What Is The Role Of A Tenant?

Because of the highly regulated nature of the modern buy to let property marketplace, numerous obligations and rights have been established for tenants and owners. These obligations and rights are legally enforced, but with varying degrees of success.

When a tenant signs a rental lease agreement, the tenant is agreeing to take on a certain amount of responsibilities in conjunction with that action.

The lease is a legally binding contract that establishes the terms of the relationship between a landlord, who is referred to as the lessor, and a tenant, who is referred to as the lessee.

The tenant's responsibilities and role will both be spelled out in the lease agreement.

Before signing a lease agreement, it is critical for both parties to carefully read the document and make sure they comprehend all of its terms. This will protect them legally.

The following is a rundown of the various commitments and obligations that are typical of tenants.

Rent

The payment of rent is at the top of the list of priorities for a tenant's responsibilities. Historically, the obligation of the tenant to pay rent was considered an independent duty.

This meant that the tenant was required to pay rent regardless of whether or not the landlord violated certain covenants in the lease agreement.

As was discussed in the preceding section, the obligation to pay rent in today's society is conditional on the landlord fulfilling a number of responsibilities.

As was mentioned earlier, many of the responsibilities of the landlord have been interpreted in such a way that a breach of these responsibilities by the landlord will release the tenant from their obligation to pay rent.

The terms of the lease almost always include an explanation of the monthly rent payment.

If, for some reason, it is not included in the terms of the lease, then a court will infer a reasonable rent under the circumstances, which will be determined by the fair market rental value of the property at the time in question.

The tenant is not required to pay rent if the rental agreement breaks the law for any reason, including but not limited to the fact that the property's condition does not meet the standards required by housing codes.

On the last day of the term, rent is due unless the parties agree otherwise in their contract (e.g., last day of the month in a month-to-month tenancy or last day of the tenancy in the term of years).

Obviously, in the vast majority of situations, the payment schedule is outlined in the lease agreement, and any such agreement is legally binding.

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It is important to emphasize once more that, as was previously mentioned, if a tenant fails to pay their rent, the landlord has the legal right to initiate eviction proceedings against that tenant.

Nevertheless, in the majority of states, it is illegal for the landlord to evict the tenant from the rented property physically.

When it comes to real property, a "self-help" repossession of this kind is considered illegal in most states.

Repair

In the same way that any holder of a present interest owes a duty to the holder of a future interest to avoid wasting resources, the tenant is responsible for minimizing unnecessary waste.

This implies that a tenant is not permitted to damage the property, not permitted to knowingly allow the property to deteriorate into a state of complete disrepair, and not permitted to make any significant changes to the property without first obtaining permission from the landlord.

See the subchapter on Future Interests in this course's Chapter 2 for a discussion on waste, which is included in this course.

In addition to the standard guidelines regarding waste, the tenant is responsible for making standard repairs to ensure that the property is kept in essentially the same condition as it was in when the tenant initially occupied the property.

On the other hand, the tenant is not responsible for preventing or repairing the normal amount of wear and tear that occurs as a result of the tenant's regular use of the property.

In addition, the tenant is not obligated to make significant repairs to the property if those repairs become necessary as a result of a disaster.

On the other hand, the tenant is responsible for making reasonable efforts to forestall the occurrence of significant damage whenever it is within the tenant's power to do so.

Refrain From Using the Property for Illegal Purposes

The landlord has the right to expect the tenant to refrain from using the rental property in a manner that violates the law.

This gives the landlord the right to enforce this duty and to take steps against the tenant should the tenant use the property for illegal purposes.

Although this may seem obvious, because the tenant has a responsibility to society in general not to use the property for illegal purposes, this gives the landlord the right to enforce this duty.

The ability of the landlord to take action against such use by the tenant is contingent on the landlord's involvement in the illegal activity.:

• If the landlord knew of the tenant's illegal purpose in the lease, then the whole lease will be unenforceable. The landlord could recover possession of the property, but could not collect rent. Essentially, since both parties are at fault, the court will refuse to enforce the lease.
• If the landlord was unaware of the illegal purpose of the lease, then the landlord has two options. The landlord could continue the lease and get a court order enjoining (ordering a stop to) the illegal activity. Or, the landlord can terminate the lease if he or she does so. At the same time, the property is being used for illegal purposes or shortly after the cessation of the illegal activities. The landlord can then sue the tenant for back rent and damages caused by the illegal activities.

Honesty as to Intended Purpose

If the landlord inquires about the tenant's plans for using the property, the tenant is obligated to provide an honest response.

The landlord can terminate the lease if the tenant uses the property in a manner that is not consistent with the initial representations that the tenant made to the landlord.

Duty Not To Commit Nuisance

A tenant is not allowed to interfere in an unreasonable manner with the use and enjoyment of other properties that are adjacent to the one they are renting.

It is very difficult to define what constitutes unreasonable interference, and the determination is different depending on the specifics of each individual case.

For this reason, landlords almost always define this restriction by putting terms into the lease that prevent tenants from causing disturbances to the other tenants in any way, including but not limited to making too much noise.

Fixtures

When a tenant vacates leased premises, that tenant obviously has the right to take with them any personal property that was brought into the premises during the term of the lease.

On the other hand, the tenant is responsible for leaving behind anything that is physically attached to the land.

The things that are known as "fixtures" are the things that are attached to the land itself.

Tenant Responsibilities

It is customarily the responsibility of the tenant to ensure that the rental property is kept tidy and in satisfactory repair at all times.

Additionally, it is expected that tenants to report major problems. The following is a list of responsibilities that tenants have:

Maintain the rental property

Tenants are typically responsible for keeping the unit sanitary, which means a tenant should:

• Throw away the garbage.
• Stop the development of mold.
• Avoid the accumulation of excessive dirt on the walls and floors.
• Prevent rust, grime or soap scum buildup
• Maintain appliances

Prevent excessive damage

In addition to maintaining cleanliness in the rental unit they are responsible for, tenants should take care not to cause any damage through carelessness or recklessness.

The tenant is responsible for the normal wear and tear, but they are not responsible for any damage that leaves the property in a worse condition than it was in when they moved in.

The following are examples of situations in which many municipalities recognize and enforce tenant liability:

• Elimination of fixtures, such as lights, appliances, and other fixed decorative or functional items
• Damage due to pet policy violations
• The destruction caused by fires that were started as a result of carelessness or reckless behavior
• Interference with smoke alarms or carbon monoxide detectors is illegal.
• Inappropriate use of assigned spaces
• Utilization of the property for immoral or illegal purposes
• An infraction of the occupancy requirements has occurred.
• obstruction of exits intended for emergency use

Report issues as they come up

Prior to moving in, tenants are required to attend a walkthrough of the rental property to point out any problems or necessary repairs, which will then be recorded on a rental walkthrough checklist.

Tenants should make sure to keep a copy of the rental walkthrough checklist in their personal records so that they can avoid being held responsible for any damage at the end of their lease.

In most cases, a security deposit will cover any damage charges that go above and beyond typical wear and tear.

Notifying the landlord as soon as possible about any necessary repairs is another common obligation placed on tenants regarding property maintenance.

Suppose a tenant discovers a problem but does not notify the landlord of it. In that case, the tenant may be held responsible for additional damage that would not have been necessary had the problem been reported.

For instance, a slow leak in the drain hose of a dishwasher may be an easy fix in the beginning, but it may cause significant water damage if it is allowed to go unreported and unrepaired for a period of months.

The tenant's rights and responsibilities regarding the property are outlined in the tenancy agreement.

While the structure and exterior of the property are the landlord's responsibility, the tenant is responsible for keeping the interior of the property clean.

Other general responsibilities of a tenant include making the monthly rent payment and paying for all of the tenant's utility bills.

For the sake of clarity, when renting, you should make certain that the tenant is aware of the kinds of decorating and repairs (if any) that are expected of them under the terms of the agreement.

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Renter Rights and Responsibilities

As a renter, you are subject to both certain rights and responsibilities.

In a similar vein, your landlord possesses her own set of rights and obligations.

Because of the potential for these to differ according to state and circumstance, it is essential that you are aware of what is relevant to your situation.

Your Rights

In general, you have the right to a livable environment, which includes the following:

• Both the heating and the cooling systems have to operate properly.
• Both the water heater and the toilets need to be operational.
• The door locks must be operational.
• The condition of the roof must be satisfactory (e.g., it should not leak).
• Windows are required to be in operational condition and should not be sealed.
• The supplied appliances, such as the refrigerator, stove, and garbage disposal, are expected to be in good working order.

The majority of these rights fall under the "implied warranty of habitability," which is a warranty (implied by law simply by leasing the property) that the landlord promises that the property being leased is safe and suitable to be lived in.

This warranty states that the landlord is responsible for maintaining the property in a condition that is suitable for human habitation.

If the renter is unable to rely on the landlord to uphold the terms of this implied warranty, they may have grounds to terminate their lease and, in some cases, even sue the landlord.

When a tenant signs a rental lease agreement, the tenant is agreeing to take on a certain amount of responsibilities in conjunction with that action.

The lease is a legally binding contract that establishes the terms of the relationship between a landlord, who is referred to as the lessor, and a tenant, who is referred to as the lessee.

The tenant's responsibilities and role will both be spelled out in the lease agreement. Before signing a lease agreement, it is absolutely necessary for both parties to carefully read and comprehend all of the terms of the agreement.

This will protect both parties legally. The following is a rundown of the various commitments and obligations that are typical of tenants.

• When the rent is due, pay it.
• Take into consideration the rights of both the landlord and the other tenants.
• You are not permitted to destroy, damage, or deface the property in any way, nor should you allow anyone else to do so.
• Maintain a level of cleanliness and sanitary standards commensurate with the state in which the premises find themselves.
• Ensure that waste and rubbish are disposed of in an orderly and hygienic fashion.
• not engage in any activity that might put the safety of the other tenants, the residential premises, or the common property at risk.
• On the premises, you must not engage in any illegal activities or conduct any illegal business.
• not commit a serious violation of the residential tenancy agreement or the lease terms in any way.
• If the locks are changed while you are renting the property, you are required to give the landlord the key.
• Before subletting the residential property, make sure to get the landlord's written permission first.
• Make use of the property as a place to live, and put the various rooms to use in the manner that is appropriate. For instance, the bedroom should only be used for sleeping and not as a kitchen at any time.
• You are not permitted to remove any portion of the structure, dwelling unit, facilities, equipment, or appurtenances, nor are you to permit anyone else to do so.

When To Hire A Professional

You or your tenant may be able to perform certain types of property maintenance and repairs at your rental property. Still, for other tasks, you might need to hire a qualified and authorized professional.

Certain municipalities go so far as to mandate that only licensed professionals be allowed to handle particular maintenance tasks, such as the following:

• Work involving electricity
• Important fixes to the plumbing
• Roof work

It is possible to save a significant amount of time by planning ahead for maintenance work, which can also help you avoid busy seasons for contractors.

For instance, rather than having your furnace serviced in the winter, consider having it done in the spring or summer.

Not only will it be simpler for you to schedule, but there is also a possibility that you will receive a discount.

Negotiating Rental Maintenance Responsibilities

The responsibilities associated with seasonal maintenance change from region to region, and landlords and tenants are free to negotiate who will perform which tasks.

However, as a landlord, you still run the risk of being held liable for any accidents or injuries that take place on the property if proper maintenance is not performed.

A person who falls while walking on a snow-covered sidewalk in the winter is one example.

The following are examples of typical seasonal maintenance chores:

• Trimming the grass
• The act of shoveling snow
• laying down salt in preparation for the ice
• Insulating pipes
• Raking leaves
• The cutting back of shrubs and trees
• Taking care of the gutters
• Changing out the air filters

Maintaining A Good Relationship.

Treat all tenants equally and with respect

You should conduct yourself in a manner befitting a business relationship, and you should be both organized and committed to meeting the obligations outlined in the rental agreement.

Create a positive dynamic between the landlord and tenant from the very beginning.

The following are some practical steps that you ought to give some thought to taking.

Maintenance

Deal with decorating and other minor jobs on a regular basis. Property maintenance is something that will be required for all properties over time.

Local tradesmen

Maintaining relationships with local tradesmen will allow you to call on them at a moment's notice should the need arise.

Appliances

Think about purchasing insurance for your home appliances in case they break down.

Welcome pack - provide the tenant with house rules so that they are aware of what is expected of them to avoid any problems later on in the tenancy.

Who Is Responsible For Repairs And Improvements?

When a property is rented, the majority of maintenance and repairs fall under the purview of the landlord.

Repairs may include but are not limited to, fixing a broken boiler, sealing broken windows, or anything else that is necessary to make the property habitable (i.e. liveable).

The landlord is also responsible for making repairs to common areas, such as stairwells that are shared by multiple units.

It would be possible for the tenant to get their money back from the landlord if they had paid for the repairs with their own personal funds.

In order for the tenant to get their money back, they will need to provide receipts and all of the evidence surrounding what exactly was repaired, why it needed to be repaired, and a cost breakdown of everything that was done.

In most cases, the tenant is responsible for any renovations or improvements made to the property, including but not limited to redecorating, insulating, or replacing old kitchen cabinets with new ones.

The renter is responsible for paying any and all costs associated with making any necessary improvements.

It is highly unlikely that a tenant will be allowed to remove improvements that have been fixed after the tenancy has ended (such as new kitchen units or paint).

Therefore, it may not make sense for the tenant to make improvements to the property if the duration of the tenancy agreement is not for extended or long period of time if the tenancy agreement.

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Getting Your Landlord To Fulfil Their Repair Obligations

Your first order of business should be to obtain a copy of the rental agreement and to go through it once more.

If you are unable to locate your agreement, you will need to request a copy from either your landlord or your agent.

Find the clauses in the lease that you believe have been violated by your landlord, and then start writing an email or letter to them.

This will provide them with notice of the terms that they have violated as well as information about how to correct the violations.

You need to include the following:

• The address of the property
• The current date (i.e. the date of writing the letter)
• The clauses that, in your opinion, have been violated.
• When you would like this issue to be resolved, please provide the date.

If the repairs aren't completed, you have the option of doing them yourself (by, for example, hiring a certified maintenance specialist or contractor) and then submitting a claim to the landlord for reimbursement of the costs. You are strongly encouraged to keep all receipts and correspondence, including invoices.

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You can also seek assistance by getting in touch with the environmental health department of your local council.

They are obligated to take action if they believe the issues could put you in danger or make others' lives more difficult.

Contact the housing department of your local council if you believe that your home may be unsafe to live in or if your house is not suitable for human habitation.

They will conduct a Housing Health and Safety Rating System (HHSRS) evaluation and have an obligation to take corrective action if they believe that your home poses significant health and safety risks.

If none of these solutions works, your only option is to take the landlord to court and ask for an order compelling him to make the necessary repairs to the property.

To be successful in obtaining an order for specific performance, a tenant will need to persuade the judge that the required repairs are time-sensitive and that all other potential resolutions fall short of meeting their needs.

Rent is only one of many responsibilities that tenants have.

In the same way that the landlord owes the tenant certain responsibilities and duties, the tenant is also obligated to fulfill certain responsibilities toward the landlord.

You should be aware of the responsibilities that come with being a tenant, and you should read the lease agreement very carefully.

Conclusion

In a nutshell, the lease is the contractual agreement between the landlord and tenant that specifies all the rules of their relationship.

It is imperative that both parties read the agreement thoroughly and completely understand all of its terms. Among a tenant's most important commitments is the timely payment of rent.

The tenant's failure to pay rent gives the landlord the legal right to seek eviction. As a general rule, landlords cannot use force to remove tenants from rental properties in the United States.

The tenant is not allowed to make any alterations to the property or let it fall into total disrepair.

Landlord is entitled to the reasonable expectation that the rented property will not be used in a criminally illegal manner.

If the landlord has any connection to illegal activities, then the landlord can take action. If the landlord knew that the tenant was using the premises for an unlawful purpose, the lease would be null and void.

In most cases, tenants are responsible for maintaining a clean and functional rental unit.

Normal wear and tear falls under the tenant's purview, but any damage that leaves the property in a worse state than when they moved in is the landlord's responsibility.

The tenancy agreement specifies the tenant's rights and obligations in relation to the property. The cleanliness of the rental unit's interior is the tenant's responsibility.

Tenants are also typically required to notify landlords of any urgent repairs that need to be made to the rental property.

A lease is a binding contract between a landlord and a tenant that specifies the rights and responsibilities of each party.

In the lease, the tenant's duties and obligations will be outlined in detail. Each party should read the lease thoroughly and ask any questions they have before signing.

Roof and electrical maintenance are two examples of the types of repairs that some communities strictly prohibit non-professionals from making.

Property owners and renters might come to an agreement about who would pay for seasonal upkeep. If you, as a landlord, fail to undertake necessary maintenance on your property, you may be held accountable for any damage sustained there.

For the most part, it is the landlord's responsibility to handle any necessary repairs or maintenance.

Tenants often foot the bill for any necessary repairs or enhancements to a rental property. If the tenant's lease is not for a lengthy term, it may not be worthwhile for them to make renovations.

By doing so, they will be made aware of the rules they have broken and given guidance on how to put things right. If the landlord doesn't fix the problem, you can pay for the work yourself and then file a claim.

You should keep all correspondence and invoices. If none of these suggestions helps, you may have to sue your landlord.

Content Summary

• When a tenant signs a rental lease agreement, the tenant is agreeing to take on a certain amount of responsibilities in conjunction with that action.
• The tenant's responsibilities and role will both be spelled out in the lease agreement.
• The payment of rent is at the top of the list of priorities for a tenant's responsibilities.
• It is important to emphasize once more that, as was previously mentioned, if a tenant fails to pay their rent, the landlord has the legal right to initiate eviction proceedings against that tenant.
• Nevertheless, in the majority of states, it is illegal for the landlord to physically evict the tenant from the rented property.
• RepairIn the same way that any holder of a present interest owes a duty to the holder of a future interest to avoid wasting resources, the tenant is responsible for minimizing unnecessary waste.
• The landlord has the right to expect the tenant to refrain from using the rental property in a manner that violates the law.
• This gives the landlord the right to enforce this duty and to take steps against the tenant should the tenant use the property for illegal purposes.
• Notifying the landlord as soon as possible about any necessary repairs is another common obligation placed on tenants regarding property maintenance.
• The tenant's rights and responsibilities regarding the property are outlined in the tenancy agreement.
• If the renter is unable to rely on the landlord to uphold the terms of this implied warranty, they may have grounds to terminate their lease and, in some cases, even sue the landlord.
• When a tenant signs a rental lease agreement, the tenant is agreeing to take on a certain amount of responsibilities in conjunction with that action.
• The tenant's responsibilities and role will both be spelled out in the lease agreement.
• Before signing a lease agreement, it is absolutely necessary for both parties to carefully read and comprehend all of the terms of the agreement.
• When the rent is due, pay it.
• Take into consideration the rights of both the landlord and the other tenants.
• Treat all tenants equally and with respect.
• Create a positive dynamic between the landlord and tenant from the very beginning.
• Therefore, it may not make sense for the tenant to make improvements to the property if the duration of the tenancy agreement is not for an extended or long period of time if the tenancy agreement.
• Find the clauses in the lease that you believe have been violated by your landlord, and then start writing an email or letter to them.
• If the repairs aren't completed, you have the option of doing them yourself (by, for example, hiring a certified maintenance specialist or contractor) and then submitting a claim to the landlord for reimbursement of the costs.
• If none of these solutions works, your only option is to take the landlord to court and ask for an order compelling him to make the necessary repairs to the property.