The Biggest Mistakes that Landlords Make

In this seven-part series, learn about the biggest mistakes that Landlords make and how to avoid them.

 

Mistake #1 – Selecting the wrong Tenant

The #1 key to success as a Landlord and real estate investor is finding a great Tenant that will pay the rent on time and take care of the property.  Plain and simple.

Finding that great Tenant is where the challenge begins.  Your Tenant screening process needs to be systematic and comprehensive, so that you can find the best of the best.

This may seem obvious, but you’d be surprised by how many Landlords take the short-cut and accept the first person that comes along.

Why does this happen?

    • They’re under financial strain and desperate to get the unit rented.

    • Lack of patience.
    • They don’t have the time for due diligence.

    • They don’t know how to properly screen a Tenant.

    • They don’t know what supporting documents to ask for.

    • The Tenant offers a lump-sum payment up-front as incentive, usually to overlook red flag on their application.

    • The Tenant was referred by a friend, acquaintance, or family member.

    • The Tenant offers to do repairs/improvements to the property, usually for a rent discount.

    • The rental unit is of low-quality and/or in a bad area.

    • They feel sorry for the Tenant’s situation and want to help them out.

    • They trust the Tenant on face-value, without doing the due diligence.

In most cases, things start out just fine, but eventually start to slip.  The Tenant starts paying late, then missing payments, then not communicating.  The Landlord doesn’t handle the situation properly and the downward spiral begins…

How do you avoid choosing a bad Tenant?

This whole situation could have been avoided by doing the due diligence (aka Application Process, Background Check, Tenant Screening, Vetting Process), no matter where the candidate came from or what their story is.  It doesn’t matter if they were referred to you by a co-worker or family member, always run them through a vetting process.  It doesn’t matter if the Tenant entices the Landlord by offering to pay for one year up front (happens all the time and is a major red flag!), do the due diligence.

This might seem extreme and uncomfortable in some cases, but owning a rental property should be ran like a business.  Your rental business.  And like any business, it depends on consistent revenue to make it work.  You’re also handing over a property worth hundreds of thousands of dollars to a stranger.  You need to make sure that the person taking possession of your valuable asset is qualified and trustworthy and that you feel good about it (that Gut-feeling).

What’s the best way to screen a Tenant?

    • Create good-quality Ads with nice photos.

    • A reasonable Rental Rate, based on market conditions – not too high, not too low.

    • Meet the Candidate in-person and get a feel for them.

    • Ask questions to uncover their story – what’s their history, why are they looking to rent your unit, who will be living in the unit.

    • Listen to your Gut – you’ll have a nagging feeling if something isn’t right.

    • Have them fill out an Application.

    • Request Supporting Documents, including Credit Report, Job Letter and recent Pay Stubs, Photo ID.

    • Check References, especially their Employer.

    • Social Media checks – how they behave on Social Media says a lot about a person.

    • Social Media checks on their References, especially their Employer and Supervisor.

    • Confirm Credit Score on platforms such as Front Lobby and SingleKey – Credit Reports can be easily falsified.

What ‘Red Flags’ should you be looking for?

    • Inconsistent, missing or false information.

    • Dragging their feet on giving you the information that you requested.

    • Not being able to find them or their employer on Social Media.

    • Employer not calling you back for a reference check.

    • Not providing previous Landlord contact information.

You also want to assess:

    • Their ability to pay – do they have enough income to cover their expenses?

    • Will they be a good fit for you, the rental unit and other Tenants (in a multi-unit building)?

In the end, you want to feel good about having the Applicants move into your property.  You want to select someone who you feel that will be a pleasure do deal with on a day-to-day or monthly basis.  You also want someone who’s not going to be overly needy or helpless, as that will eventually be drain on your time and energy.

Want to learn more about the process we use at East Vista to find great Tenants for our Clients? Click HERE to read this informative article.

 

The Ontario Standard Lease – What you need to know!

What is the Ontario Standard Lease Agreement?

A standardized form of lease, mandated by the Ontario Government for most residential lease agreements in Ontario.  The clauses within the lease are aligned with the Residential Tenancies Act.

What you should know about the Ontario Standard Lease Agreement:

  • It’s mandatory for residential leases signed after April 30, 2018.
  • The Tenant must receive a signed copy of the lease within 21 days of signing.
  • The OREA Agreement to Lease (Form 400), used if you advertise the property on MLS through a Realtor, is not a valid form of Lease in Ontario.  It must be accompanied by the Ontario Standard Lease.
  • Additional terms can be added to the agreement, as long as the terms do not contravene the Residential Tenancies Act.

Why is a standardized lease agreement a good thing?

  • Reduces confusion and misinterpretation often associated with tenancy law.
  • Reduces risk for Landlords by keeping them compliant with tenancy law.
  • Protects Tenants against unlawful lease clauses.
  • Clarifies obligations and responsibilities of Landlords and Tenants alike.
  • Provides an easy-to-use, legally compliant Lease Agreement for small Landlords.

The Ministry of Municipal Affairs and Housing publishes a comprehensive guide to the Ontario Standard Lease.  It’s a quick read and provides loads of valuable information about key clauses within the lease agreement and the associated legislation within the Residential Tenancies Act.  In our opinion, the guide should be required reading for Landlords and Tenants alike! 

Overview of Key Sections of the Lease Agreement

Section 3 – Contact Information

Landlords and Tenants can agree to send and receive notices by email, where permitted by Landlord and Tenant Board rules.

Section 9 – Key Deposit

Landlords are permitted to collect a refundable Key Deposit.

Section 10 – Smoking

Ontario law prohibits Smoking in common areas, but not individual units.  Smoking rules for individual units must be added to the Lease by the Landlord and agreed to by the Tenant.

Section 11 – Tenant Insurance

The Landlord can require that liability insurance is obtained by the Tenant.  The Tenant must provide proof of coverage if requested by the Landlord.  Obtaining content insurance is optional for the Tenant.

Section 12 – Changes to the Rental Unit

Tenants are permitted to make minor alterations, such as hanging pictures and window coverings, but must have Landlord approval for any other alteration.

Section 13 – Maintenance and Repairs

This section explains that the landlord must maintain the rental unit and property, but the tenant must repair or pay for any undue damage caused by the tenant or their guests. The tenant is responsible for keeping the unit clean, unless the landlord agreed to do so.

Section 14 – Assignment and Subletting

This section explains that the tenant needs the landlord’s permission to assign or sublet the unit to someone else, and that the landlord cannot arbitrarily or unreasonably withhold consent.

Section 15 – Additional Terms

The Landlord and Tenant can agree to additional terms not covered in the Ontario Standard Lease, assuming:

Any additional term which attempts to take away a right or responsibility under the act is void (not valid or legally binding) and cannot be enforced. Some examples of void and unenforceable terms include those that:

  • Do not allow pets (however, the landlord can require the tenant to comply with condominium rules, which may prohibit certain pets.)
  • Do not allow guests, roommates, any additional occupants Part 1: Sections of the standard lease 8.
  • Require the tenant to pay deposits, fees or penalties that are not permitted under the act (for example damage or pet deposits, interest on rent arrears).
  • Require the tenant to pay for all or part of the repairs that are the responsibility of the landlord.

Additional terms should be written in plain language and clearly set out what the landlord or tenant must or must not do to comply with the term. If typed, the additional terms should be in a font size that is at least 10 points.

We would suggest having your ‘Additional Terms’ vetted by an experienced Paralegal, to ensure that they do not contravene the Ontario Residential Tenancies Act.

Landlords and Tenants alike should get to know the Ontario Standard Lease, as it forms the foundation of the Landlord/Tenant relationship.  You can download the agreement and guide below:

Download the Guide to the Ontario Standard Lease here:

https://files.ontario.ca/mmah-guide-to-standard-lease-for-rental-housing-en-2022-04-19.pdf

Download the Ontario Standard Lease here:

https://www.ontario.ca/page/guide-ontarios-standard-lease

How to find a great Tenant

Finding a great Tenant has become a daunting and stressful task for many Landlords.  

With the advent of social media and online forums, we are constantly bombarded with stories of rent arrears, long LTB delays, Cash for Keys, overcrowding and property damage.  These stories have almost become urban legend and invoke fear in the hearts of even the most seasoned Landlord.

The thing is, we only hear the horror stories, not the good news stories.

Finding a great Tenant is not always easy, but it’s not as difficult as some would lead you to believe.  Tenant recruitment and selection has many dimensions, so is more a matter of following a process and doing the due diligence without cutting corners.

One thing that you might not realize is that your Tenant selection process starts way before you even post an Ad or do a showing.

So, where do you start?

The Tenant Selection Process Simplified

1.  Who is your ideal Tenant?

The whole process starts with articulating a clear vision of your ideal Tenant, aka your Ideal Tenant Profile.

Who are you trying to attract?  Who would be best suited for the property?  What do they do for a living?  How many people are you looking for?  How many vehicles do they have?  Do they have pets?

Create a written description and use it as a guide during your recruitment and selection process.  Use your clear vision to write Ads that appeal to your ideal Tenant or Tenants (you can have more than one Ideal Tenant Profile).  Compare every application that you receive against your profile and stick to it.

2.  Offer a great product

Your Property is your Product and the Tenant is your Customer. If you put a low-quality Product on the market, you’ll attract a low-quality Customer.  

Buy a great house in a great area and the great Tenants will line up at your door.  

Same holds true for Maintenance.  A well-maintained Property will attract Tenants that want the same.

3.  Price as a Filter

Do your research to determine the rental price range for your property and area, then start your pricing at the top of the range.  A higher price will deter most semi-qualified candidates and make your job much easier.  Reduce the price incrementally, depending on response to your advertising.  Ultimately, the market will determine the rent, but you will avoid wasting time with unqualified applicants.

4.  Create great Ads

Your goal is to generate as much awareness about the property as possible.  At the time of this writing, Facebook Marketplace is a highly effective method of reaching the rental market.  MLS (Realtor.ca) is also an option, which expands your market exposure, but at a higher cost.  High-quality lawn signs can also be effective, depending on the location of the property.

In terms of information about the property: More is Better!  Nothing is worse than looking at a property listing that tells you absolutely nothing about the property.  It’s an indicator of a lazy, low-quality Landlord.  What kind of Tenants do you think this will attract?

High quality photos are critical and a video walk-through can be effective as well.  An effective advertising strategy is to publish 2 versions of your ad: one that lists the point-form features of the property, and one that describes the benefits of the property.  Each version will appeal to readers differently.

Include a line of text at the bottom of the Ad stating: “First and Last Month’s Rent, Credit Check, proof of Income and Photo ID required”.  This will instantly discourage less-qualified candidates from responding.

Keep it Legal.  Your ads should not discriminate in any way and cannot include any requirements that contravene the Residential Tenancies Act (e.g. ‘No Pets’).  Doing so just looks unprofessional and can be a deterrent for your ideal Tenant.

Make it easy for potential tenants to get in touch with you.  If you are comfortable, provide a phone/Text number and email address within the text of the Ad.

5.  Respond quickly to enquiries

It’s important to stay on top of your Ad responses and contact the potential candidate as soon as possible, meaning minutes or hours, not days.  Their interest in your property is fleeting, as they might also be responding to 20 other Ads.  You’ll find that about 30% of incoming inquiries will go nowhere, as they have likely made contact with another Landlord by the time that you reply and you will not hear back from them.

If possible, try to make verbal contact or at least correspond by text with the candidate if they messaged through social media.  This increases your chances of booking a showing and you can also tell a lot about the candidate by their mannerism on the phone or through text message (another filter!).

6.  Pre-screen Candidates for Showings

If your property is likely to garner a flood of interest, then you should consider pre-screening the candidates before showing them the property.  This will save everyone a huge amount of time and effort.  No point in showing someone the unit if they don’t meet the criteria from your Ideal Tenant Profile.  It’s all about efficiency and you need to focus on the most-qualified candidates.

One of the easiest and most effect pre-screening tools is a Google Forms questionnaire.  Once you create the questionnaire, embed a link in your Ad copy, with a short sentence saying that the candidate must fill out the form to request a showing.  Learn more about Google Forms here: https://www.google.ca/forms/about/

7.  Conduct Showings and establish rapport

In our opinion, the in-person meeting, aka Showing, is one of the most critical pieces of the Tenant selection puzzle.  Without being overbearing and intrusive, you should strive to establish a rapport with the candidate and facilitate a friendly conversation.  This will put the candidate at ease and encourage the flow of information.  As you build trust, they will open up and offer more insight into their story and character.  Most often, you’ll get a gut feeling about the candidate during that first meeting.  If you have a bad feeling about the candidate, pay attention, as that first gut feeling is usually correct.

8.  Application and supporting documents

If a candidate wants to proceed with renting the property, the next step would be to have them fill out an application and submit their supporting documents.

You should request:

  • A Rental Application – filled out completely, without missing information
  • Photo ID of all Leaseholders
  • Proof of Income – recent Pay Stubs and/or Job Letter – for all Leaseholders
  • A recent Credit Report – PDF version (no screenshots), one for all Leaseholders

This is where the process can bog down.  You’ll encounter many applicants that are not IT savvy and can have challenges with obtaining and sending documents.  You’ll also encounter applicants that don’t have the documents readily available, even though your Ads clearly state that they are required.  Navigating this can take some patience, as it can be a lot of back and forth until you have everything that you need.  (One note: the fact that it’s so difficult to get the documents from them can be a red flag and an indication of what it will be like to deal with them as Tenants).

9.  Do-do-do the Due Diligence

Once you receive all of the requested documents, then the work begins.  The due diligence phase is the most important part, as it’s your last line of defence against all the horrors that you read about on social media.

This seems obvious, but you’d be surprised by how many Landlords take the short-cut and accept the applicant on face value.  There are many reasons that they do this:

  • They’re under financial strain and desperate to get the unit rented.
  • They don’t have the time for due diligence.
  • They don’t know how to properly screen a Tenant.
  • They don’t know what supporting documents to ask for.
  • The Tenant offers a lump-sum payment up-front as incentive, usually to overlook red flag on their application.
  • The Tenant was referred by a friend, acquaintance, or family member.
  • The Tenant offers to do repairs/improvements to the property, usually for a rent discount.
  • The rental unit is of low-quality and/or in a bad area.
  • They feel sorry for the Tenant’s situation and want to help them out.

In most cases, things start out just fine, but eventually start to slip.  The Tenant starts paying late, then missing payments, then not communicating.  The Landlord doesn’t handle the situation properly and the downward spiral begins…

This whole situation could have been avoided by doing the due diligence (aka Application Process, Background Check, Tenant Screening, Vetting Process), no matter where the candidate came from or what their story is.  It doesn’t matter if they were referred to you by a co-worker or family member, always run them through a vetting process.  It doesn’t matter if the Tenant entices the Landlord by offering to pay for one year up front (happens all the time and is a major red flag!), do the due diligence.

This might seem extreme and uncomfortable in some cases, but owning a rental property should be ran like a business.  Your rental business.  And like any business, it depends on consistent revenue to make it work.  You’re also handing over a property worth hundreds of thousands of dollars to a stranger.  You need to make sure that the person taking possession of your valuable asset is qualified and trustworthy and that you feel good about it (that Gut-feeling).

So, what’s the best way to screen an applicant?

  • What’s your impression after meeting with them in-person for a showing?
  • Call References, especially their Employer.
  • Social Media checks – how they behave on social media says a lot about a person.
  • Social Media checks on their References, especially their Employer and Supervisor.
  • Confirm Credit Score on platforms such as Front Lobby and SingleKey – Tenant-provided Credit Reports can be easily falsified – happens all the time.

Through all of these checks, you should be looking for ‘Red Flags’, such as:

  • Inconsistent, missing or false information.
  • Dragging their feet on giving you the information that you requested.
  • Not being able to find them or their employer on social media.
  • Employer not calling you back for a reference check.
  • Not providing previous Landlord contact information.
  • Mismatched fonts on pay stubs or other documents.

You also want to assess:

  • Their ability to pay – do they have enough income to cover their expenses?
  • Will they be a good fit for you, the rental unit and other Tenants (say, in a multi-unit building)?

The graph below is not overly scientific, but it shows where we focus most of our efforts during the due diligence process.  In most cases, the information and documentation that the applicant provides are legitimate, but it’s important that you double-check through your own validation process.  Rental Fraud is becoming more prevalent and sophisticated due to the advent of technology, so it’s good to develop a process to reduce the chances of being scammed.

9.  Make a decision with confidence

If you’ve taken the time to assemble the appropriate documents and check their validity, then your decision will likely be easy.  You should also have a good feeling about the applicant after meeting with them in-person and dealing with them through the application process.  As I mentioned before, be aware if you have a nagging feeling that something isn’t quite right.  Trust your gut…it’s called intuition and it’s usually right.

Your ultimate goal

At the end of this process, you want to feel good about the choice that you’ve made.  You want to select someone who will be a pleasure do deal with on a day-to-day or monthly basis.  You want someone who’s not going to be overly needy or helpless, as that will eventually be drain on your time and energy.  You want a stable Tenant that will provide stable income for you.

To accomplish this, you need to trust yourself and trust the process.  Put in the work of checking the facts and listen to your intuition if something doesn’t seem right.