Rights & Obligations Of Tenants Without Lease Agreement

by admin

Every Country Jurisdiction has Standard Lease Agreements that must be authorised by the relevant Authority. Most Lease Relationships follow this process, which safeguards the interest of the LandLord as well as the Tenant.

Since the Tenant gets full possession of the asset – the property, one may say the Lease Agreement safeguards the Landlord more than the Tenant. However, it is peace of mind for both Landlord and Tenant to have a Lease Agreement recognised by the local Laws.

However, sometimes a Landlord may allow a Tenant to occupy a Property without a Written/Standard Lease Agreement. This often happens when the Landlord and Tenant know each other as Friends, Colleagues, or Relatives. The Tenancy terms could be agreed in Chat Messages or simply Verbally.
Even in such cases where there is no Written Lease Agreement, both Tenants and Landlords are entitled to Rights and Obligations and protections under the local law.

The Specific Rights and Obligations of Tenants and Landlords may vary depending on the jurisdiction, here is a compilation of some general Rights and Obligations of tenants.

OBLIGATIONS OF THE TENANT 

  1. Obligation to Pay Rent: The Tenant must pay the Rent Agreed within the Agreed Date.
  2. Obligation to comply with the Rules: The Tenant must follow the Rules set by the Landlord and by the Home Owners Association (HOA)
  3. Obligation to give Notice before Move-Out: The Tenant must provide reasonable Notice before moving out. The notice period helps the Landlord reconcile any outstanding as well as inspect the Property for any damages and settlement discussions.

RIGHTS OF THE TENANT 

  1. Right to a habitable living conditions: The property provided by the Landlord to Tenant must be safe and habitable. The landlord must ensure structural integrity as well as availability of essential amenities like electricity, water, heating/cooling (depending on geography). 
  2. Right to Privacy: The Tenant’s privacy cannot be invaded by the Landlord. The landlord must seek the permission of the Tenant to enter the Property except in case of Eviction which must happen after giving reasonable eviction notice. Also, in case of any emergency (e.g., fire, flood , medical etc.) the Landlord can enter the Property without waiting for Tenant’s permission
  3. Right to legal defense: In case the Landlord files any court complaint regarding the Tenancy, the Tenant has the right to appear in court and defend their case
  4. While these Basic Obligations and Rights apply to the Tenant and Landlord without a written Lease agreement, it is recommended that a Written Lease Agreement complying with local laws as well as authorized by the relevant authority is created.

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