rental bylaw
Talkstrata » Forums » General Strata Q & ASubmitted by laviju on Tue, 03/11/2008 - 19:13.
When a new bylaw is passed limiting the number of rentals permitted, AND there is a tenant in place at the time the bylaw was passed, it is my understanding that the bylaw will "kick in" on the unit one year after (grace period) that tenant vacates. What happens if a second tenant takes over the rental immediately after or some time during that year? Can he rent the unit only for a limited time, i.e.only until the bylaw on that unit "kicks in" after the grace period expires? Or can he stay on to whenever it is mutually agreed upon between him and the landlord which could possibly be years? (There is no family member involved nor is a Rental Disclosure involved here)
Tue, 03/18/2008 - 07:17
I'm no legal eagle and can see where confusion may come in. So according to the Strata Property Act, if the tenant occupying the strata lot at the time the bylaw was passed is still occupying the strata lot, then the bylaw applies at the end of that tenant's tenancy plus one year. It doesn't sound like you could have a new tenant sign a new lease agreement that would extend beyond the date immunity from the bylaw expires, which has been determined by the end of tenancy date plus one year from the previous tenant that occupied the unit at the time the bylaw was passed. (eek...that was a mouthful) Well that's my take. Perhaps it's best to speak to your property manager for clarification?
Tue, 03/18/2008 - 17:05
Many thanks for your input - that's exactly my thought. I've searched out other websites and there was a similar example of a situation presented by a property manager whose bio said she had 18 years experience behind her and well-versed in the Strata Act - she was of the SAME opinion---the subsequent tenant can stay only until the expiry of the one year grace period My confusion lies in that one of our members did see a lawyer and if her interpretation of what the lawyer said is correct, then we are wrong. So I don't confuse you, here is exerpt from her e-mail: "She (lawyer) said if we pass the bylaw & there is a tenant in place, the new bylaw "grace period" starts to tick for 1 year after the date this current tenant moves out which we all agree on. So, Jane is living in unit 101 on the day the bylaw passes. Jane moves out on Mar 30, 2010. The one year grace period begins. The new bylaw will kick in effective Mar 30, 2011. If new tenant Bill moves in April 1, 2010 (or anytime within that one year period) and is still there on Mar 30, 2011, that is fine. He stays until he wants to leave( which could be years). As soon as Bill leaves, if the number of rentals permited is maxed out the owner cannot re-rent immediately, but may place his unit on a waiting list for a rental opening to come up." Seems to me this is the opposite to what the Strata Act says. Guess we'll have to double check with another lawyer as this could have significant consequences to some landlord/owners. We don't have a property manager (self-managed).
Mon, 04/28/2008 - 23:58
Finally got clarification from a well known and well respected lawyer specializing in strata stuff--basically if a tenant moves out within a year of the bylaw being adopted, the owner can rent for up to one further year only (the grace period) after that tenant moves out to a different tenant. A rental for any period longer than one year after the original tenant vacated would be a breach of the rental limit bylaw.
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Joined: 2008-03-11