Author: Lucrezia Miano
The lack of a tenancy lease can affect the rights of the landlord and the tenant. Obviously, a detailed and well-written lease agreement offers guarantees for both parties. But what to do if the written contract does not exist? This article explains the obligations and rights of the landlord and tenant when there is no contract. In addition, you will find tips on how to draft a tenancy agreement.
The landlord’s position when there is no lease
The landlord is entitled to receive the amount of money agreed with the tenant every month. In addition, it may demand the security deposit from the tenant. However, the security deposit must be returned to the tenant at the end of the tenancy. The landlord can also evict the tenant if he does not pay and if he carries out dangerous or illegal activities inside the house. If the landlord wants to evict the tenant, he must give the tenant formal notice in advance so that the tenant can find another dwelling or can remedy the violation that caused the eviction. It is important to emphasise that the landlord can only evict the tenant for legitimate reasons. Finally, the landlord is entitled to the return of the flat at the end of the rental period.
Tenant's rights in the absence of a contract
The tenant has several rights, even without a written lease. First of all, the house must meet safety standards: electrical, water, heating, structural safety must be guaranteed. Moreover, the tenant is entitled to respect for privacy, so if the landlord wants to enter the dwelling, he must give the tenant reasonable notice. Obviously, however, if there is an emergency, the homeowner can access it immediately. The tenant must not be discriminated against on the grounds of race, religion, disability, nationality or other personal conditions irrelevant to the lease. In addition, the tenant may ask the landlord to make all necessary repairs inside the house within a short period of time.
How to draw up a rental agreement
Having a written contract allows you to reduce problems and fix the duties and rights of both parties. That is why it is always preferable to have a formal, written agreement.
Tenancy agreements must comply with local laws and respect the rights of the landlord and tenant as set out above. To avoid legal battles and disputes it is necessary to be as clear as possible when drawing up a lease. You must use precise and legally specific words. It is necessary to fix the duration of the contract and the amount of money the tenant must give the landlord each month. Also, point out the responsibilities of both parties, specify who is to take care of maintenance, and point out if there are any restrictions or limitations on what the tenant can do inside the house. Finally, specifying in detail what services and guarantees are included in the lease protects both the tenant and the landlord.
Conclusion
In summary, the lack of a written tenancy agreement can create uncertainty and conflict between landlord and tenant. However, both parties have rights and duties that must be respected to ensure their harmonious cohabitation. To avoid legal disputes, it is essential to draw up a clear and detailed contract specifying all aspects of the lease. Remember that compliance with local laws and the use of legally precise terms are essential to protect the rights of both parties. Consulting a legal professional is a good practice to guarantee that the contract complies with current regulations. In this way, both owner and renter can enjoy a transparent and secure tenancy relationship, with the peace of mind that comes from well-defined agreements.
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