What Are the Rights and Responsibilities of a Tenant?
A leasehold is an interest in land that provides certain rights and responsibilities to the holder. A common leasehold interest arises in a landlord/tenant relationship. The rights are largely controlled by the lease agreement between the parties. Some general rules also apply even if the lease is silent regarding those rules.
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Duty to Pay Rent
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The nature of a landlord/tenant relationship is contractual; some form of valuable "consideration" must support the rights and obligations between the parties. Typically, the tenant must pay money to the landlord as rent. In return, the landlord allows the tenant to remain on the property and to use and enjoy it. If the tenant does not pay rent, the landlord can seek to evict the tenant from the property. Landlords cannot raise rent without notice to the tenant, and local laws can affect how much a landlord can charge. Market conditions usually dictate the amount of rent. In some cities, such as New York, rent control laws and ordinances are in place that set rent prices.
Right to Habitable Premises
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The right to use and enjoy the premises comes with a guarantee that the property will be fit for human habitation. This does not mean that the landlord needs to repair every defect in the space; however, it does mean that the property must be safe and humane. If a defect arises that affects the habitability of the premises, the landlord is obligated to repair it -- provided the tenant did not intentionally create the defect. This right also extends to safety issues. Landlords must provide adequate locks on the buildings and ensure that common areas have adequate lighting.
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Right to Privacy
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Tenants have the right to privacy inside the leased property. A landlord cannot enter the property without the tenant's permission. If the landlord must enter the property for inspection or repairs, the tenant is entitled to adequate notice prior to the landlord's visit. Once inside, the landlord is not free to rifle through the tenant's possessions or otherwise invade the tenant's privacy. The landlord's visit is limited to its purpose.
Obligations Under the Lease
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The lease may impose additional obligations on the tenant. For instance, the lease may prohibit the tenant from having a grill or a fire pit on the premises. Tenants must respect the property and may be required to pay for repairs beyond normal wear and tear of the apartment. Tenants must read the lease agreement carefully to determine their exact rights and obligations.
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