Tenants & Landlords

Who is a tenant’s landlord: The owner or the condo? The owner of the unit is. The lease agreement is between the owner and the tenant. The relationship between landlords and tenants is still governed by the Residential Tenancy Act, 2006, in Ontario and a similar act in other provinces and territories.

However, within the building itself, the Condo Act has precedence and landlords are responsible to make sure that their tenants follow condo rules.

Are You a Tenant?

1. Ask the owner of your unit for a copy of the rules. Tenants follow the same rules and have the same rights as owners, such as access to all amenities.
2. Make sure that the manager registers you. In fact, the manager should receive a copy of your lease along with proof that you have personal insurance.
3. Yes, even tenants need insurance for personal possessions and liabilities. (Click here for Insurance)
4. Some condos have a rule that prevents leases that are less than 3 to 6 months.
5. The mailbox is for your exclusive use and not that of the landlord.
6. Disruptive tenants can be evicted after certain procedures have been followed.

In the unlikely event that an owner fails to pay his or her maintenance fees, a condo can apply for what is called a “notice of attornment.” The tenant and the owner would receive a copy and, as a result, the tenant would have to pay the part of his rent that will cover the condo fees. This notice provides details of what tenants should pay to the landlord and to the condo, respectively.  (Click here for Garnishing Tenants’ Rent & Power of Sale)

When an appliance breaks down, it is the landlord who is responsible for repairs, unless the tenant has an agreement with the landlord. But it’s not the condo that is responsible. A condo is different from an apartment building in many ways and this is one of the differences.

The sections on Insurance may be helpful. (Click here for Insurance) The section on common elements may also be of help. (Click here for Who Is Responsible for Maintenance, Repairs & Alterations?) As well, perhaps the section on common unit problems may come in handy one day. (Click here for FAQs About Your Building and Your Unit)

Are You a Landlord?

Then, you may want to read the above sections for tenants as well. Landlords are responsible for:

• providing a copy of the lease to the condo’s management office;
• having their tenants fill out an information form;
• providing tenants with a copy of the rules;
• making sure that tenants have keys and entry fobs.

If you own a parking space and/or a locker, the lease agreement should specify if you are renting these to your tenant. Some owners rent them to another resident instead. Just make sure that management is informed.

Some landlords keep the locker or the parking spot for themselves or friends. That’s perfectly acceptable provided you or your friends live in the same condo as your tenant. However, if you reside elsewhere, check out the condo’s declaration: Some condos do not allow non-residents to use residents’ parking and locker. This is generally done for reasons of security.  (Click here for What’s a Condo Declaration?)

As owners, landlords may find it useful to click here for: Condos’ Financial Structure; Owners’ Money Facts; Owners’ Rights and Responsibilities