Many times, landlords and tenants enter into a lease agreement and expect that both parties will adhere to its terms. However, there are common lease issues that can lead to disputes.
Failure to repair
Landlords have an obligation to provide a habitable residence for their tenants. This means that the building must have hot and cold water, be structurally safe and must have working plumbing, heating and electrical systems.
If the landlord refuses to fix these items after the tenant has notified him or her of the issue, the tenant may have a claim against the landlord. The tenant may be awarded the difference between the rent paid and the rent that should have been paid based on the property’s condition.
There are several reasons a landlord may want to evict a tenant from the premises, but he or she must give the tenant adequate notice first. This includes when the tenant does not leave the premises at the end of the lease, fails to pay rent or causes damage to the property.
If the tenant fails to pay rent, most landlords will provide the tenant with a certain number of days to pay. For tenants who habitually fail to pay rent, the landlord may have an option to immediately terminate the lease and may need to go to court to remove the tenant.
In situations where the tenant does not leave or fix damages, the landlord may also need to go to court to remove the tenant from the property.
If a landlord or tenant has a dispute and needs assistance to understand their rights, there is help available.