What are the rights and prohibitions of the tenant?
Even though the owner/landlord may have all the power in a lease, the tenant still has a few rights of their own. They have a right to live in a clean home, make certain adjustments to the space, and live quietly without the constant disruption of the owner/landlord. At the same time, there are also a few things they're prohibited from doing. Namely, disturbing the neighbors and carrying out renovation work without the owner/landlord's permission.
What are the rights of a tenant?
It's important to remember that the rental property serves as the tenant's residence. Therefore, the tenant is entitled to certain rights upon using the property of their accord. They include:
- Living peacefully without the owner/landlord's presence
- The landlord must respect the privacy of his tenant and must not make untimely visits without warning.
- Living in a property in good condition
- The owner/landlord must offer rental housing that is up to standard and functional. If the property requires major maintenance and renovation work, the owner/landlord must pay for it.
- Making adjustments to the space
- For example, doing energy renovation work at the tenant's own expense (i.e. insulation of floors, installation or replacement of a ventilation system, insulation of an attic, etc.)
- Receiving rental receipts
- In exchange for paying the rental fee, the tenant is entitled to receive rental receipts as proof of their payment.
- Hosting other people on the property for free
- If the tenant asks the other person for compensation, it technically becomes subletting and will require the authorization of the owner/landlord.
What are the tenant's prohibitions?
Even though the rental property serves as the tenant’s residence, there are still some things they’re prohibited from doing. They include:
- Stop Paying Rent, Association Dues, and Utility Bills
- Failure to settle unpaid rent can result in a District Court case.
- Subletting without permission
- If the tenant is financially compensated for hosting another person on the property, this is automatically referred to as subletting.
- Possessing a dangerous animal
- Animals that aren’t household pets (i.e. dogs, cats, birds, etc.) are considered dangerous within a property.
- Causing disturbance
- Vacating the property without prior notice
- The tenant must follow the proper procedure in terminating the lease and vacating the property. This often includes a time period of one to a few months.
- Carrying out major renovation work without proper authorization
- Various works done on the property are considered major renovations, including:
- Tearing down a partition
- Replacing a bathtub with a shower, and vice versa
- Remove sanitary equipment (i.e. toilet, sink, etc.)
- Installing an armored front door
- Not maintaining the property properly
- By signing the lease, the tenant automatically assumes the responsibility of maintaining the property (throughout their tenancy). These include taking charge of and paying for repairs such as:
- Chimney sweeping (if applicable)
- Boiler maintenance visits
- Changing the joints when necessary
- Ensuring the proper function of the smoke detector
- Replacing switches that are no longer working
- Ensuring the maintenance and proper opening of doors and windows
- Maintaining the good condition of exhaust ducts, pipes, floors, walls, etc.
Ce qu’il faut retenir :
- Since the rental property is regarded as the tenant's residence, they are afforded a set of rights that the owner/landlord should respect.
- Despite that, there are also things that the tenant is prohibited from doing on the property within the duration of the lease.
- The landlord reserves the right to add to those prohibitions as long as it doesn't go against the rights of the tenant.
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Posted on 13/10/2022 by
Andy LECUYER
