Tenancy Contracts: 6 Reasons Why You Should Let A Property Lawyer Look At That Contract Before Signing
by Susanna Phillips
In most rental contracts, the landlord is the only party that seeks legal counsel. However, this does not have to be the case always. You as the tenant should also seek to have a lawyer go through the contract first. This is the only way to ensure that your interests have been considered as well. If everything checks out, then you may proceed to sign.
Below, read about 6 major concerns that underline why this is so important.
Obligations of the property owner
As you'd expect, most landlords will ensure that the tenancy contract has emphasized on what your obligations as a tenant are. This is well and good as you need to know what these obligations are anyway. However, does your contract stipulate what the landlord's obligations are? They should provide you with a clean space to live in, security, easy access to the property, functioning amenities, etc.
Tenant rights
The tenancy contract should also spell out what your rights as a tenant are. This is to protect you from intimidation or harassment during your stay. For example, the contract should note that you are entitled to enjoy peace and privacy during your stay. It's also your right that the property owner maintains the property if a malfunction occurs—such as a broken HVAC unit or pipe.
Payments & modalities
Costs are a big factor in tenancy circles. As such, it is best to have all costs noted down in the contract. This includes the rent, deposit payments, and any taxes, if any. The contract should also explain the payment modalities. That is, by which date should rent be paid, how it should be paid, etc.
Liability
As a tenant, the property owner should shield you from liabilities that occur due to faults within the property. This way, you will get compensated for injury, property damage, lost income, and other loses you incur due to the landlord's negligence or fault. For example, injury due to a broken staircase.
Termination of tenancy
When should your tenancy be terminated and under what circumstances? This is a critical part of the contract that should protect you from unfair eviction. The contract should outline how much notice you should be given during tenancy termination and what will happen to rent already paid under such an occurrence, as well as when your financial remittances should be made.
Conflict resolution
Conflicts are bound to arise due to various issues surrounding your tenancy and your relationship with the property owner. Does the contract provide guidelines on how such conflicts will be handled? Your lawyer can suggest softer approaches such as mediation, arbitration or going to the rents tribunal before other measures such as litigation can be used.
Legal advice in regards to your tenancy agreement will help you get fair favour in all the above issues, lest you find yourself under the mercies of your new landlord {read more online}.
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About Me
Hello. I'm Mark and I am the manager of a successful modelling agency. It is my job to ensure that our models are well cared for and generate positive publicity for the agency. Sometimes that can be quite challenging and I spend a lot of time liaising with our legal team. From clients who refuse to honour contracts to models who are facing charges themselves, I am constantly dealing with legal issues. Over the years, I have become quite familiar with a range of laws and legal processes. My friends and family consider me to be a veritable fount of information when they have legal questions. I have decided to compose this blog in order to address the issues I most commonly deal with. Please browse at your leisure.