# Need help with a question as a landlord



## balk (Dec 6, 2010)

Hey all,

I appreciate any help you might be able to give me on this subject. I am staying at my stepmom`s (always a fun time ) and she is a landlord for a triplex. One of her tenants handed her a lease transfer. Now I won`t bore you with the intricacies of Quebec law which, safe to say, always favour the tenant. 

My questions are: as landlords, what can you do to prove a potential tenant won`t be able to meet the obligations? And, what questions should we ask this potential tenant? 

So far, I have suggested she ask:
- Employer, contact info for the employer
- Current landlord contact info
- Date of birth
- Drivers liscence

What else should we ask.


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## Berubeland (Sep 6, 2009)

Pay stubs.

Credit check. 

For small landlords you can use tvs they don't charge an annual membership fee. 

Then you look at the information on the credit report and cross reference it with the information on the application. They should match somewhat.


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## Sampson (Apr 3, 2009)

Berubeland said:


> For small landlords you can use tvs


For a second I thought there was a new reality tv program where we could check tenants financial history


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## OhGreatGuru (May 24, 2009)

balk said:


> Hey all,
> 
> ...One of her tenants handed her a lease transfer. ...


You mean tenants can assign a lease in Quebec without landlord's approval?


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## balexis (Apr 4, 2009)

GreatGuru: Unfortunately for us landlords, yes.



> If the landlord refuses the person you have proposed, he must inform you and give you the reasons which must be serious.
> 
> For example, unacceptable behaviour by the person or his inability to pay could be serious justification for refusal.
> 
> So it is a good idea for you to do a complete reference check before proposing your “candidate ” !


http://www.rdl.gouv.qc.ca/en/publications/ceder.asp

OP: do all the same background check you would do on a brand new tenant. Current and previous landlord, current and previous job. There are associations in Quebec that can make sure the references for previous landlords are not the tenant's friend. Go to the Regie du logement and see if any complaints have been raised by/against the potential tenant. I have been a member of apq.org and their service is excellent and worth every peny.
Do not forget to charge the tenant any reasonnable costs incurred for the background check of the new tenant. Some management companies charge a fixed cost (~125$) in such a case.

You could also offer to break the lease and choose the new tenant by yourself. That might work and give you much more latitude.
HTH.


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## Berubeland (Sep 6, 2009)

In Ontario tenants can assign or sublet their apartment as well.


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## Elbyron (Apr 3, 2009)

In Alberta, tenants require the landlord's written permission to assign or sub-lease, but the landlord can only refuse on reasonable grounds and cannot charge a fee for giving consent. 
I would agree that it's fair to charge the tenant for your costs related to screening the new person, but you would have to be very careful that this fee does not get viewed as being in exchange for your consent. Perhaps Quebec's laws are worded differently so maybe you can go ahead and charge them whatever you want.

I would highly recommend the credit check, and make sure that the addresses listed on it match up with what they provided for their current and previous addresses. It doesn't tell you that the phone numbers for previous landlords are authentic, but if the applicant is going to lie and have a friend pretend to be their landlord, then they might have lied about the address too. I guess if you were really paranoid you could go knock on the door of the address on the credit check, and ask the current tenant there for the landlord's phone number.


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## balk (Dec 6, 2010)

Thanks for your help. The first person who they tried to assign the lease to was refused because he refused to provide pay stubs, submit to a credit check, etc. The tenant is now more less hostile in their approach to get out of their lease.


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## Berubeland (Sep 6, 2009)

Yeah who doesn't want a tenant who won't provide basic information? You should consider yourself lucky to get their name...


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