A concerned condo owner called me yesterday about an issue I also had to deal with. Illegal subletting by tenants trying to cash in on Air BnB & Kijiji & other websites and renting a room, the entire apartment, their terrace or even their living room couch to other people.
Most condo corporations have a rule that you may not rent your place for less than six months, which makes even short term rentals a problem for owners. However if the owner is doing short term rentals at least they have a financial interest in the place. The tenant renting their own place out doesn’t.
My tenant who was doing this did not give a second’s thought to the other nearby residents of the building when he booked a birthday party on his 1000 square foot terrace. He didn’t care when a girl came to the concierge desk requesting access because she thought her sister was being raped during another party. He couldn’t even bother turning over the keys himself to his clients preferring to let the concierge do that or he just left the door open. Another time security called me because “a friends” dog escaped the apartment and was roaming the halls. It also did its business in the hall while the concierge called around trying to figure out who owned the dog.
So you must act quickly to prevent the continuation of this kind of behavior, otherwise the condo corporation will begin to start sending you lawyer letters and they cost $500 each.
You would use an N-5 to document the times and dates and any ads you could pull off the internet. My owner from yesterday found 21 reviews online on her apartment since March. How many people didn’t bother to review? So this is something you’d want to print off as evidence.
You’ll have to work with the property manager of your condo to stop the behaviour. They don’t have to deal with your tenant, they have to deal with you and it’s your job to keep them informed of what steps you are taking, so that they are satisfied you are taking the necessary steps to deal with your tenant problem.
Condominium Act Trumps Residential Tenancies Act
Being a landlord is one of the most legislated businesses ever and rules that could never be enforced as a residential landlord, can be enforced as a condominium. As a landlord, it’s not fun when those acts collide because there you are in the middle between a rock and a hard place. This is one of those times when using a professional manager can really pay off.