Hi, the tenancy agreement does not include garbage disposal for tenants but as a courtesy we've provided it. Few months ago - we got a verbal warning from the waste collection driver that we are not disposing the waste properly in their respective bins. Since the tenant alone lives in the suite (the main house is vacant and owner does not live in it yet), despite us giving written requests via e-mail the tenant still does not separate waste properly. Is it OK to stop providing the bins access to them to avoid a fine? They've explicitly said to us they will not pay a fine if it is incurred.
Second question - We intend to rent out the main house and the tenancy agreement addendum states they can park their vehicle as long as the main house is vacant. Now that it won't be - do we have to reduce rent? AFAIK, when seeing the RTB website you only have to reduce rent and give 1 full month notice if it is reducing a service otherwise provided - but this is explicitly stated that if its not vacant then tenant cannot park on driveway.
What do you mean by you’ve provided garbage disposal?
Do you put the tenant’s garbage in the bins for them? Do you wheel the bins out to the alley?
You can’t deny them access to the bins, they’ll need to dispose of their garbage somehow. But if you can prove that they haven’t been sorting the garbage and that’s why the fine arose, you can pursue them for the costs.
However it’s best to not let it get to that point, and just figure out why the garbage isn’t being sorted correctly.
Regarding the parking you may or may not have to provide a rent reduction depending on how the addendum was worded. It’ll ultimately be up to you to come to a mutual agreement or let an arbitrator decide.
If it was obvious that the parking was a temporary courtesy only then it’s unlikely a rent reduction will be needed.
As shocking as it may be to you, there are lots of places that do not have municipal or city garbage. So it is perfectly normal to arrange for your own garbage disposal.
The bins to have them throw their waste.
They’re simply lazy - have ignored multiple texts and emails to tell them to go to city website to find out proper disposal and what goes in what bins.
The wording says exactly this - the tenant can park their vehicle on the driveway as long as the main home is unoccupied or vacant.
If we do not find suitable tenants then we will rent it out on AirBnb to cover the mortgage costs since selling it has been unsuccessful for a year + at a significantly lower market value as well.
Give them a print out of what can and can't go in the bins, and see if you can set up cameras above the bins to keep an eye on what's beeing thrown in there.
For the most party, the city is usually quite relaxed on enforcement, so for the city to send you a notice, your tenants must be throwing stuff in there that is very obviously wrong.
Ultimately, with tenants like these there's a good chance it'll end up with the RTB to decide the garbage fines and parking.