RENTING – some general information
It is very important to understand the legal aspects of renting because almost daily we hear about endless grievances, complaints, court cases, etc.
A proper contract should be set at the outset when the tenant is very keen to rent and the landlord too is keen to lease. All the rules and regulations should be clearly stated and exchanged not only in words, but also in writing.
Both the identity of the tenant and the landlord and details of the property being leased should be known with all relevant details.
The type of complex should be also known, that is whether it is a residence, office, commercial or other because each has its own specific rules and regulations.
Initially everything seems to work well, but soon problem starts. We hear so many complaints both from the tenant and the landlord.
The landlord must hand the premises over to the tenant in a good and habitable state. The landlord must clearly define the premises being rented, its location, size and whether furnished or unfurnished.
In case of furnished premises, an inventory list should be prepared and signed at the time of rental. This list must enumerate all items, moveable and fixed both. The list should also mention the costs and value so that in case of breakages apart from normal wear and tear, the replacement is effected by the party concerned. The inventory list is also important at the time of the completion of lease to ascertain that there are no missing items.
All equipment mentioned in the lease must be in good working order and guarantee against any natural faults or defects.
The tenant should maintain the premises to the standards received. The lease agreement should mention about if additional installations are permissible and if so the conditions thereof.
In case of breakages, replacement or repairs should be effected by the party concerned and this should be properly spelt out at the outset.
- Are installations allowed to be made by tenant, if so to what extent as they do constitute a transformation of the premises.
A tenant takes certain responsibilities in exchange for certain rights. The tenancy agreement may be a few pages and very detailed. It lists responsibilities so it has to be read carefully.
The contract will also show:
- How much is the rent and deposit
- When the rent will be paid and reviewed
- The address for the landlord or agent who will be looking after the property.
Tenant’s obligations
- Pay the rent and charges as per the dates stipulated in the lease agreement. Use the rented property for the purpose agreed (residence or commerce / business / office etc.).
- Maintain the premises by taking responsibility for any repairs which are incumbent on the tenant.
- The tenant will be responsible for minor maintenance work and any day to day repairs (electrical, plumbing, openings, generator, pool pump, etc).With regards to ceilings, internal walls and partitions, the tenant is expected to ensure that they are kept clean and to carry out, whenever needed, any minor paint or touch-ups and fill in any holes. The same applies to the floors.
- The tenant may also be responsible for the on-going maintenance and repair, or eventual replacement of all the equipment mentioned in the lease, such as the refrigerator, washing machine, dishwasher and oven hood, etc.if mentioned in the contract.
- The tenant cannot transform the rented premises and equipment without the approval of the landlord. In the absence of an agreement, the landlord can insist, upon your departure, that the tenant restores the premises to its original state or can decide to keep the changes made without any compensation. The landlord may insist on the immediate restoration of the premises if these changes negatively affect the good working order of the said equipment or the security of the premises.
- The landlord may take an insurance policy that covers rental risks (mainly damage caused by water and fire).
- The tenant should not sub-let a part or the whole of the premises or transfer the lease without the approval of the landlord.
- The tenant should allow improvement works to the common or private areas within the building to be effected, as well as any work required for the maintenance and upkeep of the rented premises. However, if these works last longer you are entitled to ask your landlord for a reduction in rent. Should these works render the premises uninhabitable, you can terminate the lease without any notice.
Obligations
Both landlord and tenant have obligations in the case of a property lease. The obligations have to be mentioned in the contract that will be signed by both parties.
Important note:
Please note that the communicated information on this site is not contractual. It is provided as a guideline only and does not engage in any way the responsibility of www.gwlproperty.com