When considering a place to live, factors like comfort, affordability, and amenities are crucial. However, understanding the legal framework surrounding renting is equally important. This article aims to illuminate these critical aspects to empower individuals embarking on this phase of their journey.
Understanding Tenant Rights
A written tenancy agreement is advisable to clearly outline rights and obligations for both parties. Tenants have rights to privacy, quiet enjoyment, and exclusive possession. They also have the right to legal eviction processes and to seek redress if their rights are violated.
1. Right to Receive Payment Receipt
Tenancy laws deem it an actionable offence to withhold or refuse to issue a tenant payment receipt once the requisite sum has been paid. This requirement also applies to part payments. In such cases, a receipt must be issued, clearly indicating the date on which rent was received, the names and addresses of the landlord and tenant, a description and location of the premises, the amount paid, and the period for which the tenancy shall subsist.
2. Right to Privacy
As a tenant, you have the right to privacy, and your landlord is not entitled to encroach on the premises without consent, except in emergency situations.
3. Freedom from Unreasonable Disturbance
A tenant is entitled to quiet enjoyment of the rented premises, meaning that not even the landlord can disrupt the tenant’s quiet enjoyment on unreasonable grounds.
4. Right to Exclusive Possession
Throughout the tenancy agreement, a tenant is entitled to have exclusive possession of the premises, subject to the landlord’s restricted right to inspect the property.
5. Right to Use Common Areas for Reasonable and Lawful Purposes
A tenant has the right to access and utilize shared spaces in a rental property, but this does not extend to illegal use of the space.
6. Right to Legal Eviction Process
Tenants are entitled to proper notice and a court order for eviction.
7. Right to Sue
A tenant may seek redress from the courts if they feel that any of the rights discussed have been violated by the landlord.
Tenant Responsibilities
Tenants must pay rent on time, maintain the property, adhere to lease terms, respect neighbours, pay utilities, comply with laws, and notify the landlord before vacating the premises.
A tenant has certain obligations to fulfill during the term of the agreement and some of them are:
1. Payment of Rent
Tenants are required to pay rent in the correct amount and on time, as stipulated in their agreement with the landlord.
2. Maintenance of Property
Tenants must ensure that the premises are well-maintained and not misused. They are responsible for keeping the property free from damage and neglect. Any issues requiring the landlord’s attention should be promptly reported.
3. Compliance with Lease Terms
The terms of tenancy agreements vary and are based on negotiations between the parties involved. For example, agreements that prohibit subletting are valid, and tenants who agree to such terms are bound by them.
4. Responsibility to Neighbors
Tenants must conduct themselves in a manner that does not inconvenience their neighbours. This includes participating in the care of the premises, avoiding disturbances such as noise, and refraining from bringing in pets or animals that may cause a nuisance. Tenants are also expected to adhere to any community rules or regulations.
5. Proper Use and Payment of Utilities
Tenants are responsible for paying for the utilities they consume and ensuring that there are no leaks or damages that could harm the property.
6. Compliance with Relevant Laws
Tenants are obligated to comply with all relevant federal, state, or local laws, as well as any regulations set forth by communities or agencies.
7. Payment of Insurance
The responsibility for obtaining insurance coverage may vary depending on the agreement between the tenant and landlord. Both parties must fulfil their obligations as agreed upon.
8. Notification of Vacancy
Tenants are required to notify the landlord in advance of their intention to vacate the premises. This allows for proper arrangements to be made for the transition.
Landlord Obligations
Landlords must issue rent receipts, carry out repairs, provide habitable premises, respect tenants’ peaceful enjoyment, pay rates and charges, and refrain from seizing tenant property.
1. Issuance of Receipt
When rent is paid, whether in part or in full, the landlord is obligated to issue a receipt to the tenant. This receipt should include the date of rent receipt, names and addresses of both the landlord and tenant, description and location of the premises, amount paid, and the duration for which the tenancy is valid.
2. Effecting Repairs
A landlord is responsible for carrying out repairs on the external and common areas of the premises, ensuring they are properly maintained.
3. Providing Habitable Premises
Landlords are required to provide premises that are habitable and suitable for living.
4. Responsibility to Provide Quiet Possession
A landlord must refrain from encroaching on the rented premises without prior notice or consent from the tenant, allowing the tenant peaceful enjoyment of the property.
5. Payment of Rates and Charges
The landlord is responsible for paying certain rates and charges stipulated by law. However, a landlord can sometimes waive their duty to pay these rates and charges if their tenant agrees to it.
6. Refraining from Restricting the Use of Common Facilities and Spaces
A landlord cannot restrict the tenant’s use of common facilities and spaces within the premises.
7. Refrain from Seizure of Tenant’s Property
A landlord does not have the right to seize a tenant’s property, even if the tenant owes rent arrears. The landlord is not entitled to restrict the tenant’s access to their personal property.
Importance of Thoroughly Reviewing the Tenancy Agreement
Reviewing the lease agreement is crucial to understanding rights, obligations, terms, restrictions, and legal compliance. This helps prevent misunderstandings, and disputes and protects the legal rights of both parties.
Shelter is a fundamental need, and understanding the legal aspects of renting is essential. By knowing their rights and responsibilities, tenants can navigate the renting process confidently. Seeking legal counsel and reviewing lease agreements thoroughly are advisable steps to ensure a fair and mutually beneficial tenancy.