Rights of tenants & landlords
What can a lessee do if a lessor takes their rent money but doesn’t respond when something needs fixing?
YOUoften hear horror stories about unruly or difficult tenants, but landlords can also be a thorn in a tenant’s flesh. We debunk a few myths about the rights and responsibilities of both tenants and landlords.
MYTH
The tenant is responsible for maintenance of the rental property.
FACT
Most rental agreements have terms and conditions stipulating who’s responsible for what in terms of maintenance and repairs. If not, the Rental Housing Act states that it’s the property owner’s responsibility to ensure the rental property is maintained in a manner suitable to the purposes for which it’s being let.
That means the owner has to perform any maintenance necessary to ensure the property can be lived in – for example, replacing broken roof tiles or repairing damp in the walls. The owner is also responsible for electric wiring (such as the alarm system) and plumbing (geyser and so forth).
But the tenant is responsible for taking good care of and not damaging the property. For example, if the tenant breaks a window they’re responsible for paying for the repair. If there’s any uncertainty about who’s responsible for what, or one of the parties neglects their responsibility, contact the Rental Housing Tribunal (see “Get help here”).
MYTH
The owner can visit the property at any time without the tenant’s permission.
FACT
No. Although the owner has the right to visit the property, for example to check if repairs are necessary, they have to notify the tenant in advance.
The visit also has to take place at a time that suits the tenant. But the tenant isn't allowed to refuse the owner access to the property.
MYTH
The owner can refuse to return a deposit.
FACT
The tenant is entitled to get the deposit back with interest (the Rental Housing Act stipulates that the deposit should be kept in an interest-bearing account) – provided they didn’t damage the property.
Remember, tenants are required to leave the property in the same condition it was when they moved in. So if the tenant, for example, broke a bathroom mirror or burnt a carpet with cigarettes, the owner is entitled to use part – or all – of the deposit for repairs.
If the tenant damaged the paint on the walls, the deposit can pay for having it repainted. That’s why it’s important for the owner and the tenant to inspect the property together, both before moving in and before moving out. Whatever’s left of the deposit after damages have been covered is due to the tenant.
If there’s no damage to the property, the deposit usually has to be returned to the tenant within seven days after they’ve done an exit inspection together.
In other words, the owner isn’t allowed to use the tenant’s deposit to upgrade the property after the tenant leaves, but it can be used to pay any outstanding debt such as a utility bill the tenant neglected to take care of.
MYTH
The deposit can substitute rent once the tenant gives notice.
FACT
No. The owner isn’t allowed to use the deposit as rent money while the tenant still occupies the property and the tenant isn’t allowed to ask that it be used that way.
The deposit has to be set aside to cover any damages or debt, as explained in the previous section.
MYTH
The owner doesn’t have to provide invoices.
FACT
If the owner doesn’t provide an invoice for rent paid, the tenant has the right to ask for one. It must contain information such as the date of issue, address of the property and reason for payment.
If the owner refuses to issue an invoice, the tenant has the right to contact the Rental Housing Tribunal.
MYTH
The owner can attach the tenant’s property if rent isn’t paid.
FACT
The owner may attach the tenant’s property (such as furniture) to sell in order to make up for unpaid rent, but a court order has to be obtained. Once it’s been issued, the sheriff of the court can confiscate property to the same value as the rental money owed.
But if the owner confiscates the tenant’s property without a court order, it’s theft and the tenant can lay a criminal charge.
MYTH
If the property is sold, the tenant has to move out immediately.
FACT
No. Even if the owner sells the property, the rental agreement takes precedence. It’s the tenant’s legal right to live in the property until the rental contract expires.