Rental units without written agreement

[NorthernAlex]

Hello all.

I bought my first property (5plex) a beginning February 09 and maybe you already read about some issues I already had to face. All the units (minus one) are rented out, but without a written agreement.

My lawyer requested from the previous owner some infos (amount of persons, name, amount of rent, inclusive rent or plus util, no last deposit, no rent increase in the last 12 months, aso), which all tenants agreed and signed, but there is no written agreement.

1) What would you suggest to do?

2) Is there a possibility of changing the "all inclusive rent"? Maybe with a 3-6 month waiting period? I received a document of the hydro company where every unit is listed with its average 2008 usage. So I would like to reduce the rent by this amount....

 

[housingrental]

1) If you have tenant acknowledgment forms why do you want to do anything? If you want to get them on a fixed term again you can ask them to sign a lease but its at their discretion - re my other post you can try bribing them by offering them no rent increase , etc..
2) Nothing. Negotiate with tenants re above. Most likely you just change over to + utils when re-renting as units come up.

 

[Nir]

Alex, As Adam mentioned, what is the main reason you want to change the current situation where you only have tenant acknowledgments?
what is your main concern? not saying it is a bad idea, just curious to know as I have a similar situation.

 

[GarthChapman]

I think that when there is no lease then these tenancies are governed soley by the Provincial Tenancy Act, without the benefit of any (legal) various rules you may normally include in your lease doc, as well as specific penalties for late rent, NSF cheques etc. Even though the Courts will often refrain from enforcing such penalties they are generally a pretty good deterent - we collect on our penalties when appropriate. So I propose that this issue only matters if those sort of things are important to you.

I recommend hat your purchases include a condition such as "subject to buyer`s review of and satisfaction with existing tenants` leases".

 

[NorthernAlex]

Neil,

my main intension is to have my paper work in place plus some clauses which I wanted to include. Like that the tenant can`t install his own washing machine or/and dryer without my permission. There is a coin laundromat which should be used. I charge 25$ for a NSF cheque, which I don`t know if I can do, if I didn`t tell them upfront. Maybe I can, but I see it easier if I have all my paper work everywhere the same.

I see my self as very nice landlord who won`t BS anyone, but also doesn`t want to be BSed. Like in one unit: I noticed that there is a 3rd person living in the unit. It seems to be the boy friend of one the tenants. I noticed his car when I inspected the property before I bought it in November- now she is telling me, that he is staying temp. there and the first month.....

Garth and Adam, thank you for your feed back. Very good clause, Garth. Merci.

Yes, the now vacant unit, which will be rented this Saturday will have a written lease and is without hydro.