My landlord insists that I cannot hold gatherings at the property I am renting, or I would be given a notice to quit. However, he hosts a monthly game night for around 15 of his friends, even though he does not live here. Why can’t I have gatherings? What should I do about this situation?

Section 12 of the Rent Restriction Act (CAP 378) outlines various reasons for which a landlord may serve a notice to quit. However, hosting a gathering on the property is not one of them. It is best to have a tenancy agreement which includes clear written terms and conditions outlining the use of the property. This would provide clarity on what is allowed by your landlord and you. We recommend having a conversation with your landlord to seek clarification on the rules, note the discrepancy between his gatherings and your restrictions, and propose a reasonable compromise.

I rented a two-bedroom house to a couple for their dwelling. I recently discovered they are operating a business on the property. As a landlord, what should I do?

In keeping with Section Two of the Rent Restriction Act (CAP 378), the purpose for which the property was rented is for dwelling. Although the Act makes provision for the property to be rented for business, this was not the purpose for which it was rented. The landlord may end the tenancy based on the breach or issue a new tenancy agreement in keeping with the purpose for which property is being used.

I was in a rent share tenancy. I have been on the property for a month and received a notice to quit based on me breaching the contract that I signed. Is it too soon for me to receive a notice to quit?

According to section 12 of the Rent Restriction Act (b) and (c), it states that once the tenant fails his/her obligation of the signed contract, a notice to quit can be issued. A notice to quit is for 30 days, and tenants are asked to continue meeting their obligations under their contract agreement.

I was a subtenant living with a woman and her partner. I rented the room for $300 monthly with a $300 deposit. I assumed utilities were included since there was no initial discussion, apart from paying separately for cooking gas and the use of the stove. After moving out due to relationship issues, they refused to return my deposit, stating it was used for utility bills. Is this fair, and what should I do?

It is recommended that tenancy agreements include clear written terms and conditions outlining the responsibilities of both the landlord and tenant. Even if the relationship deteriorates, these terms serve as a guide for the tenancy. The subtenant should request a detailed breakdown of how the deposit was used. Discuss with the master tenant any issues regarding utility payments and agree on the amount to be paid or returned. The subtenant may need to seek assistance from the landlord or a lawyer to recover the deposit.

I am creating a contract to rent a commercial space however; I am not familiar with the renting laws of Antigua and Barbuda. Does the law make provisions for commercial renting?

According to the Rent Restriction Act CAP 378, the Act covers both commercial and residential renting. The division advises you to go online and review the Rent Restriction Act, or, if you have any questions, contact the Prices and Consumer Affairs Division or your legal representative for more information.

After living in the property for a few months, my landlord decided to terminate the tenancy because his relatives are returning home and need the house. However, instead of giving the required 30-day notice as stipulated in the contract, he only provided me with 13 days to vacate and threatened to disconnect the electricity if I did not leave within that period. Is this legal? What can I do?

Under Section 12 of the Rent Restriction Act (CAP. 378), a landlord may serve a notice to quit if they require the property as a dwelling for a family member. However, this notice must be given in writing and with a minimum of 30 days' notice. The landlord should not disconnect the electricity or take any other actions to frustrate or unduly pressure the tenant but must allow the notice period to expire. During this time, the tenant should actively seek another place to rent.

A young woman inquired about renting my vacant property. I explained that I vet all potential tenants and need to gather some information to ensure she would be a suitable tenant before renting to her. She became upset, claiming I was discriminatory and that what I was doing was illegal. Is it discriminatory or illegal for a landlord to screen prospective tenants?

Screening or vetting of prospective tenants by landlords is neither discriminatory nor illegal. This process is used to assess the potential tenant’s ability to fulfil rental obligations by reviewing their rental history, references and employment. This helps determine their reliability and suitability for tenancy. However, screening practices must be fair and consistent and should not discriminate against prospective tenants based on characteristics such as race, religion, gender, or age.

During the exit walkthrough, neither the landlord nor I noted any damage, and the landlord told me I would receive my deposit within seven to fourteen business days. A week later, he contacted me about the last electricity bill, which I agreed to pay. He then claimed there was damage not mentioned during the walk-through that I would need to pay for. I refused as these were not discussed during the walk-through. I have paid the electrical bill, and waited for the given time, but I have not received my deposit. What can I do to get my deposit reimbursed?

A deposit is security for the tenant’s responsibility and is held by the landlord during the tenancy. Deductions are permitted for legitimate expenses, such as non-payment of rent or utility bills, and for repairs beyond normal wear and tear. A landlord should not retain a tenant’s deposit if no damages were identified during the walkthrough or there are no other financial obligations for which the tenant is responsible. Withholding the deposit without a valid reason may result in legal action to recover the funds.

After renting a property for five years, the landlord informed us he has intentions of selling the property. A few days later he gave us a notice to quit and stated we had two months to leave the property. The sale was made, and the new owner gave us a letter stating we had to vacate within one month. We are unable to find a place, and three weeks have passed. He is not willing to give any extensions because he has plans to remodel the property. What can I do?

It is unfortunate that the house was sold before the two months' notice to quit came to an end. However, according to Section 12 of the Rent Restriction Act (378), 30 days notice should be given. If you cannot find a place, speak again with your landlord and see what arrangements can be made. Also, intensify your efforts to find another property. Meanwhile, the landlord cannot legally force you out at the end of the notice period. The landlord would need to seek assistance from the court.

I have been renting a one-bedroom semi-furnished house since April 2024. The lease states rent is due on the 1st of each month. However, before moving in, the landlord agreed to a five-day grace period and a $50 late fee thereafter. For a few months I was late with rent, and the electricity was disconnected, and I received a warning letter from the landlord. I was again late and was issued a notice to quit. Is it fair or legal for the landlord to issue this notice?

Under Section 12 Subsections (a) and (b) of the Rent Restriction Act CAP. 378, a landlord can issue a notice to quit once the tenant has unpaid rent for at least thirty days after it has become due; or has broken any other obligation of the tenancy for at least thirty days. Unpaid electricity bills are an example of a broken obligation. Tenants are encouraged to follow the terms outlined in their lease agreements.

I went to view a potential rental property. The landlord explained that if I wanted the dining and living room sets and the stove to remain at the property, I would have to pay rent for them. As these furnishings are on the property, wouldn’t it be unfair for me to pay additional for them?

Landlords are permitted to charge a higher rent for furnished properties to cover the added value of the furniture. Under Section 2 of the Rent Restriction Act, Cap 378, furnished properties are “let” (rented) at a rent which includes payment for the use of furniture.

I rented a studio apartment with the intention of living there. However, after realizing that the location would be a good spot for my photo studio business, I asked the landlord if I could set up my business there. The landlord explained that he had no problem with me doing so, but it would require a different agreement because I would be using the space for business purposes. He also stated that he would want to make an amendment to the ongoing rental agreement to reflect the changes. Can the landlord do that, even though I already have a rental agreement with him?

According to the Rent Restriction Act, Cap 378, a tenant must obtain consent from the landlord or be authorized under the tenancy agreement or lease in order to operate a business on the premises. In this case, the landlord is not authorizing the tenant to operate a business under a residential contract. However, the landlord is willing to amend the agreement and enter into a commercial rental contract. The Division recommends that you speak with the landlord to formally change the contract.

I have been renting a property for the past 10 years. Over time, the lights in the house stopped working. I have consistently informed my landlord about this, but he has not replaced them. As a result, I purchased and installed new lightbulbs. Recently, I told my landlord I would be moving out and planned to take the lightbulbs. He then told me I cannot remove them from the property. Am I wrong to take the items I purchased for my comfort?

Under Section 6 of the Rent Restriction Act, the landlord is responsible for “Ordinary repairs”, which may include replacing fixtures unless otherwise stated in the contract. Once the tenant provides proof of purchase and no other agreements exist, the tenant may remove any items he purchased. However, the tenant should replace or restore any removed item to its original condition upon vacating the property.

I am a week-to-week tenant, and my landlord has given me a notice to quit due to non-payment of rent. However, the notice states that I must vacate the property within one week. Is this correct? I cannot find anywhere to go within such a short time. What should I do?

In keeping with the time stipulated by the Magistrate’s Court, the notice to quit is issued for 30 days. This time allotment also applies to week-to-week- tenancies. We recommend you discuss the difficulties you are experiencing with your landlord and see what arrangements can be made.

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.

I have a three-bedroom house, and for extra income, I rented one of my bedrooms. A couple moved in, and our contract states no children or pets are allowed. Three months later, the wife’s children started visiting. The children caused damage to the property and become a nuisance. I spoke to the couple on numerous occasions, but they have not done anything about the situation. Can I give them a notice to quit?

Yes, a notice to quit can be issued. Firstly, the tenants have breached the conditions of the tenancy agreement. Secondly, in keeping with the Rent Restriction Act, Cap 378, if a tenant or guest of the tenant have become a nuisance, the landlord can issue a notice to quit. The notice period is 30 days in keeping with the Magistrate’s Court.

My young adult son came to spend time with me over Christmas. He fell in love with Antigua and decided to return. I informed my landlord my son would be my guest. For the past six weeks, things have been going well but yesterday my landlord told me that my son can no longer be considered a guest, and she must increase the rent. Don’t I have the right to have a guest? When does my guest become a tenant?

Most tenants will have their family and friends stay at their home at some time during their tenancy. Generally, guests visit for a short time, usually a week or two. However, long stays by guests can be problematic for landlords as this may lead to overcrowding resulting in excessive wear and tear on the property. Guests are not tenants and cannot be held to the terms and conditions of the tenancy. As such, it may be difficult to have them pay rent, cover utility bills (if applicable), and interact with the landlord when needed. Some tenancy agreements may include a guest policy to address such issues, but the best practice is to increase the rent after the prolonged stay of a guest.

Two months after renting a house, I got a dog. My landlord then informed me pets are not allowed and if I decided to keep the dog, he would give me a notice to quit. Can my landlord give me a notice to quit since he did not inform me about his no-pets policy? What should I do?

While a ‘no pets’ clause was not included in your tenancy agreement, you should have obtained permission from your landlord before moving a pet onto the property. In keeping with the Rent Restriction Act, the landlord can issue a notice to quit if the pet is a nuisance to other tenants or neighbours or causes damage to the property. We recommend you dialogue with your landlord to see how best the matter can be resolved. If not, you may have to part ways with your pet or seek another property that allows pets.

Shortly after moving into an unfenced property, my landlord began fencing the property. My landlord indicated that once the fence was complete, he would increase the rent. Can my landlord increase the rent based on this?

According to the Rent Restriction Act (CAP. 378), a landlord can increase the rent if a substantial amount of improvements have been made to the property. Since fencing can be considered substantial improvement, and provides additional security for the property and tenant, the landlord can increase the rent. However, the Act stipulates the percentage by which the rent can be increased. Both the tenant and landlord can contact the division for further information on this matter.

My landlord showed up at the property at 7 am and informed me he was there to view the property. I did not expect him, and I told him I could not accommodate him at that time. However, it bothers me that my landlord wants to view the property while I am living there. Can a landlord conduct viewing while a property is occupied?

Yes. However, the landlord must generally give the tenant reasonable notice before he can enter the property. It is best practice for landlords to enter the property during normal business hours, between 8 a.m. and 6 p.m. Tenants can be present while the viewing is conducted.

I have rented a two-bedroom house for $1,200 monthly for the past four years. This month, the landlord informed me that the rent would increase by $300 as of 1st February, but no repairs have been done to the house for the last four years. Can the rent be raised without any repairs being done to the house?

The landlord can increase the rent for reasons other than repairs. In accordance with Section 6 of the Rent Restriction Act, rent can be increased if there are substantial improvements made to the road-way adjacent to the land other than necessary maintenance and drainage, providing or extending a suitable water supply or the taxes payable by a landlord concerning the house have been increased. The landlord can also increase the rent if the tenancy ends, and both parties enter a new agreement.

I have been renting at my current location for six months. The septic tank appears full, and I have indicated this to my landlord. He told me he doesn’t use it so that’s my problem. Should I, as a tenant be responsible for clearing sewage from a rented property?

Generally, it is the landlord’s responsibility to ensure the septic tank is well-maintained and emptied. However, in some rental agreements, the tenant has the responsibility to empty the septic tank in keeping with the contract.