Article for CCI Newsletter - Renting Your Condo Primer

Tenant Responsibilities in Condominium Rentals:

In addition to obligations under the Residential Tenancies Act (RTA), tenants leasing condominium units must adhere to the corporation's bylaws. These bylaws can be enforced on tenants, irrespective of their explicit agreement, ensuring compliance within the community. 

Unit Owner Responsibilities:

Condominium owners leasing their units are obligated to inform the condominium corporation promptly. This includes providing written notice of their intent to rent, their service address, the rent amount, and the tenant's name within 20 days of the tenancy commencing. Similarly, owners must notify the corporation within 20 days of the tenancy's termination. Additionally, if requested by the corporation, owners must submit a deposit (not to be passed onto the tenant). Owners must ensure tenants are aware of and adhere to the corporation’s bylaws, which supersede both the tenancy agreement and the RTA in case of conflict. The Unit Owner is also responsible for maintaining the unit which includes the appliances.

Corporation Responsibilities:

Upon a unit's rental, the corporation may request a deposit from the owner (capped at $1,000- or one-month’s rent, whichever is higher). This deposit can be utilized for repairs or replacements of damaged, lost, or removed condominium, common, or exclusive-use properties caused by the tenant. The corporation must return the owner's deposit within 20 days of receiving written notice of tenancy termination, deducting any necessary costs and providing an itemized list thereof. While interest on the deposit isn't mandated by the Condominium Property Act, some corporations may opt to provide it.

Communicating with Landlords or Tenants:

When landlords and tenants enter into a residential tenancy agreement, they establish a binding contract that can be written, oral, or implied. It is advisable for this agreement to be documented in writing, ensuring clarity and mutual understanding.

Resolving Disputes:

Disputes between landlords and tenants can arise for various reasons, such as rent payments, property maintenance, and adherence to tenancy agreements. The Residential Tenancy Dispute Resolution Service (RTDRS) provides a streamlined, quasi-judicial process to resolve these disputes without the need for court intervention. The RTDRS offers a quicker, less formal, and more cost-effective alternative for both parties. Common issues addressed by the RTDRS include security deposit returns, eviction disputes, and rent arrears. Utilizing the RTDRS ensures that disputes are handled fairly and efficiently, providing resolution and clarity for both landlords and tenants.

Methods for Delivering Notices:

Required notices must be delivered in person or via registered mail. Tenants should use the mailing address specified in the "notice of landlord," while landlords should utilize the address of the rental premises if an updated address for the tenant isn't available. In cases where the tenant is absent or evading service, notices can be sent by registered mail, delivered to an adult residing with the tenant, or posted visibly on the rental premises. Alternatively, notices may be transmitted electronically, provided a printed copy is produced.