Leases are documents that contain the laws, rules and regulations as a record of the contract between the landlord and the tenants. In most cases, oral leases are the most commonly used methodology of tenant-landlord consensus. Usually, in this type of lease, monthly to monthly agreements are arrived at. As a result, cordial and mutual understanding between the landlord and his tenants are arrived at. The law, however, disqualifies this type of law simply because in the case of emergency disagreement between the tenant and the landlord, there is insufficient proof or evidence in an event of such difference occurrence.
Rights and Responsibilities of a Tenant.
Tenant has rules that fall into two categories for which they should follow: residential tenancies act and rental agreement rules. (“Laws for Landlords and Tenants in Alberta”, 2015)
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Residential Tenancies Act. In this act, the tenants have no otherwise but to observe the rules here. Otherwise, this bill gives the landlord the right to seek justice in court. These are usually seven of them, and they include: rent payment, keeping the unit clean, non-interference with the units of the landlords and of other tenants, cannot do illegal activities, no threatening of other tenants, evicting the premises in the event that a tenant has been given an eviction notice in time, changing of locks without the owners permit.
Contractual Requirements
This is the of regulation in which agreement is in between the tenant and the employee. They include: smoking permit within the apartment, allowing of pets and what type of pets and how to manage them to avoid inconveniences, in particular, areas such shoveling of snow or cutting of grass lawns. As a tenant, it is legally right to pay rent in time. Usually, by the fourth day of the beginning of every month, the resident should have settled the rental dues in time. After this period is passed, it is only right for the landlord to take on a legal action such as the tenant's eviction. In most cases, due to unavoidable circumstances, the tenant has the responsibility of approaching the owner and ensuring the landlord of the time the rent will be due. The environment in which a resident lives does not only belong to him but also belongs to other residents who live in the same apartment. Therefore, it is undebatable that such an environment should be kept clean. The responsibility of a tenant is to ensure that disposable of items such as garbage are put in the correct place.
In the same level of the environment, some individuals within the apartment might come very late in the night from a tiresome job and require that serene and tranquil environment just to lay and relax. Therefore, noise levels should be kept at manageable levels within the tenant. Tenants do have guests, friends, and visitors. Some of this friend normally can be very jumpy and clumsy. The responsibility of a tenant is to ensure that the damages caused as a result of such occurrences are handled within his domain. The landlord at this point is never to be held responsible for any damages. Were it not the fault of a tenant to cause damages within his house. Therefore, it is only legally right for the tenant to inform the landlord of any damages in due time. Tenants have to be courteous enough to give room to the owner in the report of a damage incident for the landlord to investigate the place for the purpose of repairs.
If the tenant is on a long journey or away for such a long while, then it is only right for the tenant to inform the landlord that he might be away. This is to ensure that the property left in that place is taken care of and looked at for in the case of thuggery
The tenant has to give notice to the landlord early in advance in the case that he wants to evict the premises. This notice is fair to the owner in that he will be able to monitor the conditions of the place for the purpose of the next tenant.
Rights and Responsibilities of a Landlord
Residential Tenancies Act
Similarly, these rules allow tenants to seek justice in the court of law. The landlords are obligated to observe that they: do not interfere with the tenant’s possession or the peace that the tenant has in the rented unit. They should ensure that the minimum housing and health standards are met, provide a signed copy to the tenant in the case of a written lease. Also, they should provide a way of the tenant to keep in touch in the event of anything, provide sufficient time to end a period tenancy, provide around three months’ notice in the case that there is rental increment and pay security deposits.
The landlord is obligated to provide a clean apartment to the tenants. The common areas such as the hallways, stairs and yards should be clean as they have tendencies of captivating the resident’s eyes.
The landlord has the responsibility of ensuring that the systems such as the drainage systems within the apartment are functioning properly. The water taps and bathroom showers are also well to be guaranteed that they are well functioning.
Landlords should not provide any chance for a suspicion of insecurity. Therefore, it is obligated that the owner ensures proper security for the tenants. Provision of real gate locks as well as door locks is primary key. The secondary requirement might include security guard employment or the installation of well advanced technological CCTV.
As an obligation, the landlord is supposed to ensure safe and well eradication of garbage and waste products from the apartment and the vicinity. The environment of the tenants should be paramount. In the case of fire emergencies, it can be dangerous for the whole apartment to be destroyed by fire. Thus, the landlord has to ensure that and exists fire plan is in place for the tenants as well as the fire extinguishers are positioned difficult strategic location. Where there are pests and insect infestation, the landlord has the responsibility of ensuring that the extermination of pests and insects in the apartment.
Mitigation of Legal Duties
It is the duty of the tenant to check and make sure that the apartment is in good condition before he fully moves into that house. Roger was a good tenant. Before proceeding into that new apartment, he made sure that he had made a prior visit to check the conditions of the new place. Having been satisfied with the situation, he decided to move in. As a new tenant, Roger had done the right thing by checking the apartment before in. However, it was so disappointing for Larry Landlord to mistreat the tenant. As a landlord he had to make sure that the life Roger was comfortably excellent. In the house that Roger moved in, there had been previous tenants who might have as well informed the landlord of the roof leakage. Moreover, the Larry violated on of the rules and regulations that he was supposed to have checked the conditions of the house before Roger moved in. The dishonesty part of Larry came in when he had not informed Roger of the leakage in the roofing before Roger moved in.
In as much as it is recommended that the landlord and the tenant are supposed to inspect the house before the tenant moves in, it is rather obvious that Roger would not have seen the leakage at the roof. The Landlord, in this case, failed to mitigate his duties accordingly. As a good tenant, Roger did the right thing to inform Larry of the damages. The virtue of patience exercised by Roger clearly shows that the tenant was indeed a principled person. Also as a good tenant, Roger persevered the roof leakage for yet another month before he called the landlord to remind him of his duties. In the incidence of the second ringing of Larry, he responded inappropriately. As a human and as a tenant, Roger had the right to get angered and express his anger. In the process of expressing anger, more damage was caused which is believed to have been as the result of the poor management by the landlord.
When the Landlord finally decided to go and inspect the leakage and found out that more damage had been done, he was supposed to necessary repair the leakage in which the tenant had asked for. According to “Rights and Responsibilities of Landlords and Tenants in Connecticut” (2016), the tenant is supposed to repair any damages that are as a result of personal, guest or friends damage. Furthermore, Roger had only asked Larry to improve the leakage of the house. That means that Roger as a tenant he would have been obligated to repair the damaged that he caused by himself.
Legal Grounds
Technically, the Larry had no legal grounds of evicting Roger from the house. This is because Roger took the burden of following the procedure of addressing the home issues to the appropriate person Larry. He further took his time to exercise patience and waited for another rainy season with leakage at his house, yet he addressed it to Larry. Much trouble was taken when he wrote to Larry concerning the same. Legally, Roger had the right to remain as a tenant in the house. On the other hand, the Larry slackened in executing his duties. The landlord is supposed to take the shortest time possible to respond to the complaints of a tenant. (“Housing Executive”, 2016). Larry is expected to put the residents complaints as a priority. He was also scheduled to take things seriously such as the one Roger had. According to the “Laws for Landlords and Tenants in Alberta” (2015), it is acknowledgeable for a landlord to a patient with his tenants and to exercise the virtue of humility and a sense of responsibility to them. Larry, even after being informed severally of Rogers incidence, he responded inappropriately that could easily annoy the tenant. The approach to which Larry took in response to the problem that Roger had was not that of a good landlord. Basing on the rules and regulations, as well as ethics of a tenant to landlord relationship, Larry had no standing grounds of evicting Roger from the house.
References
Alberta real estate foundation. (2015). Laws for landlords and tenants in Alberta: Responsibilities. Retrieved from www.landlordandtenant.org/responsibilities/
North Ireland housing executive. (2016). Housing manager: the basic responsibilities of landlords and tenants. Retrieved from touch.nihe.gov.uk/index/housing/advice/renting_privately/advice_landlords/general_guidelines_landlords.htm
Rights and responsibilities of landlords and tenants in Connecticut. (n.d). Retrieved from https://www.jud.ct.gov/
