Renting a House: What the Landlord Can’t (and Shouldn’t) Do
What a Landlord Cannot Do When Renting a House
Living in a rented house comes with rights and responsibilities for both tenants and landlords.
While many landlords are respectful and compliant with the rules, some may overstep their boundaries.
Over the years, numerous tenant testimonies have shed light on instances where landlords took advantage of their position without regard for the tenant’s rights.
Here is a comprehensive guide to what a landlord cannot do:
Using Rented Spaces for Personal Storage
It is not uncommon for landlords to continue using parts of the rented property for personal storage, such as the basement or garage, even if these spaces are included in the rental agreement for the tenant’s use.
In such cases, tenants have the right to request the landlord to free up these areas or ask for a reduction in rent since not all agreed-upon spaces are accessible to them exclusively.
Owner’s Residence in the Rented Property
In certain instances, landlords may unlawfully reside in the rented property to evade property taxes.
To prevent this, the rental agreement must specify the landlord’s right to a portion of the property for personal use.
Without such an agreement, tenants can demand the landlord to relocate or amend the contract to allocate a specific area for the landlord’s use, subsequently lowering the rent.
Failure to comply may lead to reporting the situation to the authorities and possible legal implications.
Unauthorized Entry and Inspections
Landlords are not permitted to retain keys to the rented property for unauthorized visits or inspections.
Any access to the property must be agreed upon with the tenant and clearly stated in the contract, which should include handing over all copies of keys to the tenant.
Additionally, landlords must provide prior notice before conducting any inspections to respect the tenant’s privacy and rights.
Guests and Pets
Tenants have the right to host guests and have pets in the rented property without interference from the landlord unless specified otherwise in the contract.
As long as there are no clauses prohibiting guests or pets, landlords cannot restrict these privileges for the tenant.
Security Deposit and Damages
One common issue is landlords withholding all or part of the security deposit, citing property damages.
It’s essential to differentiate between damages and regular wear and tear.
Landlords cannot withhold funds for normal wear accrued over time.
Only damages exceeding normal use can be subject to compensation, determined and agreed upon by both parties or through legal proceedings if a mutual agreement cannot be reached.