Hello again everyone, and a happy Summer to you all....wait, it’s only Spring? The weather has been incredible lately that it feels much more like August than May. I hope that you are able to get out and enjoy the warm sunshine, unless of course you are a winter sports enthusiast! I have recently returned from a beach holiday, feeling refreshed and ready to go for the upcoming summer season, and I hope to catch up with you out at some community events over the coming months.
I have been speaking to a couple of community members recently about situations that have arisen regarding their rights as tenants. A lot of you will be renting your accommodations, and I know there are some of you that are involved on the other side as landlords of premises, so I wanted to take the opportunity to make you aware of some of the contents of the Residential Tenancies Act. It was a good refresher for me to read it, and I saw some things that I had completely forgotten about. It is always a good idea to know what your rights are as well as your responsibilities, either as a tenant or as a landlord.
For example, as a landlord it is your responsibility to provide a copy of the tenancy agreement to the tenant within 21 days, and the tenant can withhold rent until a copy is received. Also, you are not to disturb a tenant’s peaceful enjoyment of the premises other than for what is necessary to fulfil your obligations as a landlord. One thing that you may find interesting is that landlords are required to deposit security deposits into an interest-bearing account within 2 banking days of it being paid, and to pay the tenant that interest at the end of each tenancy year, or at the end of the tenancy if both parties agree. As a tenant, how many of you have changed addresses and not received any interest on your security deposit?
As a tenant, there are certain things that are expected of you. They may seem self-explanatory and obvious, but still some people fail to keep up with their responsibilities. These include being considerate to the landlord and other tenants, to not perform illegal acts or conduct illegal business on the premises, to keep the premises clean, to prevent damage to the premises, to move out when the tenancy agreement ends, and to obtain written permission from the landlord if you wish to sublet the premises.
Another thing of note surrounds inspection reports. It is mandatory for both the landlord and tenant to complete both a move-in and move-out inspection report. The premises must be inspected by both the tenant and landlord together, within one week before or after a tenant moves in and within one week before or after they move out. Both parties must sign the reports, and the landlord must give the tenant a copy of the reports as soon as they are completed. Additionally, the landlord must keep copies of the inspection reports for 3 years after the termination of the tenancy.
Regarding the security deposit, the tenant cannot forego that as a replacement for the last month’s rent, the last month’s rent must be paid. However, if there is rent due or owing at the end of the tenancy this can be deducted from the security deposit. Within 10 days of the tenant moving out, the landlord must either return the tenant’s security deposit in full plus interest, or provide an itemized statement of account if all or part of the security deposit is used to cover costs.
As you can see, the Residential Tenancies Act is more complex than you might have initially thought. Feel free to download it from the internet, or alternatively I can give advice where required. Please note that breaches of this Act are considered a civil matter rather than criminal and that police involvement is really just to keep the peace in situations where there are disputes.
As always, please look after yourselves, look out for each other, and connect with me in the usual way with any questions, comments or concerns. I look forward to seeing you all soon.
