by Don Kwikshot

Created on: January 17, 2009   Last Updated: December 16, 2010

Landlord/Tenant Disputes

A rental contract, once you are familiar with the basic guidelines, is quite simple. It states the rights and responsibilities of both parties to each other in writing. Disputes can arise even over the most simple lease, however, and in order to be sure, you should consult an attorney before signing any contract.

The lease contract sates as follows:

The Landlord's responsibility is always to maintain the exterior of the property and to ensure that the property is handed over to the tenant at the beginning of the lease in good condition. In other words, all electrical installations on the property must be working (heating system, hot-water heating, stove-points etc). If at any stage any of these systems break down due to wear and tear, then it is usually the tenant's responsibility to have them repaired at his own expense.

The Tenant's responsibility is always to pay the rent timeously, to maintain the interior of the property, to adhere to any municipal laws, to pay electricity and water accounts, and to use the property for the purpose for which it was leased to him.

A lease document should state quite clearly the address of the property and the names of both landlord and tenant, together with their legal addresses (for the purpose of any written communication). It should state the monthly amount of rental payable, and when this should be paid, and the period over which the lease shall be valid in other words, the start date and the closing date. There will always be a deposit payable, and this deposit, together with any interest earned on it during the period of the lease, should be deposited with the landlord's attorney. This deposit is called for in order to ensure that, should the tenant not abide by the conditions of the lease, it can be retained by the landlord against any claim he may have for damages at the end of the lease.

A tenant should be given a period at the beginning of the lease in which he can notify the landlord, in writing, of any defect in the property, which it is then the landlord's responsibility to put right. If the landlord then fails to remedy the fault, it cannot be used at the end of the lease by the landlord to withhold the repayment of the deposit. However, if such a defect in the property existed, but the tenant failed to notify the landlord of its existence, then he may lose his deposit at the end of the lease.

The tenant may at no time make any structural changes to the property and here is where most

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