Using Social Media To Locate Deadbeat Tenants

[oneh2obabe]

Division 4 � During a Tenancy
Rules about payment and non-payment of rent

26 (1) A tenant must pay rent when it is due under the tenancy agreement, whether or not the landlord complies with this Act, the regulations or the tenancy agreement, unless the tenant has a right under this Act to deduct all or a portion of the rent.

(2) A landlord must provide a tenant with a receipt for rent paid in cash.

(3) Whether or not a tenant pays rent in accordance with the tenancy agreement, a landlord must not

(a) seize any personal property of the tenant, or

(b) prevent or interfere with the tenant's access to the tenant's personal property.

(4) Subsection (3) (a) does not apply if

(a) the landlord has a court order authorizing the action, or

(b) the tenant has abandoned the rental unit and the landlord complies with the regulations.

http://www.housing.gov.bc.ca/rtb/bc_law ... #section26

[1669]

There is nothing illegal in paying rent in cash and landlord must provide a receipt for same. However, when postdated cheques are included as part of the lease terms, the tenant must provide them, but the landlord need not deposit them if the tenant pays in cash by the due date.

[1669]

The landlord has every legal right to include postdated cheques as a lease term. Any professional landlord, small or large, is going to want your bank account and SIN #'s. If the tenant doesn't like it they can always rent somewhere else.

Of course the tenant can search for and likely find an incompetent unprofessional landlord who will accept any sob story and rent w/o post dated cheques, SIN, or background check. That's how they get away with wrecking properties.

[WhatThe]

Post dated cheques may be part of a rental agreement, but there is no law (that you suggest) that stipulates "must provide post dated cheques". Again, you are mistaken, and providing false information. another reason why providing certain sensitive information is not warranted. You can ask but I won't necessarily tell, and to me speaks more of the landlord than the tenant. I'm not some "wet behind the ears" naive kid and understand my rights well as a tenant (I state a damn good tenant as well. Pay rent on time and respect the property; commercial and residential ) but I've had my fair share of landlords that are over bearing and obnoxious that feel their "risk" is above my rights to privacy and obligation.

You may do as you wish with regards to your property, however, as you said to turn it around, always happy to pass on this type of landlord.
With due respect.

[WhatThe]

In regard to bank account number - the landlord can have that when they receive the cheques as that information is included in the numerical coding on the bottom of the cheques, however, a smart tenant won't provide that Information on an application with a sin # and drivers license # as those are the primary means for identity theft. Any smart and professional tenant would not disclose that info on an application, and to expect that as a means of acceptance or rejection IMO is naive and unprofessional.

[1669]

In regard to bank account number - the landlord can have that when they receive the cheques as that information is included in the numerical coding on the bottom of the cheques, however, a smart tenant won't provide that Information on an application with a sin # and drivers license # as those are the primary means for identity theft. Any smart and professional tenant would not disclose that info on an application, and to expect that as a means of acceptance or rejection IMO is naive and unprofessional.

I have been renting out property for over 30 years now and own more than just a few. I have no problem getting the info I require to verify an application. It is actually very rare now for an applicant to refuse to fully complete the application.
Any application received that does not have all of the info I require to approve a tenant goes straight into the shredder. No problem, I have many applicants to choose from, and I rarely have a vacancy for very long.

Why bother with applicants that seem to have something to hide and are uncooperative. I'm not out to steal your identity, and once you meet me and see my properties this is very obvious. My goal is to protect my investment and the peace and quiet enjoyment of my other tenants and neighbors, with a very thorough screening process. Like all good landlords should.

I provide clean, well maintained, upscale housing in great neighborhoods. Many of my current tenants have been with me for years, and they are hardworking people with families who do not want deadbeat bums, druggies, and partiers as neighbors. They went through the same approval process, and appreciate that I am very carefull who I rent to.

[1669]

Post dated cheques may be part of a rental agreement, but there is no law (that you suggest) that stipulates "must provide post dated cheques". Again, you are mistaken, and providing false information. another reason why providing certain sensitive information is not warranted. You can ask but I won't necessarily tell, and to me speaks more of the landlord than the tenant. I'm not some "wet behind the ears" naive kid and understand my rights well as a tenant (I state a damn good tenant as well. Pay rent on time and respect the property; commercial and residential ) but I've had my fair share of landlords that are over bearing and obnoxious that feel their "risk" is above my rights to privacy and obligation.

You may do as you wish with regards to your property, however, as you said to turn it around, always happy to pass on this type of landlord.
With due respect.

A rental agreement is covered by the RTA, but also by basic contract law.With all due respect, the law is that if a landlord requires the tenant to provide bank info and post dated cheques, and they want to gain possession of that property, then they will have to provide that info. If they don't, the landlord will just shred the application. If they won't provide post dated cheques, I don't provide keys.

You sound like an excellent tenant, but I prefer to leave such an expensive investment vacant than take any chance at all on a tenant who protests about his privacy rights. You are as entitled to your rights as I am to mine, but yes, I do place my risk above anything else. You can't even rent a car or movie w/o a driver's licence, so why do some people expect to be handed the keys to a house w/o any documentation.

[1669]

Post dated cheques may be part of a rental agreement, but there is no law (that you suggest) that stipulates "must provide post dated cheques". Again, you are mistaken, and providing false information.

To clarify, not all laws are codified, ie written down in every piece of legislation. If a piece of legislation does not prohibit a specific contractual term, than the common law (case law) prevails. Currently, the RTA law does not prohibit asking for documentation such as a driver's licence or SIN card, and requiring post dated cheques. This means that it is the common law that a landlord has every legal right to demand them before giving you the keys.

You have every legal right to refuse and rent from an unprofessional landlord with lower standards who does not properly screen his tenants, but don't be surprised when he rents the place next door to you to the tenants from hell.

[oneh2obabe]

Currently, the RTA law does not prohibit asking for documentation such as a driver's licence or SIN card, and requiring post dated cheques. This means that it is the common law that a landlord has every legal right to demand them before giving you the keys.

You don't have the legal right to demand a SIN.

You don’t have to provide your Social Insurance Number or show your card to:
•prove your identity (except for specific government programs);
•fill out a job application (before you get the job);
•complete an application to rent a property or negotiate a lease with a landlord;
•fill out a credit card application;
•cash a cheque;
•apply for a video-club membership;
•complete certain banking transactions (e.g., mortgage, line of credit, loan);
•fill out a medical questionnaire;
•rent a car;
•subscribe to a long-distance or cellular telephone service; and
•apply to a university or college, unless you are applying for a government scholarship

http://www.servicecanada.gc.ca/eng/abou ... _mar08.pdf

Your SIN is a confidential number that is restricted to income reporting purposes. There are a select and limited number of federal government departments and programs specifically authorized to collect the SIN. See list below.
http://www.priv.gc.ca/resource/fs-fi/02_05_d_02_e.asp

[1669]

You don't have the legal right to demand a SIN.

You don’t have to provide your Social Insurance Number or show your card to:
•prove your identity (except for specific government programs);
•fill out a job application (before you get the job);
•complete an application to rent a property or negotiate a lease with a landlord;



You need to read your above post again, bc you are reading into it something that isn't there. All it states is that a tenant does not have to provide a SIN. It does not state that a landlord is prohibited from asking for a SIN, or that a tenant is prohibited from providing a SIN. All it states is that a tenant does not have to give the SIN, which is what I have been saying all along.

No SIN= no keys.

[oneh2obabe]

You need to read your above post again, bc you are reading into it something that isn't there. All it states is that a tenant does not have to provide a SIN. It does not state that a landlord is prohibited from asking for a SIN, or that a tenant is prohibited from providing a SIN. All it states is that a tenant does not have to give the SIN, which is what I have been saying all along.
No SIN= no keys.

If you read both links, you'd know you aren't allowed to ask for a SIN for rental purposes. While you may request it, it doesn't have to be provided but it's up to you whether to rent a particular property to someone within their legal rights in refusing.

Your SIN is a confidential number that is restricted to income reporting purposes. There are a select and limited number of federal government departments and programs specifically authorized to collect the SIN. See list below.
http://www.priv.gc.ca/resource/fs-fi/02_05_d_02_e.asp

[1669]

If you read both links, you'd know you aren't allowed to ask for a SIN for rental purposes. While you may request it, it doesn't have to be provided but it's up to you whether to rent a particular property to someone within their legal rights in refusing.

Your SIN is a confidential number that is restricted to income reporting purposes. There are a select and limited number of federal government departments and programs specifically authorized to collect the SIN. See list below.
http://www.priv.gc.ca/resource/fs-fi/02_05_d_02_e.asp[/quote]


I am already familiar with the links. Here is a direct quote " Although only certain government departments and programs are authorized to collect and use the SIN, there is no legislation that prohibits organizations asking for it." I agree they have the right to refuse to prove a SIN, and I have the right to refuse to rent to any person.

[oneh2obabe]

I agree they have the right to refuse to prove a SIN, and I have the right to refuse to rent to any person.

Exactly but contrary to your previous post, there's no law that requires them to provide it.

With all due respect, the law is that if a landlord requires the tenant to provide bank info and SIN, and they want to gain possession of that property, then they will have to provide that info.

[1669]

Exactly but contrary to your previous post, there's no law that requires them to provide it.

With all due respect, the law is that if a landlord requires the tenant to provide bank info and SIN, and they want to gain possession of that property, then they will have to provide that info.

[/quote]


I have repeatedly said as far back as page 2, that a tenant does not have to provide a SIN, but I won't rent to anyone w/o it.

Sorry, a bit tired, what I meant to say was: With all due respect, the law is that if a landlord requires the tenant to provide bank info and post dated cheques, and they want to gain possession of that property, then they will have to provide that info.

[M trenn]

Mechanics have a mechanism referred to as a"mechanics lien" that has a procees that helps prevent people from ripping them off. Wouldn't it be nice if landlords had a simliar system, that is enforceable. Affordable housing coujld use an enforceable system.