LANDLORD GUIDEBOOK www.turnkeypropertyrentals.com
14B HARBOUR ST. TORONTO, ON M5J 2Y4 OFFICE: 647.259.8806 | FAX: 416.866.8806 info.turnkeymanagement@gmail.com www.turnkeypropertyrentals.com
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TABLE OF CONTENTS Who We Are..............................................................................................................03 The Listing Process.................................................................................................04 Property Management By TKM..............................................................................06 How We Find the Perfect Tenant............................................................................07 Owner Responsibilities............................................................................................09 Taxes (Non-Resident/Resident)..............................................................................10 Non-Resident Info....................................................................................................11 FAQs - Rights and Responsibilities.........................................................................12 FAQs - Ending a Tenancy.........................................................................................16 Resource Center.......................................................................................................19
Who We Are We are a team of Real Estate Professionals who thoroughly understand the complexities of investment and management in the condo market. With a portfolio of over 500 units, we manage some of Toronto’s most exclusive and desirable properties. Since 2002, we have hand crafted one of the city’s finest management programs, ensuring our clients get the most out of their investment at an affordable rate.
Our Objectives NO VACANCIES We have a historic vacancy rate of less than 0 5% With our high volume of property transactions and team of active real estate professionals, we have the most up to date market knowledge and the resources to ensure that no steps are missed in keeping your unit occupied.
EASY & EFFICIENT When you work with us you literally push the «Easy Button» we will be your primary point of contact so you never have to hear from your tenant again All communication will go through our team. From leasing to managing your suite we have refined our systems to maximize efficiency. Simple and efficient is a goal our team strives to achieve in everything we do.
FIDUCIARY DUTY Dictionary.com defines fiduciary as «a person to whom property or power is entrusted for the benefit of another». In other words we ALWAYS put our clients interests first at all times. Our ultimate measure of success is your success. We treat your investment as our own so we have the most stringent screening processes to find the ideal tenant for your property.
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The Leasing Process 1 - PREPARATION Before placing your suite on the market, prepare your condo to the best of your ability. Minor repairs such as paint touch ups, freshening caulking and a deep clean will go a long way. Addressing the small issues ahead of time will make your unit more appealing to prospective tenants and attract a higher quality tenant. If you need help preparing your unit just let our property manager know and we can assist you with this process. 2 - PROPERTY AUTHORIZATION Be sure to notify the property management company for your building and your tenants that you are going to be listing your suite with Turn Key Property Management. Check with your property management that you have all the appropriate documents to do so. 3 - SCHEDULE A PROPERTY ASSESSMENT Contact Turn Key Management to receive a free rental evaluation and determine which service best fits your needs. Schedule a meeting with one of our team members to walk you through our program and to visit the property. 4 - PROPERTY ASSESSMENT One of our qualified team members will go through your property to assess the property and to determine the best rental listing price. They will also advise you on any additional items we can do to prepare your property. Please have an extra key ready for us so we can use it for showings. 5 - LISTING THE PROPERTY Turn Key Property Management will go through all of the necessary paperwork to officially list and/or manage your unit. We use the latest paperless technology to simplify this process so you can easily sign everything on your mobile phone or computer. Once everything is signed we will process all your paperwork to upload your listing onto the MLS system and other rental sites. We will also have a lockbox installed so agents can show your suite to prospective tenants.
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6 - OFFER When someone is interested in renting your suite, an offer will be drawn up and presented to you. You will have a period of time to review and either accept or decline. Our office will ensure to only present qualified tenants to you so it easy to make a decision. Our property manager will also go through the Offer with you to point out areas of concern and what to look out for. They will explain everything to you so you’re comfortable and aware of the components of the Offer before you sign. 7 - TENANT VERIFICATION Once you have ok’ed the tenant, we will perform our 12 step verification process on the prospect . We will do our due diligence on the tenant so they’re properly vetted and qualified prior to signing a lease. 8 - DEPOSIT AND PAYMENT Once the lease has been signed we will collect the deposit from the tenant. They will pay the first and last months rent as a deposit which will be held in our trust account until the closing date. We will also make a payment arrangements with the tenant for future rent and key deposits. 9 - CLOSING DAY On the closing day, our office will meet with the new tenant to exchange keys and receive any outstanding cheques or deposits. We will do an inspection to note any defects. A copy of the inspection report will be forwarded to you in your final closing package. 10 - CLOSING PACKAGE A copy all documentation pertaining to the lease will be mailed out to you once the property has closed. You will also receive a digital copy of everything so you can easily store it for your records. In addition, you will receive the balance of funds from the deposit that we collected from the tenant. Our head office will process this only after the deal has closes so you’ll receive this within 5-10 business days.
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Property Management By Turn Key Property Management OUR SERVICES Turn Key Property Management has developed a comprehensive management program that is not only competitive, but affordable. PROPERTY MANAGEMENT Price: 5% of Gross Rent Plus HST (Non-residents 6%) Includes : - 24 hour Emergency line for your tenants - Rent collection - Direct rental deposits into your account - Monthly accounting reports - Discounted insurance premiums - Physical office location in the Toronto downtowncore - Maintenance coordination and follow up - Move-in/ Move-out inspections - Lease renewals - Compliance issues - Tenant inquires/requests - Access to paralegal - 5 additional affiliate offices throughout Toronto LEASING SERVICE Price: 1 Month’s Rent Plus HST - Maximum exposure of your property to quality tenants through our networks - MLS listing with exposure to over 48,000 real estate agents - In house marketing - Detailed tenant screening - Window displays in high traffic office location
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How We Find The Perfect Tenant ? 12 STEPS PROCESS
Credit Report Review Review of late payments and outstanding debt
STEP 01 Employment Letter STEP 02
HR Department Verification Confirm tenant’s employment and income stated on letter.
STEP 03
STEP 04 Online Verification Verification through various social media sites.
Confirm that the tenant is currently employed and verify income.
Pay Stubs We verify income stated and tenure at current job.
STEP 05 Interview STEP 06
Request for personal interview of tenant where deemed necessary.
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How We Find The Perfect Tenant ? 12 STEPS PROCESS
Rental Application Secure all of tenant’s personal information, personal references, etc
STEP 07 Tenant Insurance STEP 08
References Call previous landlord for reference checks.
Confirm that the tenant is currently employed and verify income.
STEP 09 Tenant Ownership STEP 10
Property Condition Checklist Provided to tenant on key hand over to ensure any existing issues or damaged are noted.
Verification of ownership of any other property the tenant may own.
STEP 11
STEP 12
Comprehensive Lease Agreement Detailed lease agreement to protect your rights in the event of a dispute.
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Owner Responsibilities While Turn Key Property Management is managing your property, there are four areas in which you as the homeowner are responsible. MONTHLY FEES These are generally paid by direct debit from your bank account to the property management. If you are setting this up for the first time we will provide assistance if required. PROPERTY TAXES We highly recommend that you apply for the Pre-Authorized Tax Payment (PTP) Program through the City of Toronto so that your payments are automatically withdrawn from your accounts. We recommend that you go with the 11 months installment plan to help with cashflow. LANDLORD INSURANCE This is separate from the insurance that is paid to the Condo Corporation through your maintenance fees. This covers you for loss of rent, liability and other assorted claims. It is inexpensive (generally around $20 per month). You will be able to take advantage of our group rate discount if you are on our fully managed services. PERSONAL INCOME TAXES All rental income is taxable. All expenses including our fees are tax deductible. You only pay tax on your NET income. For any tax related questions please consult with your accountant directly.
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Taxes Turn Key Property Management prides itself on empowering our clients with all of the necessary knowledge prior to leasing out their unit. Working with your accountant to determine the tax implications you may face is a very important step. Determining if you are non-resident vs resident can have a major impact on your monthly cashflow. NON-RESIDENT The Canada Revenue Agency, classifies persons that normally, customarily or routinely live in another country NOT to be residents of Canada. This includes people who do not have significant residential ties in Canada, live outside Canada throughout the tax year, or stay in Canada for less than 183 days in the tax year. If you are deemed as a non resident, we are required to hold back 25% of gross monthly rent and remit it to the CRA. There are ways to minimize this hold back, so either check with a professional accountant or a TKM agent and see how we can help. RESIDENT OF CANADA Income and expense tracking can become tedious without a proper organizational system. At TKM, we provide all of our customers with monthly statements, ensuring that you are aware of how your rental income is being allocated. Detailed reports come with income and expenses so you will be able to track your finances easily. Many of our clients open a separate bank account for their rental properties to keep transactions more organized, and separate from personal expenses. Expenses such as mortgage interest, leasing, managing fees and maintenance are all taxable deductible items, so be sure to consult your accountant for a broader list of taxable items and advice.
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Non-Resident Information At Turn Key Property Management, we have a diversity of clients, which include non-residents of Canada. If you are currently living outside of the country and require a qualified property management company to look after your Canadian investment portfolio, we are glad to help. Our skilled team will guide you through the complexities surrounding the tax implications for your property at an affordable rate of only 6% per month (plus HST).
IF I AM A NON-RESIDENT, WHAT ARE THE TAX IMPLICATIONS? If you are deemed a non resident, we are required to hold back 25% of gross monthly rent and remit it to the CRA. There are ways to minimize this hold back, so either check with a professional accountant or a TKM agent and see how we can help. MANAGEMENT SERVICES Living out of the country can managing your condo difficult. We provide the following services to assist you while you are abroad. • 24 Hours maintenance line for your tenants • Diligent rental collections • Direct rental deposits into your account • Monthly accounting reports • Complete condominium insurance • Maintenance coordination and follow up • Move-in/ Move-out inspections • Lease renewals • Compliance issues • Tenant inquires/requests • Access to paralegal • Non-resident tax filing • Non-resident agent representation For additional Non-Resident tax implications visit our website. www.turnkeypropertyrentals.com/tax-implications-for-non-residents/
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Rights and Responsibilities - FAQ MAINTENANCE & REPAIRS 1. Who is responsible for maintaining the unit? A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. This applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement. The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it. The tenant is responsible for the repair of undue damage to the rental unit or residential complex caused by the wilful or negligent conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant. 2. Can a tenant withhold rent because their landlord isn’t properly maintaining their building or unit? No. If the tenant withholds rent, the landlord can give the tenant a notice of termination for non-payment of rent and then file an application to evict the tenant. There are other options for dealing with maintenance issues.
3. What should a tenant do if repairs are needed to their building or unit? A tenant should first contact the property manager and/or concierge for the building to see if the repair can be done through the building. If the building can’t repair the issue the tenant should communicate this in writing to the landlord or landlord’s representative. If the landlord refuses to handle the repairs in a timely manner the tenant can take the landlord to the Landlord Tenancy Board for resolution. 4. Does a landlord have to renovate a rental unit before a new tenant moves in? Or, renovate it after the tenant has lived there for many years? No, the landlord is not required by law to ‘update’ a rental unit with renovations when a tenant moves in, or after a tenant has lived there for a certain number of years . However, the landlord is responsible for maintaining a residential complex and its rental units in “a good state of repair and fit for habitation”. The landlord must also comply with any health, safety, housing and maintenance standards that apply to their property. For example, if the carpeting is unsafe due to a tear potentially resulting in a fall, the landlord may have to replace or repair it, regardless of when it was installed.
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Rights and Responsibilities - FAQ ENTERING THE TENANT’S UNIT 1. Can a landlord enter a tenant’s unit? The Residential Tenancies Act allows a landlord to enter a tenant’s unit only under specific circumstances. In most cases, the landlord must provide the tenant with 24 hours written notice, stating when they will enter and the reason . There are certain exceptions however, such as emergencies, or if the tenant approves the landlords entry. 2. Can a tenant refuse to let the landlord into the unit? If the landlord enters the tenant’s unit in accordance with the Act, the tenant cannot refuse. 3. What can happen if a landlord enters a unit illegally? If a landlord enters a tenant’s unit illegally, the tenant can file an application with the Board. If the Board finds that the landlord has entered the unit illegally, there are a number of actions that the Board may take . For example, the tenant may receive
RENT 1. How is a rental rate determined? When a rental unit is vacant, the landlord and potential tenant negotiate a rental rate and what services are included in that rate. Once the tenancy begins, all of the rules in the Residential Tenancies Act apply.
an abatement of rent, or the landlord may be ordered to pay a fine. The final decision will be determined by the representative at the Board. 4. Can a tenant change the locks? A tenant cannot change the locks unless the landlord agrees. Also, the tenant cannot add locks that might stop a landlord from entering the unit. If the tenant does change the lock, a copy of the key must be given to the landlord immediately. 5. Can the landlord change the locks? A landlord can change the locks while the tenant is living in the unit as long as they provide a new key to the tenant. NOTE: Once a tenant has been evicted from the unit, the landlord can change the locks, even if the tenant has left their property in the unit. In this scenario, the landlord does not have to provide a new key to the tenant.
2. Does a landlord have to notify a tenant of a rent increase? Yes. In order for a landlord to increase the rent, the landlord must provide a written notice to increase the rent at least 90 days prior to the day the rent increase is to start. The notice must tell the tenant how much the new rent will be and when it commences. Landlord Guidebook - TurnKey Property Manangement - 13
Rights and Responsibilities - FAQ If the tenant does not want to pay the higher rent they can request a hearing at the Board or move out of the unit provided they give proper notice. 3. Does a landlord have to give rent receipts? Yes, provided the tenant asks for them. The Act requires a landlord to provide rent receipts, free of charge, to a tenant when the tenant asks for them . A tenant can ask for a receipt for any payment or deposit, including a payment for rent arrears . It is an offence for a landlord to fail to provide a rent receipt when one is requested by a tenant . This rule also applies to a former
tenant, as long as the former tenant makes their request within one year of the tenancy being terminated. 4. If a tenant is late with their rent, what can the landlord do? The landlord can serve the tenant a Notice to End a Tenancy Early for Non-payment of Rent (Form N4). This notice gives a monthly rental tenant 14 days to pay the amount due or to move out. If the rent is not paid, and the tenant does not move, the landlord can make an application to the Board for payment of the outstanding rent and an eviction notice.
RENT DEPOSIT AND OTHER CHARGES 1. Can a landlord charge a deposit or a fee to rent a unit? Yes, a landlord can collect a rent deposit if it is requested on or before the day that the landlord and tenant enter into the tenancy agreement. The rent deposit cannot exceed one month’s rent or the rent for one rental period, whichever is less . For example, if rent payments are made weekly, the deposit cannot be more than one week’s rent; if rent payments are made monthly or bi-monthly, the deposit cannot be more than one month’s rent. The rent deposit must be used for the last months’ rent of the tenancy. It cannot be used for anything else, like paying for damages.
2. Can a landlord collect additional deposits on rent increases? If the rent increases after a tenant has paid a rent deposit, the landlord can require the tenant to pay an additional amount towards the rent deposit equivalent to the new rent. If a tenant gives notice that they want to move and the landlord has not previously asked the tenant to top up the rent deposit, the landlord can require the tenant to pay an additional amount towards the last month’s deposit equivalent to the new rent. 3. Does a landlord have to pay interest if a rent deposit is collected? Yes, the landlord must pay the tenant interest on the rent deposit every 12 months. Landlord Guidebook - TurnKey Property Manangement - 14
Rights and Responsibilities - FAQ The amount of interest that a landlord must pay is the same as the rent increase guideline that is in effect when the interest payment is due . The guideline is set each year by the Ministry of Municipal Affairs and Housing. Information about this year’s rent increase guideline can be found on our website . Note: Landlords may deduct the amount needed to update the rent deposit (so that it equals the current rent) from the interest that is owed to the tenant.
however, the charge cannot be more than the actual cost for the landlord to obtain the additional keys.
If the landlord does not pay the interest owed to the tenant when it is due, the tenant can: • Deduct the interest from a future rent payment, or • File a Tenant Application for a Rebate (Form T1) with the Board.
7. Can the landlord charge the tenant a damage deposit? No. A landlord cannot collect a damage deposit covering potential damage to the unit. Also, a landlord cannot use the last month’s rent deposit to cover damages to the unit. If the landlord finds that a tenant has damaged the unit, or has caused damage to the building, the landlord can serve the tenant a notice to pay for the damages. If they do not, the landlord can apply to the Board to determine a course of retribution.
4. Can a landlord ask for a deposit for keys? Yes, but only if: • The deposit is refundable and, • The amount of the deposit is not more than the expected cost of replacing the key(s) if they are not returned to the landlord. The landlord must give the deposit back when the tenant turns in their key(s) at the end of their tenancy . 5. Can the landlord charge for additional or replacement keys? The landlord can charge a tenant for additional keys that the tenant requests (for example, if the tenant wants an extra key or if the tenant has lost their key),
6. If the landlord changes the locks, can the landlord charge the tenant for the new keys? A tenant does not have to pay for new keys when the landlord decides to replace the lock with a new one, but the landlord may ask for a refundable key deposit for the new keys.
8. Can a landlord charge a fee if a tenant’s rent cheque is returned NSF? A landlord can ask the tenant to pay for the charges the landlord has incurred by the bank, plus an administrative charge of up to $20 .00. If the tenant refuses to pay the landlord can file an application with the Board for this payment in addition to the late rent.
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Ending a Tenancy - FAQ HOW CAN A TENANT END A TENANCY? 1. How much notice does a tenant have to give if they want to move out? When a tenant decides to move, they must provide a written notice of termination to the landlord. The tenant must provide at least 60 days notice before the next payment day. If there is a lease with more than 60 days remaining it will be the last day of the lease term. For example, if it’s a monthly tenancy that begins on the first day of each month and the tenant gives the landlord notice on June 15th, the termination date would be August 31st. 2. Can a tenant break a lease? Breaking a lease means that a tenant wants to leave their unit before the end of their tenancy term. For example, a tenant who signed a one year lease might want to leave their unit in the eighth month. A tenant and landlord can mutually agree to break a lease. If the landlord is not willing to break the lease, the tenant has the right to sublease the unit to a new tenant with the landlord’s consent.
the unit prior to the end of the tenancy. The person who moves in is known as a subtenant. They are responsible to pay the rent to the original tenant who then pays the landlord. A landlord cannot unreasonably refuse the tenant to sublet the unit. 4. What happens if a tenant assigns or sublets their unit without the landlord’s consent? If a tenant assigns or sublets their unit without their landlord’s consent, it is an unauthorized assignment or sublet. A landlord can file an application with the Board to evict both the tenant and the unauthorized occupant. However, if the landlord does not file the application within 60 days of discovering the unauthorized occupant, the unauthorized occupant will become a tenant.
3. What is the difference between assigning and subletting a unit? Assigning a unit means that the tenant moves out of the unit permanently and transfers their tenancy to the new tenant. All the terms of the original rental agreement stay the same. Subletting a unit means that the tenant moves out of their unit for a specific period of time with the intent of moving back into Landlord Guidebook - TurnKey Property Manangement - 16
Ending a Tenancy - FAQ HOW CAN A LANDLORD EVINCT A TENANCY? 1. What is the process for evicting a tenant? Before a landlord can apply to the Board to evict the tenant, they must first serve the tenant a Notice of Termination informing the tenant the reason for eviction. For some termination notices, the landlord must wait a specific number of days to see if the tenant corrects the problem prior to filing the application with the Board. The number of days the tenant has to correct the problem is set out in the notice. If the tenant does not correct the problem and/ or does not move out, the landlord can file an application with the Board; in most situations a hearing will be scheduled. At the hearing, the parties appear in front of a representative of the Board. The representative will make a decision after listening to each party. The tenant will then have to vacate by a specific date. If the tenant doesn’t move out, the landlord can file this order with the Court Enforcement Office. Only the Sheriff can evict a tenant as directed by an eviction order issued by the Board. 2. Can a tenant be evicted without a hearing? Yes, for some types of applications an ex part order can be issued without holding a hearing. 3. For what reasons can a landlord legally evict a tenant when things go wrong? In the scenarios of non-payment of rent, interfering with others, damaging the property, overcrowding, illegal activities,
and dangerous behaviour, the landlord can evict the tenant prior to the end of the lease. In the scenario where the tenant persistently pays the rent late the landlord will have to wait until the end of the lease term. In all the above cases you will have to file with the Board to obtain an eviction notice. 4. Can a tenant be evicted for having a roommate? No, a tenant cannot be evicted for having a roommate. However, a tenant may be evicted if the roommate is causing a problem for the landlord or for other tenants. For example, if the roommate is making a lot of noise, damaging the unit or overcrowding, the landlord can serve a notice of termination and apply to evict the tenant and any other occupants of the unit. 5. Can a tenant be evicted if the landlord wants to use the unit themselves? Yes, a tenant can be evicted if a landlord «in good faith» requires the unit for: their own use, the use of an immediate family member, or the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex. Once the landlord serves the tenant a notice terminating the tenancy for this reason, they can apply to the Board for an order evicting the tenant. Landlord Guidebook - TurnKey Property Manangement - 17
Ending a Tenancy - FAQ However, a tenant can be evicted at the end of their tenancy, and only if the Board issues an eviction order. In addition, the landlord must compensate the tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant. 6. Can a tenant be evicted if the landlord sells the property and the purchaser wants to move in? Yes, but only if the rental complex has three or fewer residential units. A tenant can be evicted if a landlord has agreed to sell the rental property, and the purchaser requires the rental unit for: • Their own use • The use of an immediate family member or • The use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex. In this scenario the landlord does NOT have to pay the one month compensation.
7. What can a tenant do if the landlord gives them a Notice of Termination? The tenant should first read the notice to see why and when the landlord is asking them to leave. They may wish to talk to their landlord about the notice and see if the issue can be resolved. If the issue isn’t worked out, the tenant can: • Talk to their landlord about the notice and correct the problem as outlined in the notice or; • Vacate the unit as requested by the landlord; or • Stay in the unit & see if the landlord files an application against them with the Board. If an application is filed, the tenant can go to the hearing to argue their case.
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Ressource Centre RESOURCES FOR LANDLORDS • Application to evict a tenant for non-payment of rent and to collect rent the tenant owes (Form L1) • Application to End a Tenancy and Evict a Tenant (Form L2) • Application to collect rent the tenant owes (Form L9) • Application about a Sublet or an Assignment (Form A2) NOTICES OF TERMINATION • Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex (Form N7) • Notice to End your Tenancy at the End of the Term • Tenant’s Notice to Terminate the Tenancy (Form N9) • Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit (Form N12) USEFUL LINKS • Ontario Landlord and Tenant Board http://www.sjto.gov.on.ca/ltb/ • Notices of Termination Forms http://www.sjto.gov.on.ca/ltb/forms/ • Toronto Waste Disposal Guides for apt/condos www.toronto.ca/garbage/publications.htm • Ontario Municipal Affairs & Housing www.mah.gov.on.ca • Equifax Credit Report with Score www.consumer.equifax.ca/home/en_ca
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TURN KEY TURN KEY PROPERTY MANAGEMENT PROPERTY MANAGEMENT 14B Harbour St Toronto, ON M5JST. 2Y4 14B HARBOUR (at the South East Corner of Lakeshore Blvd and Bay St) TORONTO, ON M5J 2Y4 (at the South East Corner of Lakeshore Blvd and Bay St)
Office: 647.259.8806 | Fax: 416.866.8806 OFFICE: 647.259.8806 | FAX: 416.866.8806 info.turnkeymanagement@gmail.com info.turnkeymanagement@gmail.com www.turnkeypropertyrentals.com www.turnkeypropertyrentals.com