Starting life in a new rental is often a great opportunity for embarking on an exciting new chapter. But, what can tenants do if the house they’re renting isn’t quite what they signed up for?
This can be a big problem for those who are unable to view the property before signing the lease (such as out-of-city renters). But, even if the tenant has had a chance to view the property in advance, things might not be what they expected once they’ve moved in.
There’s a big difference between viewing a property and living in one, and it can take time to discover all the things that weren’t mentioned during the viewing. With that in mind, this guide looks at what action tenants can take when the house they’re renting isn’t as expected.
Understand the Landlord’s Obligations and Responsibilities
Before taking steps to address any problems that might arise, it’s a good idea to understand the landlord’s typical responsibilities in terms of listing their property. Additionally, it helps to know what their obligations are in terms of maintenance.
Landlord Listing Obligations
In most locations, laws are in place to ensure that rental listings are not misleading in any way. This prevents false photos from being used and fake details, such as the number of rooms, square footage, and amenities included.
Landlords, or their listing agents, are also required to answer any questions put to them regarding the condition of the property honestly. Failure to comply with these obligations can result in the contract becoming void. However, proving it can be tricky, so tenants are advised to save the details of the listing before it’s removed.
In a nutshell, the property must match the descriptions and photos in the listing, be free from hazards, and any outstanding repairs should have been fixed before the new lease begins.
Landlord Maintenance Obligations
The primary responsibility of the landlord is to provide a safe, secure, and habitable property. This basically means that the house must have heating, running water, hot water, and stable access to standard utilities. In addition, the doors and windows should be lockable to ensure the security of the tenant.
The landlord is also responsible for providing a pest-free environment that is structurally sound and meets a specific set of standard living conditions. Failure to meet these obligations can also see the lease agreement become void, giving tenants the right to complain and insist that any problems be rectified.
Common Problems With a New Rental
A number of things could cause a tenant to complain about the rental.
The Property Doesn’t Match the Listing
Tenants who haven’t been able to view the property in advance could find that their rental isn’t as advertised. Blatant discrepancies, such as an entirely different unit from the one advertised, should be reported immediately. More subtle discrepancies, such as old photos that don’t honestly portray the current state of the property are still a breach of trust, and tenants have every right to complain.
The Property is Uninhabitable
If the property has no access to basic utilities, isn’t secure, or hazards are present, the landlord must rectify these issues as soon as possible. Tenants have the right to a home that is habitable, and failure to respect this right can put the landlord in a lot of trouble.
New Damage to the Property
If the property has become damaged since the tenant visited, such as a burst pipe causing severe water damage, the unit will normally be classed as uninhabitable. The landlord will be required to fix the issue and repair any damage as soon as possible.
The Property Isn’t Clean
Landlords are responsible for having the unit cleaned between tenants. If it’s not adequately cleaned, tenants should take photos and complain to the landlord.
5 Steps To Take if Your Rental Isn’t as Expected
If a tenant arrives at their new rental and finds that things aren’t as expected, they have several options.
1. Take Out Renter’s Insurance in Advance
Tenant’s insurance isn’t compulsory, but it can offer protection in some cases, such as if the property is uninhabitable when the tenant moves in. With the right policy, their living costs will be covered until their rental is ready to move into.
2. Take a Thorough Inventory
Tenants are advised to carry out a move-in inventory before they move their belongings to their new house. In many places, this is a legal requirement, and both the landlord and tenant are required to inspect the property and draw up a detailed inventory that details any existing damage and wear and tear.
If conditions in the property are unacceptable and existing damage isn’t included in the inventory, tenants are not required to sign it off.
3. Gather Evidence
In case of damage, a house that hasn’t been properly cleaned, or a property that doesn’t match up to the listing, tenants are advised to gather as much evidence as possible. Be sure to take plenty of timestamped photos or videos that document the issues. If the listing misrepresented the property, ensure a copy of the original listing is on hand.
4. Contact the Landlord or Property Manager
With hard evidence to hand, tenants should next contact their landlord or property manager to notify them of the issue. Correspondence should be polite and professional, and it’s important to get it in writing. For emergencies, like a burst pipe, be sure to call immediately, otherwise, write an email to ensure a paper trail in case the issue needs to be escalated later.
In most cases, the landlord will want to do what they can to rectify the problem and any issues are likely to be a genuine mistake rather than malicious.
5. Take Legal Action
If after several communication attempts, the landlord refuses to comply and has obviously breached the lease agreement, tenants may need to escalate the situation. It’s advisable to seek legal help at this point to discuss the various options and how best to proceed. Having gathered evidence from the get-go can help a tenant’s case.
