According to a recent survey conducted by Canada Real Estate Wealth (CREW), about 54% of readers including prominent investors in real estate believe that landlords should be responsible for their tenants’ for the nuisance of their tenants.
However, major players in the real estate industry suggest that the tenant selection process should be given greater attention. It is essential and of course, in his best interest, for a landlord to carry out comprehensive background checks on prospective tenants to ensure that the person abides by all the rules outlined in the rental agreement.
Check if the prospective tenant has had any past run-ins with the law, his former habitation and his relationship with the former landlord and of course, co-tenants at the time.
The landlord should also ensure that the tenant has reached the age of consent and so is responsible for their actions and decisions under the law.
It is important that the rental agreement includes nuisance and alcohol bylaws. But if such a bylaw is enacted, it is likely that landlords will be advised to include clauses in the rental agreement to indemnify the landlords against any legal action exerted upon the tenants.
Oftentimes, this is not even foolproof depending on the specifications of the bylaw.
Below half of respondents to the poll said landlords should not be held responsible especially as the tenants have a mind of their own and can think and act of their own free will and so, should be accountable for any unruly behavior.
If the proposed nuisance bylaw was passed and landlords were to pay fines for their tenants’ bad behavior, it could put them greatly at risk and in fact, goes against the tenets of the freedom and rights afforded to all Canadians under the constitution.
Tenants have the right to make decisions on their personal accord as adults in society, when they choose to flout municipal laws, like any other legal adult, they should be held responsible for their own actions.