The rising price of real estate and the scarcity of low-cost housing is making it harder for many people to buy their own homes. This is especially the case for first time buyers trying to get on to the property ladder. The situation has led to a boom in the property rental market with more people renting and for longer.
The surge in demand for rental properties has resulted in an increase in the cost of renting. Also, because of the lucrative earning potential from the rental market, there has been a relative increase in landlords buying lower cost housing to rent out, exacerbating the situation of a lack of cheap housing stock.
Those most negatively affected by this set of circumstances tend to be low earners who have to accept whatever property is available that they can afford and they are still having to pay out a bigger percentage of their hard-earned salary.
When it comes to rental properties, both tenants and landlords have rights and duties.
Duties of Tenants
When you rent a property, you should treat it with respect. You have a duty of care which involves looking after fixtures and fittings, appliances and furniture. While the landlord should have installed smoke and carbon monoxide alarms, for your own safety you need to test them regularly. Any major issues that arise which could affect the structure of the building and possibly your safety should be reported to the landlord as soon as is practical. Once the tenancy agreement has ended, the property should be left in the same condition as it was when you moved in, other than fair wear and tear.
Unfortunately, as well as unscrupulous landlords, there are tenants who seem to have no pride or self-respect for their home or the property of others and leave the landlord with large repair bills.
Landlords’ Duties
Every tenant has the right to live in a safe and secure home and it is up to the landlord to ensure that is the case. It is also to the benefit of the owner to keep the property well maintained as they may have a lot of money invested in it.
The structure should be in good condition, including the roof, walls, stairs and floors. The electricity, plumbing, heating and where installed elevators should all be working properly and safely. Doors and windows need to be able to be closed fully and securely, and the locks should be in working order. Any signs of infestations of vermin need to be dealt with by professional exterminators.
Safety Inspections
It is a good idea to schedule annual maintenance and safety inspections at a time agreed with the tenant and to keep accurate records of these. This will enable the early detection of any potential safety or structural problems before they become a serious and expensive issue.
Bad Landlords
An unfortunate side effect of the demand is a rise in the number of unscrupulous landlords who are happy to take the rent each month but abuse the rights of their tenants.
Demanding a large deposit or stating that it is non-refundable is an early warning sign of a shady landlord. The maximum deposit allowed by law varies from state to state so you should check what the applicable rules are in your location. The deposit is always refundable unless there is a valid reason to withhold it.
Your landlord can’t stop by whenever they feel like it. As a tenant you have a right to privacy which should be written into the lease. If the landlord wants to enter the property, it must be for a legitimate reason and at a time agreed with the tenant.
The landlord is allowed to raise the rent, but only at the end of your lease. Also, in some cases they are limited on how much the rent can be raised.
A property owner can obviously choose to sell at any time, but they can’t kick tenants out immediately. If you have a lease, you are entitled to stay in the property until the lease expires, unless there is a specific clause which says otherwise.
The worst landlords are those who don’t address issues that affect the health and safety of their tenants. It is unacceptable to fail to fix reported problems with the electrics, heating or plumbing which leave the property in a dangerous or unsanitary condition.
If a landlord wants to evict a tenant, they must go through the proper channels to gain an eviction order. It is illegal for them to cut off utilities or to change the locks in order to force the tenant out.
Claiming Compensation from Your Landlord
Generally, it is in the interests of both the landlord and the tenant of a property to get along. The landlord gets an income from their investment and the tenant has a nice, well-maintained home.
However, what happens when things go wrong? If you have an accident or have a health problem directly related to the negligence of your landlord, you may be able to file a claim against your landlord for compensation.
The liability of the landlord usually arises from them failing to fix a health or safety issue that has been reported to them. For example, a broken stair tread that causes you to fall and injure yourself, a health problem arising from mold on the walls, electric shock from faulty wiring or damage to your property caused by damp or a leak.
You can claim for medical bills, loss of earnings, disability, disfigurement and damaged personal property.
You might have to prove that a dangerous condition was not fixed in a reasonable time, the landlord had adequate notice of the problem, the loss or injury was due to the failure to fix the problem and that the injury was foreseeable if the issue was not fixed.
The best way for you to cover yourself is to put any request for repairs in writing and keep copies and take photographs of the problem.
If you think you have a valid claim for compensation from your landlord, consult a legal expert who will advise you on the procedure.
