Unkempt Apartment: What Can a Landlord Do?

Aug 7, 2024 | Satellite Insights

Insights for Owners and Tenants
This series provides valuable tips and insights for both property owners and tenants to enhance their living and management experiences.

As a property owner, ensuring that your rental units are well-maintained and clean is crucial for the safety and satisfaction of all tenants. However, not all tenants share the same standards of cleanliness, and this can sometimes lead to unkempt apartments that fall short of your expectations. This article explores what landlords can do when faced with such situations, providing practical steps and legal guidelines to address unkempt apartments effectively.

Hoarding Apartment

Understanding Different Cleanliness Standards

Firstly, it’s important to recognize that different people have varying perceptions of what constitutes “clean” or “ordinary cleanliness.” While one tenant’s living space might seem perfectly acceptable to them, it might appear messy or even dirty to another. As a landlord, balancing these differing standards while maintaining a clean and safe environment for all tenants is a delicate task.

Addressing Severe Issues

In extreme cases, such as hoarding, the issue transcends mere untidiness and poses significant safety hazards. Hoarding can be a direct violation of the fire code and is considered an illegal act under the Residential Tenancies Act (RTA). However, this article focuses on situations that fall short of such severe thresholds but still require attention.

Tenant Responsibilities Under the RTA

Section 33 of the RTA outlines tenants’ responsibilities for maintaining ordinary cleanliness in their rental units. When a unit falls below these cleanliness standards, it’s essential to address the issue promptly and professionally.

Initial Steps: Sending a Concern Letter

The first step in addressing an unkempt apartment is to send a letter to the tenant outlining your concerns. This letter should include:

  1. Description of the issue: Clearly state how the cleanliness issue was discovered and why it is a concern.
  2. Tenant obligations: Reference the tenant’s obligations under the lease agreement and Section 33 of the RTA.
  3. Action required: Specify that the unit needs to be returned to a state of ordinary cleanliness.
  4. Lease sections: Cite relevant sections of the lease that pertain to cleanliness and maintenance.
  5. Inspection date: Set a date for a re-inspection of the unit.
  6. Contact information: Ask the tenant to contact you if they have any issues or concerns regarding the letter.

This initial communication sets a clear expectation and provides the tenant with an opportunity to address the issue voluntarily.

The Duty to Accommodate

While tenants have a responsibility to maintain cleanliness, landlords also have a duty to accommodate tenants who may have legitimate reasons for struggling with this responsibility. This duty to accommodate is a two-way street. Landlords can offer community resources or arrange for professional cleaners, with the costs billed back to the tenant on a payment plan if necessary.

Follow-up Inspection

After the initial letter, conduct a follow-up inspection 30 to 60 days later. If the unit has improved, continue to monitor the situation to ensure it remains at an acceptable level of cleanliness. If there is no improvement, you may need to take further action.

Serving an N5 Notice

If the cleanliness issue persists, you can serve an N5 notice, giving the tenant seven days to correct the problem. If the tenant fails to comply within this period, you can proceed with filing an L2 application with the Landlord and Tenant Board (LTB).

Mediation or Hearing

At the LTB, there are two possible outcomes:

  1. Mediation: You might reach an agreement that preserves the tenancy, including monthly check-ins and any costs associated with cleaning.
  2. Hearing: If mediation fails, proceed to a hearing. Prepare by gathering recent pictures of the unit, letters sent to the tenant, inspection reports, pre-move-in pictures (if seeking damages), and testimonies from staff or third-party contractors who have visited the unit.

Dealing with unkempt apartments can be challenging, but by following these steps, landlords can address the issue effectively while complying with legal requirements and maintaining positive tenant relationships. Understanding different standards of cleanliness, addressing severe issues appropriately, and following the outlined procedures can help ensure that all rental units remain safe, clean, and habitable.