Renting a property: the law and you

Renting through a real estate agent can be a painful process; an endless stream of forms to fill out and competition from other hopeful tenants seems almost designed to turn you off completely before you’ve had time to think about removing the furniture from your old place. Many people, therefore, will rent privately directly from a property owner. There are advantages and disadvantages to this choice.

Dealing directly with the property owner eliminates the middleman, but there is also the danger that he or she may not know the law that binds them, or worse, may not particularly care. The owner of the property may be a relative, a family friend, or an acquaintance of some kind, but this does not change the fact that you are entering into a legally binding agreement in which money regularly changes hands.

Regardless of your association or relationship with your potential landlord, it is always a good idea to complete and sign a lease. This is a legal document that binds both the tenant and the landlord and can be easily found online. The details of a lease differ from property to property, and your rights can change drastically from place to place. It is important to know where you stand legally in matters related to your rental property. This article will give a quick overview of the general rights and responsibilities of both tenants and landlords.

Money matters.

• To jump. A bond is an amount of money that the tenant pays to the landlord as security against property damage, unpaid rent, or any other breach of the lease. The amount can vary, but is generally an amount equal to two to four weeks’ rent.
• Rent payment in advance. In addition to a security deposit, you may need to pay several weeks’ rent in advance. The rent will be agreed upon by both the tenant and the landlord, and if you are paying, say, two weeks in advance, you should always specify the time period covered for each rent payment.
• Bills. The landlord can split all, part, or none of the utility bills. Bills are usually paid by the tenant, but the landlord may pay for things such as fixed charges on water bills.

Rights and responsibilities.

• Property maintenance. The landlord is responsible for ensuring that the property is clean and fit for living at the beginning of the tenancy, and is responsible for a reasonable level of maintenance throughout the tenancy term. If the tenant is responsible for the upkeep of the property, this is usually reflected in the rent and should be made very clear at the beginning of the tenancy.
• Property damage. At all times, the property must be considered ‘fit for living’. Urgent repairs due to fault or damage not directly caused by the lessee must be repaired as soon as reasonably possible. Any damage to the renter’s property due to the lessor’s negligence is the responsibility of the lessor. Property damage caused by the tenant’s direct action is the responsibility and legal action may be taken unless the matter can be resolved privately.

Leasing agreements are the backbone of the rental process, outlining what is required of both you and your landlord in terms of rights, responsibilities, and money issues. This should always be your first step in renting a property. It pays to be clear about exactly what you are signing, as ignorance of the law will not excuse you if your landlord takes you to court over a minor matter. Regardless of your association with the landlord, a lease is a binding document that must be honored. It pays to be clear on what you are signing.