Landlord’s and Tenant’s Obligations

When people enter into a relationship of Tenant and landlord they make a variety of promises in the form of obligations with each other. These obligations include

  • The amount of rent payable
  • The time and manner of the payment
  • Conflict resolution in case of non-payment of rent
  • Th time period of tenancy
  • Whether the tenant is allowed to have a pet etc

Express covenants/promises (Landlord)

These are written covenants agreed between the Landlord and Tenant

Landlord’s covenants normally include

  • A promise to allow the tenant to have quiet enjoyment of the land
  • A promise to repair the property
  • A promise/obligation to insure the property
  • A promise permitting a tenant to renew the tenancy

Express obligation/promises (Tenant)

These are written covenants agreed between the Landlord and Tenant

Landlord’s covenants normally include

  • A promise to allow the tenant to have quiet enjoyment of the land
  • A promise to repair the property
  • A promise/obligation to insure the property
  • A promise permitting a tenant to renew the tenancy

Implied Covenant /promises (Landlord)

Promises which are implied by law are following

Landlord’s Implied Promises

  • A promise to allow the tenant to have quiet and peaceful enjoyment of the property
  • A promise not to derogate from the rights given to tenant under agreement
  • Implied duty of care to keep the property and any common parts in repair

Tenant’s Implied Promises (Tenant)

  • A promise to pay rent
  • A promise to pay taxes
  • A promise to allow the landlord enter into premises
  • A promise not to deny the landlord’s title
  • A promise to use the premises in a tenant like manners

Disclaimer

While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legalally does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.

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