Does your tenant disagree to vacate the house? Are they breaching the rental agreement? While these are the most commonly asked questions, do you know the renters rights for a tenant? Do you know that you have rights when a landlord breach your privacy?
A lot of tenants are not aware of their rights and this give property owners the freedom to exploit them. Tenants have rights when the landlord/agent cannot fulfill the lease obligations.
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Noncompliance with rental agreement. If the property owner or manager fails to perform the required duties, as part of the renters rights, the tenant may sue for damages or terminate the lease by giving the owner the specified notice for breach of contract.
Many leases require the termination proceedings to stop if the owner or property manager begins a good faith effort to remedy the breach by the deadline stated in the termination notice. Remedies will vary depending on the lease.
For example, under most residential leases, if the property owner or manager fails to perform the required duties, the tenant may sue for damages or terminate the lease by giving the owner the specified notice for breach of contract.
The law may require the termination proceedings to stop if the owner or property manager begins a good faith effort to remedy the breach by the deadline stated in the termination notice.
However, in which the commercial leases in the landlord’s covenants may be independent, the tenant may not have the right to terminate the lease for noncompliance by the landlord, but may be limited to a suit for damages.
Failure to deliver premises. Some states require the owner to convey only the right of possession of the leased premises to the tenant. In others, the owner must grant actual occupancy.
If the right to possession or actual possession is not conveyed, renters rights state the tenant does not have to pay rent. The tenant can terminate the rental agreement or sue for specific performance and thereby obtain possession, reasonable damages, and attorney’s fees.
It is not uncommon for a property manager to be unable to deliver possession because the previous tenant has not vacated the premises or because repairs and alterations have not been completed.
The manager should protect the owner’s interests by including a covenant postponing the beginning of the term if necessary, waiving rental payments until the tenant is given substantial possession, and requiring the tenant to take the space, even if there is some delay.
Such a clause might stipulate that:
Failure to supply essential services. Constructive eviction occurs when the tenant must actually abandon the premises due to the owner’s negligence in supplying essential services.
Examples of constructive eviction include failure to supply heat or water, failure to repair premises, or other material defaults that render the premises unusable by the tenant.
Constructive eviction is recognized by most state courts as the basis for termination of the lease, for an action to recover possession, or for a suit for damages.
For the owner’s protection, the lease should require the tenant to give notice of any failure and allow the owner time to remedy the situation before the tenant claims constructive eviction. Some state statutes prohibit the cutoff of utilities to residential tenants even if rent or utility payments are owed to the owner.
In cases of partial eviction, state statutes sometimes allow the tenant to give written notice of the breach of contract to the owner.
After allowing time to correct the breach, according to the renters rights, the tenant can take appropriate measures to obtain the services needed and then deduct the cost from the rental payments. In other cases the tenant may simply be allowed to withhold rent until the breach of contract is corrected.