ASK THE LAWYER
By Kevin Wishlow
In this edition, we continue to answer common questions received from Landlords.
What is the appropriate paperwork and procedures regarding inspection “walk-throughs” at the beginning and end of a tenancy?
Many Landlords have found themselves in trouble because they did not follow the specific requirements of the Residential Tenancies Act. This “trouble” can include being ordered by a Court to return the full damage deposit -- or in an even worse case scenario, a Landlord may be charged (likely by a government investigator) with an offence and required to defend themselves in court! If convicted of an offence, the Landlord could receive a fine of not more than $5,000.00.
The Act requires that a landlord shall not make a deduction from a Tenant’s security deposit for damages to the residential premises unless the requirements respecting inspection reports have been met. Those requirements include: a landlord and Tenant shall, within one week before or after a Tenant takes or gives up possession, inspect the premises, and the landlord shall provide the Tenant with a report of the inspection that describes the condition of the premises.
Further, the report must contain the following statements and be signed by the Landlord and the Tenant: “The inspection of the premises was conducted on [date] by [name of Landlord] and by [name of Tenant]” and “Inspections should be conducted when the premises are vacant unless the landlord and Tenant or their agents otherwise agree.” Also, a statement of the Tenant that, “I [name of Tenant or agent], agree that this report fairly represents the condition of the premises” or “I [name of Tenant or agent], disagree that this report fairly represents the condition of the premises for the following reasons: ....”
If you do not feel completely comfortable drafting your own inspection report, you can always consider obtaining one by contacting the Calgary Apartment Association.
What if the Tenant refuses to participate in the inspection process?
The landlord may complete the inspection without the Tenant if [the Tenant] has refused to take part in 2 inspection dates suggested by the landlord. The “suggested dates” have to be on different days, not on holidays, and between 8:00 a.m. and 8:00 p.m. Note that “holidays” include all Sundays. Further, if the Tenant is not cooperating, the report must contain a statement that, “The Tenant or Tenant’s agent present at the inspection refused to sign the Tenant’s statement.” Or, “The inspection of the premises was conducted on [date] by [name of Landlord] without the Tenant or the Tenant’s agent being present.”
What can be done with property abandoned by the Tenant?
According to the Act, if the value of the abandoned goods is less than $1,000.00, or where storage would be unsanitary, unsafe, or would rapidly result in substantial depreciation, or where the cost of removing, storing, and selling the goods would exceed the proceeds of sale, then the Landlord may dispose of the goods.
In the unlikely event that the value of the goods is $1000.00 or more, the Landlord shall arrange for storage for 30 days, and then may dispose by public auction, or, with the approval of a court, by private sale.
Any monies from the sale of goods over and above the costs of removing, storing, and selling the goods, and any other liabilities to the landlord, must be paid to the Provincial Treasurer.
Kevin Wishlow is a lawyer with the firm of Scott Hall, and a member of the Landlord 911 team. The content of this article is intended to be informational only. You may need to seek specific legal advice, depending on your circumstances. For further information about the content of this article, or any other matter pertaining to landlord and tenant issues, you can reach Kevin Wishlow through Landlord 9-1-1, at 259-0029. If you have any questions you would like answered or suggestions for topics you would like to see addressed in this column, please fax them to Landlord 911 at 215-5776 or e-mail to: barb@fosterco911.com.
