My Tenant has a adult child who is disruptive and disrespectful. Can I give a notice for the adult child to vacate the property?

Yes, you can. Under the Rent Restriction Act CAP 378, notice can be given if the "tenant" or any person residing or lodging with him or being his sub-tenant has been guilty of conduct which is a nuisance or annoyance to adjacent or adjoining occupiers." The notice should be issued to the tenant, stating the reason. A notice period of 30 days should be given.

I have been renting my two properties for several years without using contracts, but a prospective tenant is asking for one. Is there any harm in continuing to rent without having a contract?

It is best practice to have a rental contract. The contract lays down the rules of the tenancy as it establishes what is expected of the tenant while they occupy the property and the landlord's responsibilities. Additionally, the rental contract protects the landlord’s interests since it indicates what the tenant can and cannot do while occupying the rental property. The rental contract should include basic information such as start date, monthly rent, late charge (if any), security deposit, tenant name(s), landlord name, address and contact number, utilities, and details of pre-walkthrough.

Do I have the right as a landlord to check a tenant's rent history before renting my property to them?

Protecting landlords’ rental income is critical. Renting to the wrong tenant may lead to issues such as late or nonpayment of rent, property damage, neighbour complaints and lengthy eviction process. To help reduce these risks, some landlords conduct background checks on prospective tenants before signing a rental agreement. Generally, background checks include information such as rental history, eviction history, and payment ability, all of which can help landlords make an informed renting decision.

My landlord has given me a notice to quit and indicated that my family and I have seven days to move out of the property. I called Prices and Consumer Affairs and was told that the notice period is one month, but my landlord insists that the law says seven days. Which law am I to follow?

The Rent Restriction Act CAP. 378 outlines that a "dwelling-house" means “a house or part of a house separately let, or a room separately let, which at the material date was or is used mainly as a dwelling.” Though this Act, does not stipulate a notice period, the Division adheres to the 30 days notice period in keeping with the Magistrate's Court. On the other hand, the Small Tenements CAP. 406, states "rent" includes “any part of any crop rendered or any equivalent given in kind or in labour in consideration of which a landlord has permitted any person to use and occupy any land, house or other corporeal hereditament.” Under this Act, various notice periods are stipulated. However, none applies to a "dwelling-house".

I informed my landlord that I would be late with my rent payment, and it would be $200 short due to unforeseen circumstances. I further explained to him that since he never made any repairs over the three years that I have been at the property and I have had to fix things that he had promised to fix, I would like the $200 to be considered a repayment for those repairs. He said I must be mad if I thought he would agree to such an agreement. How do I get my money for the repairs back?

Under the Rent Restriction Act, the landlord is responsible for the general upkeep of the property. As the tenant, you must discuss any repairs to the property with the landlord and receive permission to do so before proceeding. Also, it must be mutually agreed upon how much the work will cost and how and when the tenant will be repaid. Should the tenant carry out repairs without the landlord's permission, the landlord is not obligated to refund the tenant.

My landlord has added two more water tanks to assist my family with our water woes. However, she has indicated that as of September, she will increase the rent by $30 to cover the expenses she incurred to facilitate the additional water tanks. As it is her property and not ours, is she allowed to increase the rent for adding more water tanks?

Under the Rent Restriction Act, rent can be increased by an amount calculated at a rate per annum in accordance with the Act. The Act stipulates instances under which the rent can be raised, including the landlord providing a suitable water supply or extending such a supply.

Since the first quarter of this year, my tenant has been falling behind with her rent. She pays but not monthly, and when she does she pays for one and a half months. The matter is getting out of control and is cause for concern. Apart from the issue of rent payments, she has been a good tenant, so I would not want to end the tenancy. What can I do to get my tenant to pay on time?

We suggest you dialogue with your tenant to know the cause of the irregular payments. This would allow you to figure out how best to work with her. Establishing a payment plan for the outstanding rent would also be an option. Should you fail to reach an agreement with your tenant as to how she can resume regular payments, and settle the outstanding arrears, you may need to seek legal assistance.

I rented an apartment two months ago and have since gotten a small dog. The dog is a great companion, but my landlord says I must get rid of him since she doesn't want any pets on her property. Can landlords refuse pets in a rented property even though they are not bothering anyone?

Finding a rented property that accommodates you and your pet can sometimes be difficult. While one landlord may include a 'no pets' clause in their tenancy agreement, another may agree to pets being on the compound but not indoors. As property owners, landlords can agree or disagree with pets on their properties. Common reasons for landlords refusing pets include wear and tear to the property; the pet is not suitable for the property, pets causing a nuisance for other tenants or neighbours; irresponsible owners who fail to clean up after their pets, and infestation from pests such as fleas and ticks.

While exiting my previous tenancy arrangement, my landlord and I did a walkthrough of the property. After inspecting it, my landlord said everything was okay, and my deposit would be returned in two weeks. On the day I was to receive my deposit, the landlord told me he afterwards realized a window was broken, and he would be deducting $300 to repair the window. Since no broken windows were identified during the walkthrough, what should I do?

The walkthrough is to be a thorough check of the property to identify damages, accept liability, and agree on a settlement. The landlord doesn't have the right to change the agreement because he didn't check the property carefully. Though the tenant may not have control over the deduction being made, the tenant does not have to agree to it. We strongly recommend the tenant informs the landlord he/she is not in agreement and make a complaint with the division so we can investigate the matter and seek the best outcome for you.

I have been renting from my landlord for some time, however, I am no longer comfortable with my situation. We have become friends; now my landlord borrows money from me and regularly visits. When she is having financial difficulties, she expects me to understand the rent would be needed at that time. This is frustrating. What should I do?

No matter how good your relationship with your landlord is, you signed up to be a tenant with a rental agreement which both parties should follow. This provides a structure that still stands even if your landlord-tenant relationship fails, and indicates to both of you that there are rules to be followed. To maintain a good relationship between you and your landlord, it’s important to establish personal boundaries. Avoid discussing professional matters in social settings. Make it clear you want to discuss tenancy issues as a tenant, not as a friend. If these options fail, you may want to bring the tenancy to an end.

I have repeatedly asked my landlord to make needed repairs to the property. I became frustrated and hired a plumber to fix the issues in the bathroom. His bill is $450.00. I told my landlord that he was responsible for paying the plumber, but he said he never hired him. To get my money back, I paid my rent less the $450.00 but my landlord says he wants the full rent, or he will give me notice. What should I do?

It can be rather frustrating to be making rent payments and the landlord is not upkeeping the property. However, as a tenant, you must obtain permission from the landlord to have repairs carried out on the property. Should rent money be used to pay for repairs, this should be agreed upon by the landlord and the tenant before the repairs. We recommend you make your rent payment in full, as once you are in arrears 30 days or more your landlord can issue you a notice to quit. Also, make a complaint with the division so we can investigate the matter and best assist you.

I paid a landlord $800 as a deposit to hold a rented house while repairs were ongoing to the property. The repairs have taken much longer than was promised and I have requested my deposit back. The landlord has refused to refund the deposit, stating he used the money for repairs. Since I never agreed for my deposit to be used for repairs, shouldn't I get it back?

Yes, you should get your money back. Your deposit should not be used for making repairs. Also, the landlord breached your agreement when the repairs were not completed in the time promised so you could have begun your tenancy.

My landlord has asked me to vacate the property because he needs to carry out repairs to the house. I asked my landlord if he could extend my time for another month because I haven't found another place. He bluntly refused and said if I was not out on the expected day, he would personally put me out. What should I do?

You are correct in requesting an extension of time from your landlord. However, if your landlord is not granting you an extension, by law, he cannot put you out. The landlord must get an order for possession from the court before he can lawfully evict (remove) you from the property. Meanwhile, we suggest you intensify your efforts to find another place.

My friend rented a property about two years ago. Eight months into the tenancy, I moved into the property and the landlord was informed of this. After occupying it for a year, my friend moved out of the property, and I continued to occupy and pay rent in full. I have now indicated to the landlord my desire to end the tenancy at the end of March, but I was told the tenancy is not with me but with my friend. What should I do?

From the details provided, it would appear the tenancy is between the landlord and your friend. Your best option is to ask your friend to notify the landlord of the desire to end the tenancy and have him/her work out the details with the landlord. Should your friend be unavailable or unwilling you may find yourself in a spot of a bother since you are not the tenant but an occupant. Instances such as this, are generally very difficult and frustrating. Therefore, we invite you to contact the division for more information on the way forward.

My landlord raised my rent in January 2023 and again in September 2023. This morning I received a letter informing me that the rent would be raised again. How often can a landlord raise the rent?

Under the Rent Restriction Act, rent can be increased by an amount calculated at a rate per annum in keeping with the Act. The rent can be raised once substantial improvements or structural alterations have been done to the property or roadway adjacent to the land, providing a suitable water supply or the extension of such a water supply an increase in taxes.

I moved into a rented property last year and for months my landlord has made negative comments about my sexual preference. He has since given me a notice to move out of the property in 30 days. The notice states I am too loud, always arguing, and playing loud music, and my friends are disrespectful. Since I do not owe any rent, I believe my landlord wants me to leave because of my sexual preference and is writing his own law on which to base this notice. Is the notice valid?

Housing is a human right and has been codified by a wide range of International legal instruments under the umbrella of the United Nations. In the landlord-tenant relationship, the human rights of both parties should be upheld. There should be no harassment or discrimination. Based on the information provided, however, the notice appears to be valid. Under the Rent Restriction Act CAP 378, notice can be given if the “tenant or any person residing or lodging with him or being his sub-tenant has been guilty of conduct which is a nuisance or annoyance to adjacent or adjoining occupiers.” The notice period is also in keeping with the time stipulated by the Magistrate’s Court. Tenants should be aware that arrears of rent is not the only reason for which a notice to quit can be given.

My father and his partner resided at his property for about five years until he died in 2023. Being his only child, I took ownership of the property following his death. I have since given his partner two notices to quit but she has notified me that her lawyer says the notices are not valid, therefore, she can remain on the property. Can you explain why the notices are invalid? What is my next step?

Based on the information provided, there is no evidence that there is a tenancy. Therefore, notices to quit served to the occupant will not be valid. We strongly recommend that you seek legal advice on this matter.