Saturday, 12 July 2014

Responsibilities of Landlords & Tenants in Trinidad and Tobago

This is another area of law that generates a lot of questions, so here are some of the rights and obligations of landlords and tenants in Trinidad and Tobago.

Tenants obligations:
  • Pay rent in full and on time
  • Make sure the house or apartment is used mainly for living purposes
  • Keep the property in good order (except for normal wear and tear)
  • Inform the landlord if repairs are needed and give the landlord access to the property to carry out repairs
  • Give the landlord access (by appointment) for routine inspections
  • Inform the landlord of who is living in the property
  • Not to cause disturbance, nuisance or annoyance to neighbours and not to allow visitors to do so. These actions include, but are not limited to:
o   persistent, excessive noise;
o   verbal or physical abuse of neighbours;
o   racial or sexual harassment;
o   vandalism in the neighbourhood or damaging neighbours' property
o   drug use or selling drugs.
  • Comply with any special terms in the tenancy agreement, verbal or written
  • To give the landlord written notice when you wish to end the tenancy
  • Not carrying out alterations to the property without the landlord’s permission

Tenants rights:
  • Make emergency repairs, which are the responsibility of the landlord, and deduct it from the next month’s rent (receipts MUST be shown)
  • Break the lease and move out immediately if the dwelling is no longer habitable and the living conditions are unbearable. This can be considered a “constructive eviction” and in extreme cases, can be actionable.



Landlords obligations:
  • Make sure that the property meets minimum standards of health and safety (lighting, water, sanitation, ventilation, etc.)
  • Repair and maintain the interior and structure of the property to the standard it was in at the start of the tenancy
  • Repair and maintain the structure of the property
  • Reimburse tenants for any repairs they carry out which are the responsibility of the landlord
  • Ensure the tenant knows how to contact you (or your agent)
  • Give tenants at least a month’s notice for rent increases
  • Provide tenants with a valid notice of termination (in writing) if terminating the tenancy.
  • To follow the correct legal procedures if they want you to leave (illegal evictions can result in litigation)
  • Return deposits to the tenants (unless they have not paid the rent or have damaged the dwelling)

Landlord rights
  • Enter the premises with the tenant’s permission (usually you have to give 48 hours’ notice) OR without permission if there is an emergency
  • Give eviction notice at any time




REPAIRS
Landlord repairing responsibilities:
  • the structure and exterior of the property, including exterior paintwork, drains, gutters and external pipes;
  • the interior of the property other than matters covered under tenant responsibilities (see below);
  • any installations for the supply and use of water, gas, electricity and sanitation (including baths, sinks, wash-hand basins and toilets);
  • any appliances provided by the landlord under the tenancy for making use of the supply of water, gas or electricity;
  • any fixtures, fittings and furnishings provided by the landlord under the terms of the tenancy;
  • keeping in good repair any common areas or areas required for access;

Tenant repairing responsibilities:
  • making good any damage to the property caused by the behaviour or negligence of the tenant, members of his/her household or any other person lawfully visiting or living in the property
  • keeping the interior of the property in reasonable decorative order

148 comments:

  1. Separate to the Landlord tenant agreement (but indirectly related), is what happens to rental earnings taken by the landlord. Are Landlords (in general) normally required, by law or regulation, to declare rental income to the BIR?

    This may seem like a silly question if the answer should be obviously in the affirmative. However, I'm asking the silly question because a recent visit to T&T (and I'm an exiled T&T national), led me to pick up that a sizeable proportion of Landlords pay declare no rental earnings to the BIR. This has become cultural practice - as it is so widespread, especially in Tobago.

    So I'm wondering if you have a factual reference that I can access, setting out the obligations (if any, or whatever) for landlords to declar rental income.

    Many thanks.

    Walker.

    ReplyDelete
    Replies
    1. Rent is considered to be non–emolument income and tax is payable. There is even a penalty for non/late payment of these taxes.

      You sound surprised that laws aren't being followed or enforced in Trinidad and Tobago...

      Delete
    2. Hi, I'm wondering if there are any laws in T&T that states that you the (landlord) have to register your property before it can be leased to tenants..

      Delete
    3. Section 11 of the Rent Restriction (Dwelling-Houses) 1981, as amended. However, the Board is inoperative, so it can't be done anyway.

      Delete
    4. thank you for the information..I allowed a tenant to move in under the promise to pay the security deposit within two months..six months later the tenant has made no attempt to pay anything towards that outstanding agreed payment..Therefore my question is... Can a landlord legally evict a tenant before their lease is up..If the tenant refuses to pay

      Delete
    5. Not without a court order... but there is always a way to get around things. Send me a private e-mail.

      Delete
    6. I have the same problem, and I need some help.

      Delete
  2. Can I get a link to the Act which lists these responsibilities or any other legal source?

    ReplyDelete
  3. Can I have your email address to privately contact you?

    ReplyDelete
  4. Hi
    Property that i'm a tenant of has been sold. I hold a 5 year lease which the new landlord wants to change can that happen? also he wants to up the rent.

    ReplyDelete
    Replies
    1. He can't change your lease because the landlord has changed. The new landlord "steps into the shoes" of the previous landlord and this is a principle that has been consistently upheld since its inception.

      Concerning rent, what does you lease say about it?

      Delete
  5. Hi, i would like to know if i have given my landlord notice that i will be terminating the lease {moving out) at the end of the month can he start bringing new potential tenants into the house to view while i still occupy the place.

    ReplyDelete
    Replies
    1. Not without your permission. It's a breach of your implied right of "quiet enjoyment" of the property as a tenant.

      Delete
  6. I searched your site for an email address to privately contact you but did not find one. I even checked under 'About me' and 'view my complete profile' and still nothing. Please advise on how I can contact you. Thanks.

    ReplyDelete
  7. Hello, I recently acquired a property with a tenant. The lease with the previous owner expired two months before I assumed ownership of the property. He opted to remain a month to month. Now, due to irreconcilable differences I need to evict him. What can I do?

    ReplyDelete
  8. Hi, I am a landlord and my tenant subleased my property without my permission and he raised the rent to the potential new tenants. What can I do if I want to terminate his lease agreement which clearly states that he was not to sublease to anyone.

    ReplyDelete
    Replies
    1. That's a breach... put him out immediately and let the current tenants know the situation and you then create the tenancy with them directly.

      Delete
  9. Good day.
    I have been doing some research on the rights of non-citizens of Trinidad and Tobago and have not been getting much information online. Could you give me some information on the rights of non-residents in Trinidad and Tobago such as visitors and persons under permit, etc.
    I would really appreciate it.

    ReplyDelete
  10. Hi
    I am a tenant but another tenant who lives above me always drags furniture,stamps feet,parks badly so much so that at times I can't even get in or out my parking spot properly.i have complained to the landlord but the tenant never listens.this has been going on for a year now.

    ReplyDelete
  11. How much can a landlord increase the rent by

    ReplyDelete
    Replies
    1. No law on the amount currently... tenants are at the mercy of landlords and the governments aren't concerned.

      Delete
  12. I have a property with tenants who operates a business. In the lease it states that they have to pay all utilities. One of the tenant paid for three months and is now refusing to pay. They are all charged commercial rate. I get one bill from t and tec for the building. They all have separate sub meters attached to their power source. It tells them how much they are using and at end of month I read the sub meter and inform them of the amount of money owed. Only one tenant do not want to pay. He say he not using so much and he refuses to pay. What should I do. Can I give notice because he is breaching the lease. He keeps on saying he do not want me to bill him. He want a t and tec bill. But I only get a bill from t and tec for entire property. Then I calculate according to their separate sub meters and then request money. Please advise. Because I am spending money and he do not want to pay. He evens pay the rent late. Sometimes at middle of month. But lease states first day of month.

    ReplyDelete
    Replies
    1. Evict him. You sound like you're scared to evict a tenant. You own the property, not him.

      Delete
  13. Hi. My landolord is aking me to renew a contract which stipulatates that I permit him to enter the residence with or without notice( not emergencies) at least once a month. this i feel is a blatant infringement of my privacy. what should I do. i do not want to move since i have a child and the rent is affordable and I haven;t seen anything better yet. can I legally deny to renew the contract unless the contract becomes legal?

    ReplyDelete
    Replies
    1. He cannot make such a request.
      http://trinidadandtobagolegalrights.blogspot.com/2010/05/quiet-enjoyment.html

      Delete
  14. Hi. i have one more question. If I play music or talk and it is audible outside of the apartment at a reasonable time eg midday but the noise is not considered excessive can i be evicted if the landlord considers it to be annoying? The landlord put this stipulation in the contract. Can a contract be illegal and if so how can i maintain my tenancy without being forced to sign an illegal contract?

    ReplyDelete
    Replies
    1. Excessive is subjective. It depends on who's listening, so yes, if he considers it a breach, you can be evicted.

      You can't force a landlord to keep you on his property. If you don't want to agree to his/her terms, your only option is to move.

      Delete
  15. Hello,

    I am in the process of acquiring a tenant who I have allowed on premises to begin some pre-moving painting over the next 48 hours, while I renew some fixtures. The fact that she is unemployed but close and trusted sources assures of her ability to pay rent does not seem like a sensible move on my part. Her common law husband, however, is gainfully employed. Would it be inappropriate or illegal to insist/invite co-leasing just as a matter of home-owner responsibility?

    ReplyDelete
    Replies
    1. I'm interested in knowing how an unemployed person pays rent. Family? If so, you should get confirmation of this, although if they choose not to pay, you can't sue them because they won't be your tenants.

      Co-leasing could work, but why take the risk?

      Delete
  16. could a land lord lock u out for not paying without an agreement

    ReplyDelete
  17. The tenant has a year rental agreement contract. Can a Landlord change a portion of the rental agreement after the tenant signs it? or does the landlord have to wait for the end of the year to make the changes.

    ReplyDelete
    Replies
    1. As long as there is full agreement by both parties, yes.

      Delete
  18. Hi what is the legal time a landlord gives a tenant to move?

    ReplyDelete
    Replies
    1. 1 month for residential... 3 months for commercial

      Delete
  19. Hi I'm a tenant at a tenanted compound the landlord doesn't live on the same compound. The water pump for the water supply of the compound is placed just outside of my bedroom window and it is constantly making noise which disturbes me a great deal because I am a shift worker. I've made numerous complaints and pleaded with the landlord to change the position of the water pump but to no avail. The landlord also enters the apartments without notice or permission and in our absence. How can you help me please?

    ReplyDelete
  20. I moved on Dec. 20th 2014. My landlord refused to return my security deposit after repeated calls and emails. Yesterday (31st Jan 2015) he dropped off a check for my real estate agent for a small portion of the deposit along with several quotations for thousands of dollars of work that he says needs to be done on the property. He has not spoken to me since we moved on Dec. 20th 2014. What recourse do I have?

    ReplyDelete
  21. Good day. I am a co-owner of a property together with my mom. However my brother agreed to rent the property eight years ago but has not paid any rent for the paid 7.5 years but have paved a walkway. His wife brought him up for child maintenance and the document states that she and her kids cant be evicted from the premises. She frequently threatens to demolish the paved walkway. Please advice me accordingly.

    ReplyDelete
    Replies
    1. I don't understand what's going on here... send me an e-mail.

      Delete
  22. Hi my brother is a tenant, how an incident occurred where he injured his father 3weeks ago this is because he was under substance induce psychosis according to st anns psychiatric hospital. The landlord now gives an eviction for 30 days and her reason is she's afraid that Such incident can reoccur I.

    ReplyDelete
  23. Goodnight...
    My husband and I recently moved into an apt in Nov . 2014 where the landlord lives above. We have an issue when it comes to parking since no space was allocated for such even though we told her before we moved in that we would be getting a vehicle
    Apparently her son is a policeman who she calls to come get persons to remove their cars if they do not park to her liking -we know this because she tried to pull that move on us. I want to find out what responsibilities as a landlord she has with regards to providing parking and what rights we as tenants have.. We also have an issue of her not repairing bathroom and toilet fixtures in a timely fashion (3months and still waiting on hot water tap to fix)...now
    Thanks

    ReplyDelete
    Replies
    1. If you don't like where you live, move. Tenants haven't had rights in this backward country for years.

      Delete
  24. We recently rented an apartment on Pentecostal Road, Tunapuna which had no washer/dryer hookups, nor water heater for shower.

    We also repainted the apartment as the walls were dirty and in dire need or a paint job.

    We also added an awning over the washer/dryer area so they can be protected from the elements.

    We added these things at our expense. Landlord refuses to compensate for these costs.

    I have asked him to provide a street trash receptacle which he refuses to do. We are currently having to place the trash bags at the side of the road for pickup.

    We also added a concrete stair over the drain so our elderly parents could navigate the walk safely. He refused to compensate for that as well.

    The other tenant including the Landlord uses the new comfortable, safe step.

    The electrical outlets in the apartment are all very loose and needs to be replaced as well.

    I am posting here, to see how this sort of thing is handled in Trinidad and Tobago. My parents wished to move here and we are doing our best to make this apartment as comfortable as possible for them.

    I am sensing the Landlord is not assuming all of his legal responsibilities...






    ReplyDelete
    Replies
    1. You're only entitled to compensation for emergency repairs or repairs with permission.

      With the landlord/tenant legal mechanisms in its current dysfunctional state, if you don't like where you live, your only option is to move.

      Delete
  25. What rights as a tenant do you have if you have been renting a house for 20+ years with no formal lease agreement other than payment of monthly rent by cheques? Note, no receipts were ever produced by the landlord's brother-in-law as the landlord and family live abroad. Over the years, requests to purchase were made but denied until the landlord passed away 2 years ago, and his wife asked us to make an offer. The deed was asked for to go to our financial institution to see what offer we could make as we were given first preference (over the phone, nothing in writing). This deed to date was never produced. All major repairs and upgrades were either wholly paid by us or shared 50-50 between us and the landlord. Last November a month's notice eviction notice was given to us but an informal conversation was had between landlady and us after and she agreed to give us some time. We sent a letter to her two weeks ago requesting price negotiation (no budging from 3 mil) and more time to relocate but both were denied and we were told verbally to move by this month end (2 weeks). No official eviction notice to date but we expect one soon, but this does not comply with the standard one month's notice. Is the eviction notice from 2014 moot as they continue receiving our rent money? Can we claim compensation for major upgrades - doors, flooring, burglar proof, landscaping, A/C, ceiling and light fixtures, re-tiling, sink installations, electronic gate upon moving? Is there a law where current tenants are entitled to negotiate for half the market value of the house?

    ReplyDelete
    Replies
    1. I will really like to know the response to this.

      Delete
  26. Thank you for your response.

    Since we had to make the apartment handicap accessible, we did assume financial responsibility for those things and some more.

    The cupboard door beneath the vanity sink is a wooden door glued on with grout to the concrete frame. Of course it fell out with the usual opening and closing. Landlord wants parents to pay for this door.

    The place is owned by a Mr. Gosine of LP #13 Pentecost Road, Tunapuna. Now that the apartment is painted with all the basic fittings. He is forcing them to move out without notice.
    My brother who signed this contract, now has to find another place for my elderly parents, plus remove all the extra fittings he did to the place to make it basically livable as It was just a concrete shell.

    ReplyDelete
  27. Good Morning,
    i recently terminated my lease as a subtenant. the agreement says that the deposit which is for damages cannot be returned if i break my lease and then a few points down after stating when the lease will expire and that the property has to return the property in the same condition as it was received, at the end of the term. what i want to know is if i am responsible for any damages or repainting the premises since i will not be receiving my deposit.

    ReplyDelete
    Replies
    1. Firstly, you have to get back your deposit if there is no damage to the property. Normal wear and tear is expected. How long were you there for?

      Delete
  28. Hi gd I will to know my landlord give me notice to move cuz he going and repair the apartment an i have to move by the end of April do I have to pay rent still for April

    ReplyDelete
    Replies
    1. If you live there, rent must be paid.

      Delete
  29. hi
    i rent a commercial space for a business, i owe 2 months rent to my landlord, without notice he has turned off the electricity to my business is this legal

    ReplyDelete
    Replies
    1. Absolutely not. If you suffer any losses due to this, you can sue him as well.

      Delete
  30. Hi- I own a property as a tenant in common with one other person. This property is tenanted and I moved into one of the apartments. The other party thinks he can open any bill coming in my name for the apartments and he thinks he's the only party who can make repairs to the property. As a tenant in common what are my legal rights?

    ReplyDelete
    Replies
    1. http://trinidadandtobagolegalrights.blogspot.com/2010/10/co-ownership-of-land-tenancy-in-common.html

      Delete
  31. The landlord I'm renting from has a 3 storey building, that houses 3 tenants in the middle floor, a bar downstairs, my small apartment and another one behind me and a food outlet out front. Whenever someone uses water from these sources and the natural water pressure is not good, I GET NO WATER AT ALL. The landlord refuses to install a water pump for the tanks located at the top of this 3 storey buidling. Is there any company or person I can talk to that can get this landlord to at least install a water pump?

    ReplyDelete
  32. This comment has been removed by the author.

    ReplyDelete
    Replies
    1. If you don't like where you live, move...

      Delete
  33. Hi if my land lord send a watsapp text on my phone saying that I have two weeks to leave but she never bring a letter to me saying that. N on top of that never give me a contact to sign n cussing me on top of that wat is my next step is it suppose to be 2weeks to move out n plus telling me she break down the rent into a weekly payment of $400 for the 2 weeks before I move n sending treats to me as well plz help Md n inform me on what I can do

    ReplyDelete
    Replies
    1. Tell her 4 weeks is required and it needs to be in writing. Pretend you didn't receive the message.

      Delete
    2. Ok thanks a lot I don't need to pay that weekly money she wants cause first time I her bout that

      Delete
  34. good day, I've advertised a property for rent, and met with a prospective tenant. pets are an issue for me, however the tenant offered to install a gate at her expense in order to enclose the dog in a certain area of the yard. further the entire place is tiled, save for one of the three bedrooms which is vinyl. she also suggested that she tile same at her expense. I'm new to the rental industry, and needed some advise. my initial thoughts are to be clear in the contract of the proposal at her expense. is this normally done, can it be entertained? I'm unsure

    ReplyDelete
    Replies
    1. Be very clear in your agreement.

      I, for one, don't tolerate pets, period. I tell them that the only house for pets is their own.

      Delete
  35. Hi, this blog was very informative, but I have a question for you. I have been renting at my current address for the past 4 years. My landlord lives in the upper apartment and I rent downstairs. Only in the first year, a rental agreement was done for the period of 1 year. Since then, I've continued paying my rent as scheduled with no hiccups. On the June 10th, my landlord ASKED me if they can raise the rent now. Obviously, if its up to me I won't agree to a rent increase, so when the question was asked, I told my landlord that I will look at my budget and get back to them. On July 2nd, the landlord came to collect the rent. I was asked how much is it to which I replied the usual amount. The payment was accepted by I was not given a receipt immediately which is the norm. This morning (July 3rd) as I was leaving for work I was hailed out by my landlord and told that I have an outstanding amount for them which will be reflected on my receipt. I responded that I was not officially informed of my rent increase nor was I given an official date. I reminded my landlord that the question of a rent increase was posed to me but was never confirmed or finalized. I must admit that I felt embarrassed by the situation as my landlord chose to voice her displeasure in the open (she was standing on her stairs and I in the road). Anyone looking in would think that I wasn't paying my rent and was trying to bully my landlord. I tried to very respectful but her approach was very distressing. I wish to find out in a situation like this, what am I supposed to do? Should I pay the additional sum being requested or should I be adamant that I was not given proper notice and pay the increased rent amount from the next month? Thanks for your assistance in advance.

    ReplyDelete
  36. Good Afternoon. I would really appreciate your advice on this matter. I recently acquired a commercial space to rent for my business after paying two months advanced rent. My landlord seems like an alright person however, upon me receiving the key for my space he indicated that he would retain a key for the building. My question is if this is customary an a commercial rental arrangement and if so what can I do to protect my interests (I have an estimated 45k in merchandise in the store that I am worried is now compromised since the landlord has access to the space without my consent or supervision.)

    ReplyDelete
  37. Please help! I have been living at my current place for 1 1/2 years and been having serious problems with the ceiling. Cats have been living in there since I moved in. In February 2014 a cat fell onto my sleeping son, in April 2014 Easter weekend, maggots were dropping in from the ceiling obviously from what the cats left up there, numerous occasions after the ceiling has been falling down in parts. December 2014 the cat pee started coming through. I have been begging and imploring with her to repair the ceiling and block the holes where they are getting in friom the roof outside. She has been blocking up the spaces with sponge and strofoam whoch of course the cats are pulling out.January this year more cats, April 2015 easter weekend again we came home to meet the entire ceiling with debris insects cat poo all on my childrens beds (thank goodness we were not home) She sent the workmen for the compound who just nailed it up and put silicone to stop the pee. That did not work. My kids have been sleeping in my room as the smell is unbearable. This is have been a health and safety issue since i moved in. AS of two months ago my son now has no bed and my daughter is sleeping with me and he is on her mattress in my bedroom. This is crazy and yet still they keep patching. My rent has always been up to date up until this year where i ran into financial difficulties and she has been very gracious and understanding. However she is now telling me this morning after she told me on Tuesday to clear out the room cause the ceiling was going to be replaced that she is not repairing cause i owe her money. I stressed to her when my rent was up to date she wasn't repairing either and this is a structural, health and safety issue and if she had to rent the place out to someone else it had to be fixed, as the place is not habitable! She said said well vacate so she could fix it for someone else. Please tell me what my rights are cause now its 4 kittens and two adults and i am bombarded with shit pee and the most unbearable smell. Totally exasperated, help!

    ReplyDelete
    Replies
    1. If you don't like it, then move. Why stay there and endure this? Makes no sense...

      Delete
  38. Good day... I am so happy I have found this site. I rent from my grandmother I pay her rent on time all the time. My husband and i have 4 kids and we've lived here for the past five years. We never signed a contract or anything now she wants us to move We have paid the rent for August and she refuses to give a receipt. She has stopped us from having guests, and is always finding problems with things were never an issue in the past. She constantly curses us and threatens to put all of us out. It is very difficult to find appartments that allow children if they are not excessively expensive. Is there anything we cant do or does she have the right to do as she wants and evict us.

    Help would be appreciated.

    ReplyDelete
  39. We had a verbal agreement with our tenant that he alone should rent there and if anyone comes to visit they can only stay within an agreed time, he bought his son (who overstayed the agreed time) and secretly bought another person without our knowledge, is this legitimate terms to issue an eviction notice, also, it has been bought to our knowledge the son has engaged in illegal activities and is possibly hiding from the police, how are we to handle this safely.

    ReplyDelete
  40. Hello Good day
    Is it legal to withhold security deposit for breach of contract....re: tenant hosting family of four for 3 weeks without informing the landlord. Note that it is clearly stated in the contract that this is not allowed or the security deposit forfeited. If the tenant takes the landlord to court for this will this stand.

    ReplyDelete
    Replies
    1. Deposit is for damages... this action by the landlord is illegal.

      Delete
  41. Good morning. I find this site an excellent resource. Great job.

    I desperately need some legal suggestion here. I have lived in an apartment for 10 years and have never had a constant supply of water. The landlord has had an illegal connection to WASA along with the connection not having a regular supply anyway. We have expressed to the landlord our plight and uncomfortableness for the years gone by. He brings water in a 200 gallon tank on a van when he has the time. This tank has to supply 2 other apartments. It has now become completely unbearable and I would like to somehow remain anonymous but serve him some serious warning or shake up. This situation does seem serious to him.

    I appreciate an advice. Thanks in advance.

    ReplyDelete
    Replies
    1. If you don't like where you live, move.

      Delete
  42. Good evening
    Thank you so much for having this blog and allowing folks to have an opportunity to ask their questions and receive replies. From the blog I have one question answered as I am now aware that the security deposit is for damages and unpaid bills. The question I need answered is that of my lease stipulates that I must give 2 months notice. I received a six month lease but I'm here for almost 2 years, so I believe I'm on a month to month, therefore I no longer have to give 2 months notice. Please correct me if I'm wrong.

    ReplyDelete
    Replies
    1. When a contract ends, but the relationship continues, the terms of the contract remain valid, so the 2 months will still apply.

      Delete
  43. In a case where the landlord is a family member and they make a verbal agreement that rent doesn't need to be paid for a period of time and with in that time they evict you without any written notice are you entitled to get the down payment.? Because the landlord is saying that you not getting it back since you were living there free of charge.

    ReplyDelete
  44. Good day I am writing on behalf of a friend who is a landlord. He has been going through something with his tenants where they have refused to pay rent for the past 4 months. They stated that they need an updated lease to go to their financial institution to acquire the money for rent (Lease has not been updated for 3 years. He does not want them to leave but he does not want to update the lease. Is there another way he could get them to pay rent for the last four months. He has considered the use the bailiff to threaten with a levy (Is that a legal act?)

    ReplyDelete
  45. Good day I am writing on behalf of a friend who is a landlord. He has been going through something with his tenants where they have refused to pay rent for the past 4 months. They stated that they need an updated lease to go to their financial institution to acquire the money for rent (Lease has not been updated for 3 years. He does not want them to leave but he does not want to update the lease. Is there another way he could get them to pay rent for the last four months. He has considered the use the bailiff to threaten with a levy (Is that a legal act?)

    ReplyDelete
  46. Hi Good Day i found your post very informative and i must say Thank You. Now my question to you is this...... my father is renting from a family member (his sister) but before he moved into the apartment he did a lot of repairs to it to make it liveable for him. They agreed on a rental price which he is paying on time. But his sister son is living upstairs and constantly uses out the water from the tank which was provided for my father's apartment and every time my father turns on the stop cork to refill back the tank he comes (his sister son) down and verbally abuse him. I understood that he (his sister son) reach as far as cutting the pipe to prevent the tank from fulling back. The only time he gets water in the apartment is when water comes in the wee hours of the morning. Can you guide me as to what can be done before this reach to physical blows? Thanks

    ReplyDelete
  47. Hi good day. I would like some advice on a matter please. I am a tenant and I signed a 1 year lease with my landlord 6 months ago. The contract was for me to pay 2 months rent in advance as well as a security deposit which I didn't agree with. So the contract was then edited to pay one month rent in advance as a security deposit. So I am living here 6 months now and everything is just the same as I got it. I had given my landlord a written notice at the end of October stating that I need to leave at the end of November. On the contract however states that if I leave within a year of the contract, the landlord will seize my security deposit. Is there any hope of me getting back the security deposit since no damages was done?

    ReplyDelete
  48. Hi , I was living in another area when my current landlord (family friend) ask for me to come were I am now. I eventually agreed. Since we moved in I have never signed a rental agreement. With in the past 2 years my husband and I separate leave me with the burden of rent and light bill etc. Over these two years I have really been struggling with affording my rent. My landlord has called me informing me that he is coming at the end of this month for his place. I have not gotten another and I really cannot afford it. What can I do.

    ReplyDelete
    Replies
    1. Ask for more time. If you can't pay your rent, you have to move.

      Delete
  49. Good day I am currently renting .I was given a six months lease. The landlord said that she had repairs to do..it's been 5 months and to date she has chosen to do cosmetic upgrades to the outer of the house instead of the more serious issues as to water coming in from damages that were done to the flooring..Now she have given me an eviction notice stating I have 1 month to leave that would be exactly when my lease expire. I would like to know If that is legal or do she have to give me reasonable time after my contract expires... P's I can't wait to leave just haven't found the accommodation s

    ReplyDelete
  50. Good day,
    I have a tenant who is using the property to run a business. There is a side door that gives access to my yard. The tenant was given the key to the door but was warned that no one should be on the property and the door should be kept closed. However, despite this discussion, they continue to keep it open occasionally without first informing me. Now there a sink that is located right outside the door and it has been damaged. Can i change the lock for this door only and not provide a copy of the key for this lock to the tenant? If not, what are my options?

    ReplyDelete
    Replies
    1. If it doesn't affect the tenant's ability to enjoy his rental property, you can.

      Delete
  51. Hi,my landlord raised the rent stating there was an increase on electricity bill due to a pump dat d whole house is using on his side also because of land tax,(nothing in writing i got d msg via tex msg) however im payin my own electricity,n its very low because im not @ home much,also he didnt state d reason y the rent is going up he just did d same contract with the increase,$2200-$2400 I feel forced to sign what do I do,do i hav any rights here,advice plz

    ReplyDelete
    Replies
    1. There is nothing available for tenants rights in this country... it's very sad.

      Delete
  52. Hello good evening I would like to know if your landlord gives you an eviction notice can they put whatever date they choose or are they suppose to give you 30days for the least. My reasons for asking is because my landlord give me an eviction notice stating that I have to move within the next 15 days

    ReplyDelete
  53. hi I am a landlord and I have been having trouble with a tenant who is always late with payments and who also comes up short. He is presently owing almost the amount of the deposit. What is the proper procedure to evict him?

    ReplyDelete
    Replies
    1. Give eviction letter with 1 month's notice...

      Delete
  54. I have been renting for 8 years the contract has 3 months notice is rent to be paid within this period? Is the notice supposed to be given within the contract time or 3 months after the contract ends?

    ReplyDelete
  55. I have been renting for 8 years the landlord wants back the place for no reason , the contract states 3 months notice is this time given during the contract or at the end? Is rent to be paid within the notice period?

    ReplyDelete
  56. hi how much notice can a landlord give you to me to move if no agreement was sign and made and you always paying your rent

    ReplyDelete
  57. Hello I would like to know if the landlord has the right to include the water rate in the rent if it was not placed in the contract in the first place

    ReplyDelete
    Replies
    1. No, but there's no laws in place to stop him from doing it.

      Delete
  58. If my lease states that my landlord may give me 2 months notice of termination of the lease and he gives me 24 days is this legal?

    ReplyDelete
  59. Hi i have a store with someone who wanted to work with me by helping me pay the rent. But he hasnt paid his share of rent in months. How long does he have legally to get his things out of my store? Thanks for your help. Its a booth in a mall.

    ReplyDelete
    Replies
    1. Depends on what you think is reasonable.

      Delete
  60. Hi I am a tenant for almost a year now and my landlord refuses to let us use the tank water. When we dont have water in the pipe we don't have access to the tank water and he refuses to put on the pump for us and he told us we need to get a barrel and full water for situations like this. But to my understanding a landlord is suppose to provide water and to make matters worse i am pregnant and i want to know if I am wrong in making my point. Is it or is it not a law for a landlord to supply water for his tenants?

    ReplyDelete
  61. i live in a HDC house with my own yard. my yard is fenced and i have 3 dogs and 3 cats. my dogs are secured, but they do barks at other dogs on the street and others strangers. my cats go over to the neighbours. my neighbours have complained and i have taken steps to address the problems. i have started training the dogs from advice i got from a trainer. they still barks but i believe it is more under control. i keep the cats inside at nights and sometimes during the day. they do still go over. i appealed to the neighbours to try and work with me to deter them. but today one of them said he would called the "authorities" or he will poison them. What authorities is he talking about?

    ReplyDelete
  62. Good Morning, My mother is a landlord and she owns apartments downstairs of her home, 2 of her tenant held a huge party with extreme disturbance till 2:00 am the next morning. My mother kindly asked them to remove of their tents and alcohol cases to have the yard in good order. In turn the tenants verbally abused my parents and myself with deadly threats. Police came but just to end the scenario. My mother gave the both tenants 30 days notice to vacate the property by the end of May 2016. They both refused to signed and refuse to pay for the month of May. My mother did not give any contract at the inception of renting the apartments. What rights does she have and how can this be handled. The notices were handed over by a bailiff.

    ReplyDelete
  63. If i move before the 6 month contract ends am i able to get back my security deposit (no damage was done to the house)

    ReplyDelete
    Replies
    1. Yes... just make sure to give sufficient notice (1 month minimum).

      Delete
  64. What about if your landlord hasnot given you a lease and she moved in the place after evicting the people you moved in with and now you are not allowed to brig anyone and her entire family is always there, they use your stuff and are very nasty?

    ReplyDelete
  65. hi i was wondering my landlord give me a three moths contract it has ended a year ago no new contract has been sigh ,she lives away now she back can she raise the rent just like that on us or even just give us notice to move out ,we were renting from her dad before she died ,and she raised our rent no even three week later after he dies

    ReplyDelete
  66. if a tenant is 4 days late with rent and i sent them a notice and it proceeds to extend to 2 weeks land and i sent another notice for dues as well as implying that they will receive an eviction letter if dues are not satisfied 30 days after the second 2nd letter can i send them an eviction notice from that 2nd notice date ?

    ReplyDelete
  67. In addition to the first and last month rent payment which is made when moving into an apartment. Can the landlord charge an additional security deposit claiming that it is for ensuring that you don't make any damages to the apartment?

    ReplyDelete
    Replies
    1. The landlord can stipulate whatever they choose... it's your choice to accept it or find somewhere else.

      Delete
  68. Hello, I am a landlord who reside in foreign. I rented my place in December 2015. To a lady she late announce she was expecting a baby and a week after moving in she brought her husband in. I have my mom and sister acting as landlord in my absence. The first two months rent paid on time after that I always had to request payment which is set up through direct deposit. She would usually sent a copy via email as time went by I was informed that the husban smokes weed and did plant a plant on the premises my mom made him remove it. Every other month it's some repair being required. Broken steel door, broken toilet, now a leak which she did not report to me and her excuse was that my mom said I was unwell so she didn't want to bother me, now I have to replace all the dry walls to the side of the bathroom she said mold stared to grow, once I got word of this i sent someone to assess the damage which required him to break the wall. Vinyl are throw out side and I told her I was not impress by the level of damage to the place I spoke to her on 29 June to move out giving her until August she agreed then changed her mind stating she will be moving on 24th July. Rent was due on 18th of July she sent a message two day before rent due to say she is moving out for sure now the yard has over grown bush which she stated she won't be cleaning which is a part of a lease agreement I had her signed we did a walk inspection now that I viewed my dissatisfaction she tell me better yet I am moving out 23 July saying she was living out her damage deposit and I will take 200 for yard maintain maintaince which is 400 for that job she also want me to deduct rent from the 1300 damage deposit. The assessment is 2300 to repair the water damage. She is also demanding to have her damage deposit on the day the of the walk out assessment I explain I would first need to know if all is intact then we can know how much she can get back. Please advise me how to proceed with this. Thanks in advance

    ReplyDelete
  69. Good Day

    I inherited some property from my parents and a tenant included. This tenant is a good tenant but there was never a written lease between him and my parents. The property is 1 bedroom, 1 joining room and a bath and toilet. Before my mother past away I sent a letter informing the tenant that the rent should be paid via a bank account which he obliged. Also the apartment was for a single male and now he has a woman and 2 children living there. I am desirous of raising the rent. How do I approach this as well as how should I approach the lease aspect of this thereby making it more legal.

    Anonymous

    ReplyDelete
    Replies
    1. Give 2 months notice of increase by letter and also mention the introduction of a formal lease agreement.

      Delete
  70. I want to sell my property, it's a house not apt.. and I would like to know how long of a notice do I have to give and as well how long do I have to wait for a response if I offer the tenants the ability to purchase first..

    ReplyDelete
  71. Good day,
    My family and I lives at a rented home for over 26 years, we paid rent up until the landlord died about five years ago. We were able to make contact with the landlord kids who lives abroad, they expressed the willingness to sell to us as they have no intentions of returning to Trinidad. However we haven't heard from them in over two years. The house is in need of repairs, the roof leaks, the cupboards are infected with termites along with other issues. We are wondering if we have any legal rights to the house. We are still willing to purchase but have no other way to contact the new birthright owner. If we leave, the house will be abandon. Can you please advise if we have any legal rights to obtain ownership. Any advise will be greatly appreciated.

    Thanks in advance

    ReplyDelete
  72. Hello,

    Consider 1 rental contract signed by the lessor and 2 lessees which included 1 month deposit and a clause stating that the deposit will not be refundable unless 2 months notice is given. One Lessee gave 2 month's notice of departure which the Lessor accepted and stated the contract expiry date. The other lessee advised their departure 1 month later. Shouldn't the 2nd lessee still be able to get the reimbursement of their deposit on the new expiry date of the contract? Please advise.

    Thanks in advance for your assistance.

    ReplyDelete
  73. Good day
    I as tenant took contract for one year april 2015-march2016.we received new contract in may 2016 for a period of 1 year. The very next day we sign we informed landlord we wil give one month notice and vacate as our financial status droped down as we loose job.he replied to vacate in the same day we agreed ,as we found house and above to move , he convenced us to stay there stating that he will reduce 1000ttd/pm.the two bed room semi furnished was 6500ttd, he dropdown to 5500ttd.also mentioned in written if u decide to leave before 5 months that we have to find someone and place in his place.as our financial position in trouble we informed him prior to month that we want to leave. He told us to pay rest of 1 month rent to be diposited in his accc as we alredy stayed for 4 months. and can leave.we said to take our diposit as we have no money to pay u. Inspite of not living in his house we still agrred to pay rest of one month rent but told to take diposit as we cant pay now.the sink was leaking, AC was horrible when we informed him he said he will not repair as he reduced the rent of 1000ttd.we paid plumber twice of our own money.now the problem he wants us to pay the rent by this month and diposit he will give later if everything okay. Pls suggest us what is correct.he is thretaning that he will inform to his lawyer and will to legal proceefings.
    Thanks.

    ReplyDelete
  74. Good Day I have a 1yr contract aggrement with a tenant she is not paying her rent and ttec bill on time also no communication verbal or on phone with reminder notice of breach of contract in writing she still ignored me how should i proceed to get my rent and ttec bill pay to me she owing 2 mths. started to rent 5 mths.ago

    ReplyDelete
  75. Good night, I am a pregnant tenant who hasn't had a water supply for almost 2 weeks now. I decided to withhold this month's rent, however the landlord demanded his full months rent still. After a verbal directive for me to spend the rest of the month and move out inwhich I agreed, the next day he brought a letter stating I have 24 hrs to vacate if I don't pay. I was in agreement made prior to live out the rent. Can he come after with a demand like that

    ReplyDelete
    Replies
    1. Yes. You have no right to withhold rent. Either you pay or leave.

      Delete
  76. Hi... we were renting an apartment four years now. The landlady took in new tenants in the adjoining apartment three months ago... three weeks ago things turned to the worst when someone set their side on fire (arson). Their side was completely destroyed while our side was badly damaged (property damage and smoke damage). Everything is covered in soot which requires extensive cleaning... it is difficult to get another place despite how hard we are looking, the landladyis aware of this... we've been suddenly displaced, traumatized along with other emotions... my major concern is that she may try to withhold our deposit, however, she is aware that we are not in arrears for the electricity bill. That deposit we expect to get back...
    We are a family of five ( husband, myself and three sons).
    Please guide me accordingly...
    Thank you!!!
    PS. We always paid our rent on time (receipts are available as proof) and we've never been a bother to others. Her words exactly...
    When the incident happened all the neighbours came out showing concern for us as they know us... we were members of that neighborhood... those people just came and disrupted everything...

    ReplyDelete
    Replies
    1. Please sir...
      I really need your advice on this matter...

      Delete
    2. Are you serious? I explained my situation and asked for advice... is it legal for the landlady to withhold our deposit?

      Delete
    3. #1 - A question ends with a "?", please show me where you asked this so called question.

      #2 - The disclaimer at the very top of this blog says that legal advice is not offered; only information and guidance. So, no, I cannot advise you.

      #3 - The next time you want to be rude, go ask someone else for assistance.

      Delete
  77. Hi good morning
    Asking a question on behalf of friend.
    The tenant gave one month notice but evacuate the premises 2 days before the end of the month. She is demanding her security fees be repaid in full. The landlord however told her they have to do a join inspection together the tenant said she left the place good and have pictures so no need for her to do a join inspection. The landlord did an inspection and found these repairs to be deducted from the deposit repainting of the interior due to child writing on the wall and stains (on he rental agreement there is a clause to reimburse landlord for repainting upon leave), the doors are written up as well and the inside of the frame damaged so the door is not lockin, the kitchen cupboard doors are stained and the kitchen pipe was originally a 3 whole pipe for tenant replace with one hole pipe. The landlord gives the decription to the tenant and told the tenant that she is awaiting and estimate and once the total to repair is less the difference will be reimbursed. Also the TTec bill was lef5 unpaid.The tenant is adamant about getting her full refund. What the landlord is doing is this correct in terms of the deduction for the items listed above?

    ReplyDelete
  78. A tenant who came and asked for a month lease to be extended to 2 months tops and has stayed 6 months already having not been charged a security deposit because of short time was supposed to stay. This tenant has 3 months outstanding rent when his agreement stated 2 consecutive nonpayment is a breach and subject to termination of the agreement. He has promised to pay and each time fail to. He has been given several notices to pay to no avail. Cam I evict this tenant immediately with a termination notice due to the breach and can I go to court to recover my rent?

    ReplyDelete
    Replies
    1. Should've never let it accumulate that much. Yes, evict and go to Magistrate's court to recover. However, in order to sue, you need an address, so if you evict, you will need to know the new address before you can proceed.

      Delete
  79. hello goodnite
    May i have your assistance in this matter about weeks ago rain fell and caused our apartment to flood because of a fault in the apartment, early this week however we found a new apartment and i would like to vacate the current apartment on the 30th of this month the rental agreement states that i must give 30 days notice, the rental agreement was for six months however the the last time we signed was in 2013. My question is if i move out before the 1st of the next month am i still required to pay rent?

    ReplyDelete
  80. Good Afternoon,

    I would like to know if an injunction could be file against an eviction notice?

    ReplyDelete

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