Legal

June 3, 2025 Published by London and Area Chapter - By Yuliya Lappo

Managing Problematic Tenants in Condominiums: Engaging Property Owners

From the CCI Review 2024/2025-2 December 2024—February 2025 issue of the CCI London Chapter

Problematic tenants can disrupt condominium communities, impacting harmony and property management. Their failure to follow the Condominium Act, 1998 (the "Act"), and governing documents, along with neglect of property, creates tension and burdens property managers. To manage these issues effectively, involving property owners (landlords) in the management of their tenants is critical. Engaging them proactively can help prevent disputes and foster a harmonious, well-run community.

Practical Tips for Managing Tenants and Engaging Owners

In this article, I’ll share some practical strategies that can help condo property managers and Boards of Directors (the “Board”) reduce tenant-related disputes by keeping owners informed and engaged.

1) Enforcement of Section 83 of the Act: Submission of Lease Agreements and Tenant Information

It is essential to consistently enforce Section 83 of the Act, which mandates owners provide tenant information and lease terms. This ensures the corporation knows exactly who is living in each unit and what their obligations are. Having accurate, up-to-date tenant information allows property managers to address issues quickly without wasting time on the occupant's identification. This level of accountability strengthens the corporation’s oversight, ensures a well-managed community, and holds owners responsible for their tenants' conduct.

2) Insurance for the Owner’s Unit

Educating owners about the importance of insuring their units is another key step. While some condo corporations require owners to maintain unit insurance, this is not always the case. Many owners mistakenly believe that tenant insurance covers property damage, but in reality, tenant insurance typically protects personal belongings and provides liability coverage. It often does not extend to the building structure or fixtures. Without proper insurance, owners leave their units vulnerable to risks like fire, storms, or vandalism. Property managers and Boards should emphasize the need for owners to secure their own insurance for full protection.

3) Proactive Communication with Property Owners

Effective communication between the condo corporations and the property owners is essential for managing tenant issues. Here are some best practices for keeping owners engaged:

1. Ensure the corporation has the owner’s current contact information and regularly update the owners on their tenant’s behaviour by sharing detailed incident reports or notices of complaints.
2. When issuing violation notices, notify both the owner and tenant in writing. This ensures owners are aware of violations and can take corrective action.
3. Send separate notices to owners and tenants to avoid revealing sensitive information that may hinder tenant compliance. Always copy the owner on tenant notices so they can intervene early.
4. Request that owners update the corporation on any legal actions taken against their tenants, such as Landlord and Tenant Board applications or orders. This ensures the corporation stays informed, allowing it to cooperate with the owner and take timely steps to resolve tenant issues. 

While property managers already have a lot on their plate, educating owners does not have to add to the burden. Information about the requirements for tenant information submission and unit insurance can easily be included in welcome packages or flyers, ensuring owners are informed from the start. As for communication policies, while they may seem like extra work initially, once in place, they become second nature and can save significant time and resources by preventing small issues from escalating into costly disputes.

In conclusion, managing problematic tenants effectively requires a collaborative approach that engages both property managers and owners. By consistently enforcing Section 83 of the Act, emphasizing the need for unit insurance, and fostering open, proactive communication, condo corporations can reduce conflicts and create a more harmonious, well-functioning community. These tips are by no means exhaustive, but had these practices been in place, many of our clients could have saved both time and money.

For additional information on the condominium legal services provided by Common Ground Condo Law, visit their website here.

Yuliya Lappo is a lawyer with Common Ground Condo Law out of Toronto. She specializes in advising condominium corporations on governance, compliance and dispute resolution.

A graduate of Osgoode Hall Law School, Yuliya is committed to providing practical, client-focused solutions that address the unique challenges faced by condominium corporations.