which are generally difficult to recover.

 

4. The former tenant left behind several items

The landlord is not obligated to keep abandoned property that is of no value. If they have some value, it is best to make an inventory with a neutral witness and notify the tenant by registered mail to his or her new address. If there is no way to contact the tenant, the landlord should normally place a notice in the local newspaper, under the heading "Public Notices", asking the tenant to pick up the goods. If the goods are claimed within 90 days, the former tenant will have to pay the storage fee. After that time, the landlord is free to dispose of or sell the property.

 

5. The tenant left without paying

Normally, a request to recover rent should be made well in advance of moving day. In the case of a lease ending on June 30, if the June rent is unpaid, the landlord can file a claim with the TAL as early as June 2.  Nearly 40% of landlords have experienced this situation at least once in the last two years and it is a long road to recover the rent. Therefore, it is important to allow the landlord to legally request a security deposit at the signing of the lease.

 

6. The first rent is not even paid...

Unfortunately, more than 10% of landlords have experienced this situation at least once in two years. However, the best practice is to always ask for the first month's rent when signing the lease. If the tenant has still not paid on move-in day, the landlord has no choice but to let the tenant have access to his or her unit and go to the TAL if payment is not made. Again, this can take several months to correct. 

 

7. The new tenant is conspicuous by his or her absence

If the landlord has not heard from the new tenants by move-in day, the landlord should attempt to contact them. If the first month's rent is paid and there is no sign of life, the landlord should wait. The next month, on the 2nd of the month, the landlord can re-rent the dwelling. Thereafter, the landlord can apply to the TAL to hold the tenants who never took possession of the unit responsible for the amounts incurred (lost rent and fees).

 

8. The new tenant causes damage on arrival

The presence of the landlord on the premises during the moves is more than desirable to be able to note the state of the premises and to hold people responsible in case of damage. Recourse exists, but the fact remains that it is not easy for the landlord to recover his or her expenses. The security deposit would again be a good way to limit losses.

 

9. The new tenant does not subscribe to Hydro-Québec

Does the lease clearly state that the tenant is responsible for the electricity costs? If so, the tenant is required to subscribe to Hydro-Quebec's electricity service. Since 2018, a landlord can use Hydro-Quebec's service: "Manage my rental units" allowing landlords to choose in advance if they will interrupt or maintain electricity when the dwelling is without a tenant.

 

10. Did you say "no pets"?

Landlords have the right to refuse animals, unless it is a service dog to compensate for a disability. If, despite the ban, a tenant shows up on moving day with a pet, the landlord must act quickly to notify the tenants that they have signed a lease that does not allow pets and that there will be no exceptions, also out of respect for the other tenants who have chosen a pet-free location. If the new tenants do not cooperate, the landlord will have to notify them in writing. If they do not cooperate, the landlord will have to go to court and order the tenant to dispose of the animal.