property management Archives - REM https://realestatemagazine.ca/tag/property-management/ Canada’s premier magazine for real estate professionals. Thu, 30 Oct 2025 23:41:10 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 https://realestatemagazine.ca/wp-content/uploads/2022/09/cropped-REM-Fav-32x32.png property management Archives - REM https://realestatemagazine.ca/tag/property-management/ 32 32 The Real Deal: Industry highlights for October 2025 https://realestatemagazine.ca/the-real-deal-industry-highlights-for-october-2025/ https://realestatemagazine.ca/the-real-deal-industry-highlights-for-october-2025/#respond Fri, 31 Oct 2025 09:03:48 +0000 https://realestatemagazine.ca/?p=40849 From major leadership shifts to exciting new brokerages and expansions, we're rounding up what’s new in Canadian real estate

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Each month, REM shares brokerage expansions and conversions, leadership appointments and other key industry moves. Have an announcement to share? Email your news to editor@realestatemagazine.ca by the 26th of each month, and don’t forget to include a photo!

Expansions, mergers and conversions

 

Sutton Group expands in the west

 

Real estate company Sutton Group is expanding its reach with two new offices.

This month, Sutton announced the grand opening of Sutton Beeline Calgary and Sutton Centre Kelowna.

The establishment of the new locations was strategic, says Sutton, as both Kelowna and Calgary offer “significant market opportunities for growth.” 

Sutton Beeline in Calgary is led by managing broker Zaeena Gul, while Sutton Centre Kelowna is co-led by managing brokers Emily Coates and John Skender. 

“The opening of Sutton Beeline Calgary and Sutton Centre Kelowna represents a significant step forward for Sutton,” said Beatrice Cosentini, vice-president of Sutton’s western region.

“In a market where there is increased demand for innovative solutions, this team exemplifies the forward-thinking vision and enthusiasm required to drive meaningful change in the market.”

 

Royal LePage welcomes Saskatchewan brokerage

 

Mark Zawerucha

 

Royal LePage is announcing the opening of Royal LePage Success Realty, based in Yorkton, Sask. 

The brokerage will serve clients in Yorkton, as well as surrounding communities including Melville, Springside, Saltcoats, Theodore, Good Spirit Lake and beyond. 

The new brokerage is led by Mark Zawerucha, formerly an associate broker with Re/Max, who brings nearly a decade of real estate experience to his new ownership role.

“In the short term, my goal is to establish Royal LePage Success Realty as a trusted name in Yorkton and surrounding areas,” said Zawerucha. “Long term, I want to grow a strong team of professionals who share my commitment to delivering outstanding service to clients.”

Executives Property Management and Century 21 Assurance Realty Ltd. join forces

 

Treena Piva

Property management company Executives Property Management (Formerly Real Property Management), which services Kelowna and the B.C. Interior, has merged with Century 21 Assurance Realty Ltd.

Treena Piva and Aaron Piva of Executives Property Management will continue their leadership as managing directors of property management.

Century 21 Assurance Realty is led by managing broker Kim Davies.

“Our mission has always been to serve with integrity, lead with purpose, and create value for both investors and residents,” said Treena Piva. “Together, we’re taking that promise to the next level – continuing our commitment to redefine and elevate the expectations of property management through strategic innovation, advanced technology, and next-level service.”

 

Corcoran Horizon Realty opens new Hamilton office

 

Corcoran Horizon Realty is deepening its roots in Ontario with the opening of its newest office in Hamilton. 

Heading up the office as broker/managing partner is Martinus Geleynse, who brings over 16 years of experience in real estate, marketing and community development to the role, according to a company statement. 

“Our new Hamilton office reflects our belief in the city’s resilience, diversity and unmatched character,” said Cliff Rego, CEO and broker of record for Corcoran Horizon. “Hamilton is a place of reinvention and grit, where heritage meets innovation. We’re proud to establish a presence in a city that’s not only steeped in history but also driving forward with creativity, entrepreneurship, and community spirit.”

Corcoran is already established in the markets of Kitchener, Cambridge, Port Severn and Toronto.

 

Odyssey Retail Advisors expands to Canada

 

Odyssey Retail Advisors, a premier real estate advisory firm, is expanding into the Canadian retail market with a footprint in Toronto.

Headquartered in New York, with offices in Miami, Chicago and Los Angeles, the firm advises luxury and contemporary retailers in expanding their presence worldwide and guides developers in creating upscale shopping destinations.

Joining Odyssey as part of the Canadian expansion are Casdin Parr, David Bishop and Ryan McCarthy as executive vice presidents, along with Lesia Czech as director.

Together, they bring decades of experience advising national and international retailers across the Canadian retail landscape, says a company statement.

“This is a pivotal step in Odyssey’s continued evolution as a global advisory platform,” said Rich Johnson, principal at Odyssey Retail Advisors.

“Casdin, David and Ryan are widely respected for their deep client relationships, market expertise, and strategic thinking. Their presence enhances our ability to support clients in one of the most important luxury markets in North
America.”

 

Important milestones

 

New HQ for Berkshire Hathaway HomeServices Québec

 

Berkshire Hathaway HomeServices Québec is celebrating the grand opening of its new headquarters in Montreal.

Located minutes from Royalmount, dubbed the largest private development underway in the province, the move marks a step forward for the brokerage, which established itself in Québec in 2020.

The 2,000-square-foot space, located in suite 290 of 5929 Trans-Canada Highway, is designed to have the look and feel of a penthouse condominium, rather than an office, according to a company statement.

The brokerage is led by founder and CEO Sacha Brosseau, who is planning to expand across the province. 

“We will grow with the right people, at the right pace,” he said in a statement. “We’ve witnessed what happens when large corporations prioritize spreadsheets over their brokers, and we are building a different kind of company—one where growth serves to strengthen and support every member of our organization.”

 

Engel & Völkers Ottawa signs up for another decade

 

Engel & Völkers Ottawa recently announced the renewal of its franchise agreement, marking a decade in Ottawa’s high-end real estate market and committing to another 10 years under license partners John King and Larry Mohr. 

Since 2016, Engel & Völkers Ottawa has expanded to four shops across the metropolitan region. 

The brokerage has become a major player in Ottawa’s luxury segment, representing 12 per cent of all properties sold over $1 million and a commanding six per cent of the overall market share, according to a company statement.

Their 150 advisors make up three per cent of the local real estate board. 

 

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The guide to profitable vacation rentals for agents and their clients https://realestatemagazine.ca/unlocking-profits-in-vacation-rentals-for-agents-and-their-clients/ https://realestatemagazine.ca/unlocking-profits-in-vacation-rentals-for-agents-and-their-clients/#respond Mon, 22 Sep 2025 09:02:29 +0000 https://realestatemagazine.ca/?p=40064 To guide clients wisely, Realtors should explain true ROI, highlight practical rental-ready details, and help buyers understand the realities of seasonal investment

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In the vacation rental world, a beautiful view and a fresh coat of paint aren’t enough to guarantee success. I have seen too many buyers jump into this market chasing glossy Instagram images, only to find the reality is much more complex.

If your clients are thinking about investing in a seasonal property, it’s time to pull back the curtain on what really drives a profitable, sustainable rental.

 

Understand the ROI to gain credibility with clients

 

The key is helping clients look beyond the listing price and projected nightly rate to see the full financial picture. Gross income numbers are easy to sell, but the net is what matters. As property managers, we walk investors through all the hidden costs – cleaning, maintenance, marketing, insurance, utilities, licensing, and seasonal fluctuations – so there are no surprises down the road. A property that looks like a cash cow on paper can quickly underperform if you skip this step.

Real estate agents equipping themselves with this knowledge can build immediate trust with their clients. When you can explain the difference between gross and net ROI, factor in occupancy dips during the shoulder seasons, and highlight overlooked expenses, you elevate yourself above agents who simply push the sale. It is not about being the “cheapest property,” it’s about guiding buyers toward the smartest long-term investment.

 

What makes a property ‘rental-ready’

 

Not every home is designed to deliver a five-star guest experience–and the market notices. 

We’ve learned that “rental-ready” means more than just furnished and functional. It’s about layout, amenities, local demand, accessibility, in-home features, and even the style of finishes. A home that photographs beautifully but lacks storage for guest gear, reliable Wi-Fi, easy check-in systems, or a lockable owner’s closet will lose repeat bookings. The best-performing rentals balance lifestyle appeal with practical functionality.

Realtors can train their eyes to notice things most buyers overlook: the number of bedrooms that fit seasonal demand, storage for ski/bike gear, quality of finishes that photograph well online, or even parking availability.

Real estate agents spotting these details at the showing stage make you invaluable to the client. By pointing out elements that either enhance or limit rental potential, you become more than a sales agent – you become a trusted advisor. A client who feels you’ve protected them from a poor rental decision is a client who refers you again and again.

 

Consider partnering with a property manager

 

Too often, Realtors focus on closing a sale and miss the opportunity to set their clients up for long-term success. A professional property management partner bridges the gap between the transaction and the day-to-day operation of a rental. 

This means owners step into a turnkey process – from marketing and bookings to guest services and maintenance – without the costly learning curve. For Realtors, it means delivering a higher level of service. You don’t just sell a property – you deliver a complete investment strategy. That strengthens client relationships, improves referral opportunities, and keeps you positioned as the first call when your client is ready for their next property.

 

The bottom line

 

When clients come to you looking for an investment property, be sure you let them know a seasonal rental can be a lucrative, lifestyle-enhancing investment – but only if you go in with eyes wide open. By understanding ROI, recognizing rental-ready features, and aligning early with the right property management partner, you set the stage for long-term profitability. 

 

 

 

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Why it’s time to require training for strata councils and boards https://realestatemagazine.ca/why-its-time-to-require-training-for-strata-and-councils-and-boards/ https://realestatemagazine.ca/why-its-time-to-require-training-for-strata-and-councils-and-boards/#comments Tue, 09 Sep 2025 09:03:51 +0000 https://realestatemagazine.ca/?p=39891 Strata councils oversee major budgets and resident wellbeing, making mandatory education essential for competent governance and sustainable housing communities

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In British Columbia, five million residents live in condominiums and other stratified housing. Recent municipal and provincial policies that push for densification will only increase that number. That means the dream of safe and secure homeownership in the province hinges on the strength of strata governance. 

B.C.’s strata councils – often known as condo boards in other parts of the country – are tasked with managing everything from budgets to bylaws. Despite that outsized responsibility, however, they operate without formal training. The result is a patchwork of management quality, rising disputes, and eroding trust in the very institutions meant to safeguard our homes.

 

Big responsibility, little preparation

 

As a government relations professional deeply engaged in housing policy, I’ve seen firsthand how the lack of strata literacy undermines community well-being. 

Not only do strata councils oversee the governance and operations of a corporation – which, in some cases, have budgets in the tens of millions – they also wield significant influence over residents’ daily lives. Still, many members step into these roles with little understanding of their legal obligations or best practices. 

From mismanaged budgets and delayed repairs to inconsistent bylaw enforcement and opaque decision-making, the consequences of untrained governance are far-reaching. The Civil Resolution Tribunal has repeatedly flagged these issues, revealing a troubling pattern of preventable conflicts and costly mistakes.

 

Call to policymakers

 

The current policy landscape, anchored by the province’s Strata Property Act and its accompanying regulations, provides a legal framework for strata governance but no guarantee of competence. While the Act outlines duties such as fee collection, property maintenance, and dispute resolution, it assumes council members already possess the skills to execute them. This assumption is no longer tenable.

That is why the B.C. Real Estate Association (BCREA) is calling for a legislative amendment to the Strata Property Act requiring all council members to complete a certified training program. Covering competencies such as financial management, property maintenance, insurance, tenancy law, document management, and meeting procedures, the program would establish a baseline of knowledge, empowering councils to serve their communities effectively and fairly. 

This isn’t just about education. It’s about equity, accountability, and the long-term sustainability of our housing system.

By equipping council members with foundational skills, the program would safeguard property values, ensure timely upkeep, reduce the frequency of tenancy disputes, and maintain the financial health of the corporation. Stronger governance fosters stronger relationships among residents, creating more engaged, harmonious communities.

Standardized education would also level the playing field across strata corporations, reducing inequities and ensuring all communities benefit from consistent, competent leadership. When residents feel their concerns are addressed fairly and their homes are well-managed, satisfaction rises, leading to healthier, more resilient neighbourhoods.

Even better, B.C. policymakers would have examples to draw from when creating the program. The Condominium Authority of Ontario already requires training for condo directors through 26 online modules covering governance, legal compliance, and building management. 

Closer to home, the Condominium Home Owners Association of B.C. already offers voluntary webinars on strata administration. 

We must build on these foundations, formalizing and expanding access to ensure every council member is prepared to lead.

In order for the program to reach its full potential, a strong regulatory framework is essential. This framework would accredit educational institutions, set quality benchmarks, and establish assessment processes to validate competence. 

Continuing education requirements would keep council members updated on evolving laws and governance standards, while oversight mechanisms would monitor compliance and enforce penalties. Together, these elements would create a structured, accountable system supporting effective governance provincewide.

It will also be important to maintain an explicit focus on accessibility, particularly to mitigate any concerns that the program could discourage strata council volunteer participation. This includes offering flexible online course formats, self-paced modules, and reasonable timelines for recertification. These features were instrumental in Ontario’s success and should be emphasized in B.C.’s rollout.  

To implement this program, BCREA proposes the creation of a dedicated branch within the Ministry of Housing to oversee training. This entity would maintain a registry of certified members, conduct audits, and provide support to councils navigating the new requirements.

Finally, the path to implementation must begin with consultation. Strata residents, property managers, legal experts, and advocacy groups must all be engaged to refine the proposal and build consensus. 

 

Bottom line

 

Mandatory strata education is not a bureaucratic burden. It’s a public good. It’s a missing pillar in housing policy not just in B.C. but in several other parts of the country – one that strengthens transparency, professionalism, and community resilience. As our cities densify and reliance on stratified housing grows, we must ensure those managing these communities are equipped for the task.

It’s time to move beyond reactive governance and toward a proactive, informed, and equitable system. The homes we live in, and the communities we build, deserve nothing less.

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Century 21 Canada announces property management platform partnership https://realestatemagazine.ca/century-21-canada-announces-property-management-platform-partnership/ https://realestatemagazine.ca/century-21-canada-announces-property-management-platform-partnership/#respond Thu, 24 Jul 2025 09:00:00 +0000 https://realestatemagazine.ca/?p=39276 The real estate company is rolling out a new platform with Propra, which it says will help its offices streamline property management services

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Century 21 Canada is announcing a new partnership with Propra, a Canadian-built property management software platform. 

Following an extensive review of potential providers, Propra was selected for its “modern, intuitive technology and deep understanding of the operational and regulatory requirements unique to Canadian property managers,” says Century 21. 

“Propra stood out as a forward-thinking partner with a proven ability to meet the complex needs of property managers in Canada,” said Todd Shyiak, executive vice president of Century 21 Canada.

“Their platform aligns with our vision to support our offices with tools that are powerful and easy to adopt and scale.”

As part of the agreement, Century 21 Canada offices will receive exclusive pricing. Offices using third-party rent collection tools may also realize cost savings through Propra’s integrated rent collection features.

The partnership will roll out over the coming months.

 

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Rental price collusion is illegal, Competition Bureau warns https://realestatemagazine.ca/rental-price-collusion-is-illegal-competition-bureau-warns/ https://realestatemagazine.ca/rental-price-collusion-is-illegal-competition-bureau-warns/#respond Tue, 15 Jul 2025 09:01:37 +0000 https://realestatemagazine.ca/?p=39115 Independent watchdog Competition Bureau Canada is reminding those with rental units they must be mindful of the law with discussing the market with competitors

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Competition Bureau Canada is warning landlords and property managers against working with competitors to set rental prices. 

“The Competition Bureau is aware that some landlords and property managers may be engaging with their competitors, including through discussion groups on social media,” said the independent regulator in a recent press release.

The statement says that while some discussions between competitors may be justified, others may be illegal. 

“Landlords and property managers must understand the difference between conversations that are harmless and conversations that they should steer clear from.”

 

What isn’t allowed

 

Agreements between landlords to “make the most of the booming rental housing market” or “find ways to ensure that all players benefit from the strong demand equally” raise concerns under the law and could be illegal, says the Competition Bureau.

According to the notice, it is illegal for competitors to agree about:

  • Rental prices, including any increases or surcharges.
  • The terms of their leases, including amenities and services.
  • Restricting the housing supply by artificially reducing the availability of rental units.

“Engaging in illegal agreements with competitors, such as price-fixing, market allocation, restricting supply, or wage-fixing and no-poaching agreements, is a criminal offence under the Competition Act, with potential prison sentences of up to 14 years and hefty fines at the discretion of the court.”

Best practices

 

The Competition Bureau says andlords and property managers are to:

 

  • Decide on their own prices, price increases, surcharges and the terms of leases.
  • Explain and negotiate the terms of leases with their tenants only.

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Jordan Boyes: Betting on himself—and winning big in real estate https://realestatemagazine.ca/jordan-boyes-betting-on-himself-and-winning-big-in-real-estate/ https://realestatemagazine.ca/jordan-boyes-betting-on-himself-and-winning-big-in-real-estate/#respond Wed, 02 Jul 2025 09:02:31 +0000 https://realestatemagazine.ca/?p=38924 In just over a decade, Jordan Boyes built a $4.5-billion real estate powerhouse, rewriting the rules of success with passion and vision

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Jordan and Michelle Boyes

 

Saskatchewan’s Jordan Boyes is fueled by passion, and from the get-go, his hard work has paid off. In his first 10 months as an agent in 2010, the then-25-year-old sold 88 houses.

He completed over 200 transactions in 2014, and a year later, he opened his own brokerage. In 2024, president/broker Boyes and his brother, Jared Boyes, achieved a personal milestone, selling over $1 billion worth of real estate in their relatively short careers.

This May, Boyes Group Realty Inc. celebrated its 10th anniversary, growing from a handful of agents to more than 175 sales representatives and property managers handling residential, commercial, and farm property transactions. It also has a full property management division. The brokerage now has offices in Saskatoon, Regina, Yorkton and Battleford.

 

From poker to property: A nontraditional start

 

Boyes says he was always interested in real estate and met with a broker when he was 19. That broker told him he was too young, so in the meantime, Boyes became a professional online poker player. 

He says it was up and down, but he was “fortunate to do well.” He saved up enough to cover his expenses (he owned a house and vehicle by then) for six months. He began his real estate career after getting his licence in 2010.

Boyes started with a bang. He sold his first house in under 10 days, working other agents’ open houses and with buyers. He worked long and hard.

His passion (and energy) has not waned. Long after someone told him he would burn out, he keeps up the pace and has the same drive. 

 

The backbone of success

 

When asked about the secret to his success, he is quick to deflect attention to his administrative staff and agents. “I have amazing staff at all locations. They are super efficient and loyal. I’m super grateful. They’re a huge part of my success,” he says.

As of May 2025, Boyes Group Realty has sold more than $4.5 billion worth of real estate, not including off-market. 

The company remains 100 per cent locally owned and operated with no outside shareholders or outside money, he says.

When Boyes started in real estate, he worked for an independent company, which was sold to a franchise. He says he wanted to stay independent and was working on his broker’s licence, so opening his brokerage made sense. A handful of agents at the original brokerage “wanted to come with,” he says.

His local presence is one of the reasons those agents, and the agents who have joined him since, chose Boyes. “It’s a small community, and the money stays here. And I give out lots of leads and buyers.”

He says the brokerage also has low caps, competitive fees, no institutional advertising fees and a full-time trainer. He says he has heard that agents also value his consistent availability.

 

Finding a balance

 

How does he balance work and life? 

“I have a supportive wife (Michelle), my partner in business, and we work side-by-side. We have time during the work day” (to see each other).

He also has an evening routine with his three children aged six and under, which includes having supper and playing outside. However, he may be texting and taking calls.

Boyes says he’s a structured person, getting up at the same time and arriving at the office at the same time. “I’ve been in the office at 6:15 for 15 years.”

A hard lifestyle? He says, “It depends on what you’re driven by.” He adds that for him, it’s not necessarily money. “I need money to support my family, but I’m driven, competitive.” He says wanting others to succeed and do well “fuels me more than other things.”

 

Mentorship, advice and philosophy

 

For agents wanting to take a page from his workbook, he says, “Find out what is going to make you happy. You can’t train ‘drive’. It’s in you or not.” 

With that in mind, others should keep in mind they may not be able to keep up his pace.

He suggests finding a good mentor and a brokerage with lots of listings. “They’ll have more leads to give out.”

Boyes offers office support and training, especially for new agents. People know they can book meetings with him one-on-one. He prefers training three or four people at a time, finding that the time spent is more beneficial with smaller groups.

Another tip for success: Boyes says, “Own your buildings. It’s beneficial because there are no leases and you build equity on the back end.”

His plans for the future? Keep going at a good pace, he says.

In a recent speech, Boyes said, “You will wake up with pressure, go to bed with anxiety, carry the weight of your own expectations everywhere,” and that’s how it will be most of the time. 

But when the successes do come “take a moment to breathe and remember why you do it. The fun is the journey. You almost have to accept that the journey is the goal….Fulfillment doesn’t live at the top of the mountain; it lives in the journey and who you become on the climb.”

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When Realtors overstep: The dangers of giving tenancy advice https://realestatemagazine.ca/when-realtors-overstep-the-dangers-of-giving-tenancy-advice/ https://realestatemagazine.ca/when-realtors-overstep-the-dangers-of-giving-tenancy-advice/#comments Tue, 27 May 2025 09:05:26 +0000 https://realestatemagazine.ca/?p=38408 Tenanted listings don’t have to be nightmares; they just need the right players staying in their lanes

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“Don’t worry, your Realtor knows what they’re doing.”

That reassurance didn’t age well.

Our clients had rented their home for a few years before planning to sell. Aside from a couple of parking bylaw infractions and routine inspections, the tenancy had been uneventful until early 2025. 

The tenant’s insurance lapsed—often a sign they’re preparing to move—and our clients saw an opportunity to sell the unit vacant. Clients were upfront: if the tenant left, they’d list immediately to avoid the pricing drag of a tenanted sale. As our clients were up against a looming mortgage renewal, adding urgency to the decision, they were listing whether the tenants were moving or not.

Our client’s Realtor was introduced to the tenants; photos and showings were coordinated. The tenants even confirmed a move-out date per the realtor. We reached out to the tenants to get a written notice to vacate and to schedule the move-out inspection.

Then everything went sideways.

The tenants, it turned out, were confused and stressed. They believed they were required to move, though no legal notice had been served. The Realtor had given them misleading information about ending the tenancy, prompting panic and pressure on all sides. Three months later, no firm move-out date, strained relationships, and multiple retracted notices have left everyone frustrated.

The reason for the chaos? A well-meaning Realtor communicated incorrect information to the tenants.

 

The broader problem

 

This isn’t rare.

Real estate agents can wade into tenancy law with confidence but without clarity. We have had Realtors quote their “legal department” or try to advise tenants on their rights, and the result is confusion, frustration, and potential liability. Even when well-meaning and trying to help, these missteps can:

  • Lead to tenant complaints and harassment claims
  • Damage trust between owners, tenants and property managers
  • Result in verbal agreements with no legal basis
  • Undermine lawful evictions and disrupt closing timelines

In B.C., tenancy law is nuanced and shifting. An offhand comment, text message or miscommunication can derail an entire deal and damages can easily be in the six figures.

 

Know your role: Realtor vs. property manager vs. lawyer


Realtors are licensed for trading services. Property managers are licensed to manage tenancies. Lawyers provide legal advice. Those lines exist for good reason.

Realtors are experts in marketing, negotiation and sale execution. But ending tenancies requires a detailed understanding of local laws, timelines and risks. Property managers live in this world daily, when it only lands on a Realtor’s plate when they have a tenanted listing. 

Lawyers specialize in resolving disputes, drafting enforceable agreements and advising how to best avoid a foreseeable dispute entirely. A client wouldn’t expect their mortgage broker to stage their home, nor should they expect a Realtor to handle tenancy disputes. When professionals stay in their lanes and collaborate, the results are better for everyone.

 

Constructive advice for Realtors


Realtors can still be incredibly helpful in tenanted sales, without giving tenancy advice:

  • Focus on clarity when communicating with tenants: coordinate photos, showings, explain sales timelines
  • Anything else should be directed or referred to the appropriate party
  • Build relationships with tenancy lawyers and experienced property managers
  • Adjust your tenanted property marketing plan to include cleaning for the unit and a tenancy lawyer consultation for your seller client

 

A call to action for the industry

 

The reality: investor-owned condos now dominate urban markets. Many owners are accidental landlords, ill-equipped to manage tenancies, let alone end them properly. Realtors are trained and ethically obligated–to stay in their lane.

When selling tenanted property, rather than being told “STOP–don’t do it,” Realtors need:

  • Training on how to successfully sell tenanted property
  • Referral networks to tenancy specialists
  • Support for collaboration across roles


I speak at 10 to 15 real estate offices a year about tenanted property sales. I don’t just teach—I listen. Hearing firsthand the horror stories, legal updates, and successes keeps my knowledge on the rules and best practices sharp and up to date.

Every time a sale falls apart or ends up being escalated to a provincial board, it reflects poorly on everyone involved: Realtors, property managers, sellers, buyers, tenants, landlords and the tenancy branch. With more intelligent preparation and clearer boundaries, we can protect clients, uphold professional standards, and execute deals that work for everyone, without overstepping.

Tenanted listings don’t have to be nightmares. They just need the right players staying in their lanes.

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Can a Realtor be liable for a tenant’s damages? https://realestatemagazine.ca/can-a-realtor-be-liable-for-a-tenants-damages/ https://realestatemagazine.ca/can-a-realtor-be-liable-for-a-tenants-damages/#comments Fri, 07 Feb 2025 10:05:47 +0000 https://realestatemagazine.ca/?p=37115 Can a Realtor be held liable if a tenant they helped secure causes damage to the landlord’s property? 

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In addition to acting on purchases and sales, real estate agents may be engaged to find tenants for their clients. The services provided in this regard can include listing the rental property and vetting potential tenants. 

If a tenant found through the listing process causes damage to the client’s property, can the agent be liable to the client? In Carola v. VIP Realty Inc., the Ontario Superior Court of Justice left this possibility open.

 

The listing process and alleged negligence

 

The plaintiff in the case was the owner of a property in Cumberland, Ont. The defendants were an agent and a brokerage who represented the plaintiff in listing the property for rent.

The agent did not meet with the prospective tenants herself, nor did she attend with them at the property for showings. She provided the plaintiff with a family photograph of the tenants and some bank statements and advised that all necessary background checks had been completed. She did not provide copies of the tenants’ rental application or their identification. She allegedly told the plaintiff that she would be “lucky” to have these individuals as tenants.

 

Tenant issues and property damage

 

In August 2020, almost immediately after the property was rented to the tenants, issues arose. The tenants broke a lock and cut the wires to the building’s security system. Police were called. In November 2020, the plaintiff began eviction procedures with the Landlord and Tenant Board (LTB).

The plaintiff subsequently discovered that the tenants had provided fraudulent identification when they entered into the lease agreement. One of the tenants had a lengthy criminal record, including for growing marijuana in rental properties. In March 2021, the tenants were arrested and charged with fraud and forgery.

In July 2021, the tenants vacated the property. The plaintiff claimed that she discovered the extent of physical damage when she accessed the property in July 2021. The interior of the home was destroyed, it required major repairs, and the damage was so severe that the residence was not livable or rentable.

 

Legal action against the agent and brokerage

 

In June 2023, the plaintiff sued the agent and brokerage for damages in the amount of $199,902.

The defendants brought a motion to dismiss the action on the basis that the subject matter of the claim fell within the exclusive jurisdiction of the LTB, that it did not disclose a reasonable cause of action, and/or was statute-barred under the Ontario Limitations Act since it was commenced more than two years after the claim was or ought to have been discovered.

 

Jurisdictional arguments rejected

 

The motion judge rejected the argument that the court did not have jurisdiction for the claim. While the LTB has jurisdiction over residential tenancies and occupancy issues, the plaintiff’s claim against the agent was not about the terms of the lease per se. 

The tenants were not defendants. The essential allegation in the claim was that the defendants were negligent in failing to adequately vet and identify the tenants before the plaintiff entered into the lease agreement. In the motion judge’s view, the alleged negligence of a real estate agent is not a matter within the LTB’s exclusive jurisdiction.

In addition, the monetary jurisdiction of the LTB is limited to the greater of $10,000, while the monetary jurisdiction of the Small Claims Court is currently $35,000. The damages claimed by the plaintiff far exceeded the amounts within the LTB’s jurisdiction, and she was therefore entitled to commence her proceeding in the Superior Court.

 

Duty of care and standard of care arguments

 

The defendants further argued that the statement of claim failed to adequately plead a cause of action in negligence against them, which requires:

  1. The alleged duty of care owed by the defendant to the plaintiff;
  2. That the defendant breached the alleged duty of care; and
  3. That damage resulted from the breach

While the defendants agreed that the plaintiff pleaded that a duty of care was owed, they argued that the statement of claim did not plead facts to show that they failed to meet the standard of care in the circumstances.

This too was rejected by the motion judge. The statement of claim did allege that the defendants breached their duty of care by failing to take reasonable steps to ensure the tenants were trustworthy, solvent and had no prior history of property damage or criminal activity. Based on a generous reading of the pleadings and facts deemed to be true for the purposes of the motion, this was sufficient.

 

Was the claim statute-barred?

 

Lastly, the defendants argued the claim was statute-barred and that it had been well more than two years from the time that the plaintiff first discovered the damage caused by the tenants. In response, the plaintiff argued that she did not know the extent of the damages until she accessed the property after the tenants vacated in July 2021. Only then did it become apparent that a legal proceeding against the defendants would be appropriate.

The motion judge declined to make a determination that the action was statute-barred based on the pleadings alone. The damage before July 2021 was allegedly minor. Whether a legal proceeding would have been appropriate given the nature of the damages before July 2021 was not an issue that could be addressed on a pleadings motion where the facts pleaded were assumed to be true.

 

Case to proceed in the ordinary course

 

The defendants’ motion was therefore dismissed, and the action will continue in the ordinary course. The decision signals the issues that may arise if a client is able to argue that appropriate steps were not taken when assessing potential tenants. Whether or not the agent and brokerage will be found liable for damages caused by the tenant in this case has yet to be determined.

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Helping clients navigate the complexities of rental property investments https://realestatemagazine.ca/helping-clients-navigate-the-complexities-of-rental-property-investments/ https://realestatemagazine.ca/helping-clients-navigate-the-complexities-of-rental-property-investments/#respond Mon, 06 Jan 2025 10:05:34 +0000 https://realestatemagazine.ca/?p=36421 From choosing the right type of rental to understanding costs and management, there’s more to it than meets the eye

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Many people find buying or converting their primary residence to an investment property unexpectedly complex. Choosing the right property and hiring professional property management are critical decisions. Real estate professionals are key in guiding their clients with these key decisions.

 

Investment property types: Pros and cons

 

Choosing an investment property type has the potential to be difficult for clients, as each comes with distinct advantages and disadvantages. Vacation rentals, fully furnished executive rentals and unfurnished residential rentals cater to different markets:

  • Vacation rentals offer high short-term income potential and flexibility but require intensive management and face regulatory challenges.
  • Fully furnished executive rentals attract business professionals seeking convenience for medium-term stays, offering steady income and reduced turnover, though furnishings can increase costs and wear.
  • Unfurnished residential rentals target long-term tenants, providing consistent income and lower upkeep, but may lack flexibility and have more extended vacancy periods. 

Realtors must consider market demand, regulations and client goals when recommending these options, balancing profitability with the specific needs of landlords and tenants.

Clients also need to consider the financial aspects of their investments carefully. While rental income is often the primary focus, many other factors come into play when purchasing a rental property.

“When I have a client looking at investment properties, we discuss everything at the beginning of the sales process,” says Julia Stauffer, real estate agent with Macdonald Realty in West Vancouver.

“I want to ensure they have their finances in order beforehand. Many clients overlook the costs associated with these properties. Depending on the property, there can be mortgage fees, property taxes and maintenance costs. Too often, people focus solely on rental income and fail to account for these expenses.”

Phillip Davies, owner of Cartref Properties, echoes this sentiment. “When I bring on a new rental client, I always advise them that operating costs can vary, impacting their income. A rental property is no different from other investments. I tell them it should be treated as a long-term investment and held for at least five years.”

 

Complexities of rentals in an ever-changing market

 

However, buying the property is only the first step. For many owners, understanding the complexities of rentals can be overwhelming, and rental agreements, provincial regulations and market trends are just some of the factors to consider when renting a property.

Clients choosing to hire a professional property manager or take on the responsibility themselves can greatly impact their experience. “Part of my discussion with clients involves the management process. It comes down to the buyer’s confidence and experience level when deciding whether to hire a professional manager,” says Stauffer.

“The Metro Vancouver rental market is difficult for landlords right now. There are ever-changing regulations to keep up with, and mistakes have costly ramifications for landlords. We’re also seeing an increase in availability, so understanding how to market units is key. Rental units are staying vacant slightly longer, and rent prices are trending downward,” Davies adds.

 

The right representation matters; experience and transparency are key

 

The right representation matters, and finding a good fit with a property manager is crucial. Clients are often referred to management companies through their colleagues, friends or realtors.

Wallis Lee, Managing Broker at Sutton Max Realty and Property Management, notes that her team is often involved during the sale. “80 to 90 per cent of our clients come from referrals, particularly from realtors. We’re often asked to provide a quote for rental management as part of the sales package,” Lee explains.

“Sales is a full-time job, and so is property management. It’s impossible to do both effectively while providing the best service to clients,” she adds, emphasizing the importance of working with a specialized manager. Lee notes that property management is more than simply renting the unit. There’s ongoing coordination of the property, from daily operations to financial needs.

Davies agrees and highlights the importance of hiring a manager experienced in handling the specific property type being rented. He also stresses the need for financial transparency. A reliable management company should provide regular financial statements detailing the rental’s income and expenditures.

 

Investing in rental properties can be complex for the uninitiated. It requires careful planning, financial preparation and an understanding of complex regulations. With the proper guidance from real estate professionals and property managers, buyers can make informed decisions about how to best manage their assets.

 

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5 New Year’s resolutions for real estate agents in 2025 https://realestatemagazine.ca/5-new-years-resolutions-for-real-estate-agents-in-2025/ https://realestatemagazine.ca/5-new-years-resolutions-for-real-estate-agents-in-2025/#respond Mon, 23 Dec 2024 09:58:09 +0000 https://realestatemagazine.ca/?p=36232 MarkWeislederMark Weisleder is a senior partner, author and speaker at the law firm RealEstateLawyers.ca LLP. Contact him at mark@realestatelawyers.ca or toll free at 1-888-876-5529. realestatelawyers.ca/

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By Mark Weisleder, Senior Partner RealEstateLawyers.ca LLP

As we enter into 2025, here are five New Year’s resolutions for you to make, to protect both yourself and your clients this coming year.

1 – Review title search before going on a listing

I have seen too many deals where there is not enough money on closing to pay the seller lender and then the deposit has to be requested from the brokerage to be able to get the deal closed. Then the brokerage has to sue for commission and the seller likely has no money to pay. By searching the title in advance, you can see the face amount of any mortgage and you may also learn for example, if CRA is owed money for income tax arrears. Ask for statements to make sure there is enough equity to pay any debts and commissions.

2 – Be specific on any rental contract

It is not enough to just put furnace rental is $100 a month in the agreement of purchase and sale. Make sure the contract can be assumed. Suppliers have refused to transfer the contract and then the seller has to buy it out, at their expense. Clearly state that the buyer will sign any document required to assume the rental contract before closing. If not signed, it is a nightmare after closing having the contract transferred, and the rental company can still try and collect from the seller.

3 – Ask about the keys and make sure the seller provides two sets on closing

Never assume that the buyer will receive two sets of keys and garage door openers, draft a clause to protect your client. If a condominium FOB has to be obtained from the management company in return for a security deposit, let the buyer know this will have to be done after closing. Don’t forget to include the mailbox key, or let the buyer know if they will have to obtain one directly from Canada Post after closing.

4 – Stay involved in the deal until closing

Besides making sure that all deposits are paid and conditions waived in a timely manner, anticipate potential closing issues and deal with them. If you know a seller has to complete work on the property before closing, or remove debris, do not wait until the last minute. Be a pest. This will save a lot of potential headaches on closing. If there is any damage noticed at the final pre-closing visit, take a picture, get an estimate and try to make a deal to get it resolved.

5 – Get expert advice, when you need it

If you are not sure about anything during your negotiations, whether it is an issue related to foreign buyers, zoning, HST, condominium status certificates or basement apartments, then do not be nervous to ask for assistance. I am often consulted precisely for this kind of timely assistance. Or consider making the offer conditional upon buyer or seller lawyer approval.

I wish all of you a very happy, healthy and prosperous 2025.

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