Tenant wants to pay semi-monthly instead of monthly

[Nir]

Hi,
A tenant I just "inherited" wants to start paying semimonthly due to EI payments (recent lay-off)..
I do not really mind since she suggested to deposit the amount directly to my account. she has been a good long term tenant.. I think.
In the Lease should I mention something like:
"Rent payments are to be remitted semimonthly to the Landlord and submitted by the first day of each month in the amount of $425.00 and 15th of each month in the amount of $425.00. Monthly rent is $850.00."? it will be the first time I have a tenant paying semimonthly. is this rare? any reason not to agree to her request? one thing I noticed is semimonthly is not mentioned clearly in the tenancy act like the normal monthly rent(!?)

Another basic question:
Is it true a long term tenant you inherit is usually on a month to month and does not have to sign a new Lease with a new landlord if they do not want to?
(yes, they must sign a tenant acknowledgment if asked but not a new Lease?)
also, do you include a comment like "The tenant commits to renting the unit for 1 year. " in a new Lease with an existing tenant who was "month to month" prior to your purchase? I understand it is usually "month to month" if they stay afte the first year Lease.)
THANKS.

 

[invst4profit]

I would not agree to have a tenant pay by-monthly simply because it is not clearly stated in the RTA.
The fact is regardless of what language you include in a lease the LTB will only enforce what is included in there guidelines. If things go bad the board could accept the argument that the $425 paid at the first of the month is the total rent owed. This may never happen but with the tenant on EI if it runs out anything is possible. Good tenants, bad tenants doesn`t matter you must treat them all the same.
As far as month to month is concerned it is automatic and unless agreed to by tenant remains that way. They are not required to sign a new lease or agreement of any kind.
Under the RTA whether they are month to month or on a one year lease the conditions for both tenant and LL are almost identical. In Ontario it is not necessary or of any advantage to have a yearly lease after the first year (no more security for either side).

 

[Nir]

Thanks Greg!

 

[Nir]

Greg, just wanted to let you know I also consulted with landlord self help and they say semimonthly should not be a problem(!) you just treat such a tenant, legally, as if he/she is on a monthly contract with regards to notices (N4) etc. since I do believe the tenant is a honest about it and been a good tenant I will just agree and take the "risk". obviously, will have her sign a new tenant acknowledgment confirming the semimonthly payments. My approach is don`t waste your energy/fight about little things. leave it for the bigger things, when you really need it. Thanks, Neil

 

[invst4profit]

My approach is don`t waste your energy/fight about little things. leave it for the bigger things, when you really need it. Thanks, Neil



I agree except where it may involve the LTB. Not worth the risk considering adjudicators make arbitrary decisions.
Rather than wasting energy over tenants requests for special treatment I simply tell them sorry it is not our policy end of discussion. Making the rules consistent for every tenant eliminates the potential of little things developing into "bigger things".
Once you have a larger number of tenants you will see the value in consistency and in this example the savings in time and money of one less trip to the bank.