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