The Importance of Tenant/Landlord Rights

The importance of tenant/landlord rightsis often understated and most people tend to overlook them. However, when someone becomes a victim of either a bad landlord or tenant, they often become more aware off their rights and want to stand up for them.

Tenant/landlord rights are meant to protect the interests of both the tenants and landlords. It is common for one party to look out for their best interest at the detriment of the other so legal rights are there to protect both parties and ensure that middle ground can be found.

Tenant/landlord rights set the standards on the correct way that the two should relate. Therefore, when both parties are aware of them, then both parties know what their respective limits are.  There are some areas that are the most common bones of contention between tenants and landlords. Some of the most common include:

Property Deposits

These are the rights of both the tenants and landlords in regards to matters concerning the deposit paid for the house. Where the tenants are concerned, it is stipulated that the tenants should get their deposits returned to them in 30 days of their moving out.

If their deposit is to be kept by the landlord due to severe damages then it should be communicated to them before the 30 days are over. Failure to do this prompts the full refunding of the deposit that the tenant paid, regardless of the extent of the damages on the property.

Where the landlords are concerned, the landlords are no longer supposed to personally keep the deposits that are paid to them. It is now recommended by legal experts that landlords should open a bank account especially for the deposits they receive. And when the money is withdrawn so as to repair the house, documentation should be presented to the tenant. This is done so as to discourage some landlords from cheating their tenants out of their deposit by claiming to have spent frivolous amounts of money in repairs.

Tenancy Agreements

The tenant has a right to be given a copy of the tenancy agreement and for it to be effectively explained to them prior to their signing it. It is also the tenants’ right to be given a new agreement any time that there is any agreed change that is to be implemented. For instance if the rent was to be increased then the tenant must be issued with a new tenancy agreement.

Tenant’s Rights Include;

• The legal right to have functional appliances in the house so as to ensure their comfort
• The right to take up renter’s insurance, especially if their possessions will not be covered by the landlords insurance.
• The right to get prompt response to their requests for repairs of the property.

Landlords’ Rights Include;

• Landlords have the right to take possession of the tenant’s property if the tenant has rent arrears. However the landlord should follow the proper legal procedure and issue all the correct notices in the correct timeframe.
• Landlords are also allowed to enter and inspect the property at any time provided they inform the tenant of this intent 24 hours prior to the visit.
• The landlord has the right to prompt their tenant to pay up any outstanding payment. If the tenant has rent arrears then the landlord is allowed to visit the tenant and demand payment at any time.

It can be very beneficial for people to start knowing their tenant/landlord rights. Those who are aware of their rights are less likely to be victims of either unscrupulous landlords or tenants.