Housing Tenancy Agreements
In order to avoid confrontation and disagreements, a landlord and tenant should always enter into a formal, written housing tenancy agreement. This is a contract that sets out the rights, responsibilities and expectations of the landlord and tenant during the tenancy and when it is curtailed. A housing tenancy agreement must give a tenant the minimum of his legal statutory rights as set out in state and local municipal tenancy codes. A formal tenancy agreement should not be neglected even if the landlord and tenant are friends or related. Nothing sours a relationship quicker than disagreements that could, ultimately, end in legal action. The housing tenancy agreement will cover wide-ranging issues related to the tenant's occupation of a property. Laws vary from state to state, but generally include rights, rent, termination and deposit details.
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Rights of Tenants
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The tenant has the right to privacy and the exclusive use of the rented area. A landlord may not enter the property without giving prior notice, unless in an emergency or unless repairs have been scheduled. The tenant also has the right to a safe and habitable home. The home must be free of pests and comply with regulations pertaining to electrical wiring, plumbing, heating and weatherproofing. The tenant also has the right to be given notice if the landlord requires him to vacate the property.
Rights of Landlords
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The landlord has the right to receive rent in a timely manner for the rental of the property, and the right to have the property undamaged upon return of property at the end of the tenancy. He may inspect the property during the tenancy, providing he has given prior notice of the time and date of inspection. He also has the right to end the tenancy in compliance with laws that set out the terms for giving notice. In the event that the landlord finds it necessary to evict a tenant, he must act in accordance with the law and evict the tenant in a legal manner.
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Rent
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The tenancy agreement will specify the amount of rent to be paid and when and how it is to be paid. Most tenancy agreement are on a month-to-month basis. This means that rent is due once a month and the agreement continues until either the landlord or tenant decides to end it, giving one month's notice of that intent. A landlord may increase the rent, and must give one month's notice of his intention to do so. In some locations, local municipalities impose rent control, and rents may not be raised more than a certain percentage each year. These details should be included in a tenancy agreement.
Deposit
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The landlord can require a tenant to pay a security deposit. This protects the landlord in the eventuality that the tenant fails to pay the rent or causes damage to the property above and beyond what is considered normal wear and tear. The deposit will be returned at the end of the tenancy, once an inspection of the property has been undertaken by the landlord and it has been determined there is no damage beyond normal wear and tear.
Responsibilities
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The tenancy agreement will also set down the tenant's responsibilities. This will include issues such as not causing a noise nuisance, not conducting illegal activities within the property, not hoarding trash or causing fire hazards, and not sub-letting or overcrowding the property. The agreement will also specify whether or not the tenant may keep pets, what type and how many.
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