Defining Common Areas

Common area is defined as the parts of a rental property that are kept for the joint use of tenants. While what is and is not considered a common area may vary between different spaces, you can generally consider anything that is not inside your physical office or workspace to be part of the common area. When you read the lease agreement, you may see sections referenced that you do not fully understand. Usually, an example or two does the trick to clear it up. In an office building, the common areas might include hallways, elevators, stairwells, bathrooms, lobbies, reception areas, breakrooms and parking lots . In a retail building, the common areas might include hallways, exterior access areas, public areas on and surrounding the building, parking lots and any other area meant to provide access to the building. In a multi-family residence, the common areas might include stairwells, parking lots, laundry rooms, pool areas, fitness centers and other areas that tenants of the residence are permitted to access. The commons areas of a rental property can affect many different areas of your relationship with your landlord.

Significance of Common Area Rules

Appropriately setting and enforcing common area rules is important for a number of reasons. For the tenant, common area rules provide a structure within which they can conduct their business. Beyond providing a framework for rules governing use, common area rules also serve as a tool to promote harmony among the commercial tenants within the property through standardizing the practices within the common areas. Additionally, common area rules provide the landlord with a mechanism to communicate with its tenants about acceptable use of the common areas. For the tenant, there is great value in knowing what acceptable uses of the common areas will be permitted. For the landlord, the establishment of common area rules provides a mechanism of assuring the maintenance and upkeep of the common areas. There will certainly be some instances in which a tenant may have to make some lifestyle adjustment in order to comply with the common area rules, but in most instances the changes will be so minimal and inexpensive that both tenants and landlords will find them acceptable.

Common Rules for Common Areas

Most community leases and condominium documents contain rules and regulations that go beyond an outline of a tenant’s or owner’s general use of the common areas. The rules typically govern the specific use of the common areas and are designed to maintain order and preserve the property from wear and tear. Below are some of the most common rules governing use of common areas and how the space can be filled.
Noise: A common complaint from tenants is being subjected to excessive noise from their neighbors. While some sound is to be expected in a multi-tenant or multi-family setting, tenants cannot be subjected to "unreasonable intrusion upon their right to quiet enjoyment." Most rules include provisions prohibiting telephones and radio sets from being heard beyond the confines of the owner’s or tenant’s unit. Additional rules may require that loud conversations, musical instruments, stereos or other items creating noise be played or installed with consideration to the resident’s neighbor.
Cleanliness: A certain degree of personal property is to be expected in a common area. However, to maintain the building and allow for appropriate use of the common areas, all common areas should be kept clean and vacant of debris at all times. Some rules may set forth specifically who is responsible for cleaning common areas and what items need to be removed from the area at the end of the day. Common areas and public places should be used for the benefit of owners and tenants and not as repositories for items that cannot be stored on the individual unit’s premises.
Personal Property Storage: As stated above, some common sense regulation should go into the placement of personal property in a common area. Tenants should not be allowed to store furniture, boxes and other items on stairwells or hallways. Placing personal items in common areas may create a fire hazard or obstruct access to emergency exits. In some cases, this will constitute a violation of the building code. Unless a tenant has written permission from the property manager or HOA to place their personal items in common areas, it is likely that the items will be removed by the property manager.

Tenants’ Obligations in Common Areas

Tenants must follow the standards set forth in the common area rules. The common area rules should be attached to the lease as a part of the lease. If they are not attached to the lease and the tenant is still expected to abide by them, they should be provided to the tenant with a receipt obtained.
If the rules are changed then the tenant must receive a copy of the new rules with a receipt obtained. It is not necessary to have a signature for the rules but a receipt is recommended. Many landlords do not like to hand the new or revised common area rules to the tenant and then get a receipt but it is required to protect the landlord from the tenant’s contention that they were never provided a copy of the rules.
The tenant’s responsibility is to be aware of the rules and to adhere to them. Some common areas of a building may be used for purposes that are not approved by the landlord. If the tenant uses a part of the common area in a manner that is not permitted by the rules then the tenant commits an eviction suit terminable at will. In other words, the tenant has violated the lease and is now subject to immediate eviction.
The issue of whether the tenant has committed a wrongdoing under the lease must have a factual basis. The landlord cannot just make up a reason to kick the tenant out. There must be a bona fide reason why the landlord wants the tenant out. In that regard if the tenant does not adhere to the common area rules and violates them in some manner, such as having a pet, playing music, or using the common area for other than approved purposes, the landlord is generally entitled to a judgment of eviction.

Role of Landlord in Common Areas

The landlord’s duties in respect of common areas are twofold. First, the landlord has a responsibility to enact and enforce rules which are applied consistently to all tenants. These rules will likely speak to the overall maintenance of the common areas as well as tenant use of common areas. Secondly, the landlord will have obligations to maintain the common areas, which vary depending on the property and the relationship between the landlord and tenant.
The rules in the tenancy agreement and/or common area rules will ensure that the landlord acts consistently in enforcing rules for the common areas. Tenants often use common areas differently so a prescribed set of rules will ensure there is no favouritism. Additionally, the common area rules should address expectations for the upkeep of common areas which may be the responsibility of the tenants. This can include regular cleaning or care of the tenant’s space abutting the common space. The rules should also provide for consequences for a tenant’s failure to comply with the obligations in the common area rules and/or tenancy agreement.
The landlord will likely have obligations to fix damages or defects in the common areas that are a result of ordinary wear and tear. However, landlords may also be responsible for fixing damages caused by the tenants . Remedies for the tenant’s "misuse" of the common areas to create a burden which is greater than the ordinary benefit to the other tenants of the common areas are also available.
To ensure that there is a level playing field for landlords in their enforcement of tenancy agreements and common area rules, the Residential Tenancies Act requires landlords to keep record of complaints or requests made by tenants and the landlords’ responses to those requests. They are also required to keep record of any correspondence regarding penalties or punitive actions taken under the tenancy agreement or common area rules. These records must be made available to tenants upon request within seven (7) days.
Landlords should not underestimate the importance of common areas to tenants. Landlords should look for opportunities to exhibit best practices for the upkeep and reasonable use of common areas. For example, landlords could send a friendly email when an area is freshly cleaned or when any other work is done on a common area to increase, to a small extent, the impact of these events on tenants. The tidiness of common areas, especially when well publicized, can go a long way in making a residential complex feel more like a home and less like a neglected rooming house.

Common Area Disputes and Landlord’s Rights

Disputes can be frustrating for tenants, particularly when they run into conflicts with other tenants regarding common areas. Whether it’s a dispute over noise levels in a shared elevator, people idling in the hallways to avoid getting a parking sticker, or general safety concerns, you have to understand the procedures in place to resolve these problems. Most times, a simple conversation can clear up any confusion. For example, someone using a common area with an obscene message might be unaware of how to use the space and its rules. In this case, show them the tenant handbook or apartment policy. They might have just misread it. If talking doesn’t work and you don’t feel comfortable bringing the issue up directly with the tenant, take it to the staff. This might be the property manager or building supervisor, especially if there is a conflict with people you don’t know. It is the responsibility of those in charge to find a solution or answer. They can also help resolve disputes with your own neighbors if you prefer to stay out of it. It’s important to follow the chain of command, reporting issues to the right people in the correct order. Don’t go to the owner or head of the corporation until you have gone to everyone below them first such as the site managers, building superintendents, or front desk attendant. For instance, if you are having a problem with a neighbor on a different floor as opposed to someone on the same floor, follow the chain and take it to the floor supervisor first before going above their heads. You can also consult legal counsel about the dispute, which includes talking to a lawyer about your rights and what actions a building can take. Having the council for the disputes can even prove helpful in some cases to avoid rent increases, arguments, or eviction and instead find a resolution.

Enforcement of Common Area Rules

Violations of common area rules can have serious legal ramifications for tenants. While violations such as moving a barbecue grill into the common area without prior consent may seem minor in nature, they can be used by landlords to impose fines, assess fees, or even pursue eviction. Landlord-tenant laws vary from state to state, but there are a few things that you can do as a renter to reduce your risk of facing legal consequences for violating common area rules.
All common area regulations and addendums will be referenced by clause number so that an easy legal reference is provided.
Fines and Fees
Firstly, landlords can impose fines on tenants with valid leases in place. This is especially common for unacceptable practices of homeowners, but apartment tenants also face fines for violations of the common area rules. Clause 5, Schedule E of most lease agreements advises of the landlord’s right to impose relevant charges and assesses the financial penalties for rules infractions. Repeated and unreasonably large fines may provide grounds for appeal under the law, depending on the terms outlined in the lease.
Eviction Risks
Clause 25, Termination of Tenancy, explains the technicalities of eviction in the case that the landlord allegedly attempts to break the lease with the tenant after a violation of the common area rules. For instance, Clause 31, Pets, states that a pet may not be on the premises without express permission from the landlord. This clause also explains the specifics of pet ownership including the regulation against feeding our pets in the common area to prevent aggressive behavior toward neighboring dogs. Violations of the aforementioned rule could trigger a series of event that ultimately results in eviction. If you have broken this clause, you have very little recourse against eviction.
Legal Enforcement
In addition to fines, fees and eviction notices, landlords are permitted to pursue legal fees associated with damaging the property in the event of a major violation. Clause 53, Indemnity for Landlord, explains the tenants debt to the landlord covering damages to the common area. This scenario is rare; however, you should be aware that violations of common area rules are taken seriously under the law and landlords will seek compensation for damages to the general property.
Specifically, Clause 13, Damage to Property, details damage to the apartment building, parking lot, garages, basements, driveways, etc. Clause 13.4 enables the landlord to determine what expenses are incurred as a result of any damages that are reported.

Landlord’s Rights Regarding Common Areas

Inform yourself: Familiarize yourself with lease agreements, neighborhood watch protocols, and other safety provisions before you move into your new residence.
Know your neighbors: A few friendly conversations with your neighbors can go a long way towards preventing disputes. Today, many people rely on social media to build community in a neighborhood, so shoot out an email or start a Facebook group to get the conversations going.
Attend any regularly scheduled or emergency tenant/landlord meetings: Checking in with other residents can help you stay ahead of potential issues in the common areas and understand your landlord’s goals for the neighborhood.
Stay connected: Communicate with neighbors about any family and guest members who may be using common areas, such as children, pets, guests and service individuals (like housekeepers, maintenance workers, etc.).
Get involved: As early as possible, offer to attend monthly board meetings, lobby in front of fellow owners and attend public meetings to make changes to common areas . Room for improvement is always there, and striving to create the best environment helps everyone.
Be proactive: Agree in advance to attempt resolution with fellow residents—and not the landlord—before bringing issues to the landlord’s attention.
Be respectful: When concerns do need to be reported to the landlord, use positive language and offer solutions. Feelings often get hurt quickly in these matters, but thoughtful conversation has benefits for every resident.
Advocate for yourself: Each resident has a contract with the landlord. Even if you are not the owner of your common area property, the terms of your agreement remain in effect and valid for the duration of your residence.
Work it out: Open lines of communication and a willingness to take responsibility are the keys to a peaceful coexistence in any neighborhood. Be diplomatic, flexible and tolerant as you consider the issues that arise regarding common areas.