Arbitration and ADR for Landlords and Tenants in The Bahamas

Arbitration

 

The law of real property goes back an extremely long time.  The Bahamas is presently in the midst of proposed property law reform, which will revolutionise the law relating to land ownership and title.

Property law is complicated, but if you are involved with property you need to know the rules.

• Arbitration - A means of resolving disputes using an independent arbitrator as opposed to a court of law.
• Often used for lease contract disputes, rent reviews etc.

The Courts & Property Dispute Resolution  

 

The courts are one means of resolving disputes between individuals, companies and landlords and tenants, but they are not necessarily the most effective, particularly where the parties previously enjoyed and may well want to continue to enjoy a close working relationship. 

The main problem with the court system is that it is primarily an antagonistic process: it pits one party against the other in order to determine ultimately a winner and a loser. 

As a consequence the court system tends to emphasise and heighten the tension and conflict between the parties as each tries to show the other in the worst possible light, rather than trying to reach an amicable compromise.

Alternative Dispute Resolution (ADR)  

The courts themselves recognise the effectiveness and increasing importance of alternative means of resolving disputes, and indeed judges will sometimes suggest this course of action prior to a court hearing.

What is Arbitration 

 

This is a procedure where the parties to a dispute refer the issue to a third party (usually an expert in the field) for resolution rather than taking the matter to the law courts. 

Section 3 of the Arbitration Act 2009 states:

• The object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense.
• The parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest.

Your lease agreement may make provision for disputes arising between landlord and tenant to be dealt with by arbitration as opposed to a court of law, and usually specify how the arbitrator is to be appointed.

If one party seeks to start a court action in the face of a prior agreement to arbitration, the other party can request a stay of litigation from the court. If, on the other hand both parties opt for court action the arbitration agreement can be ignored.

There are limited rights of appeal after an arbitration decision is made and may only be allowed at the discretion of the courts on a point of law.

The court has the power to order a party to comply with an order of an arbitration tribunal.

In general the courts have no objections to individuals settling their disputes by voluntary means such as arbitration though they are careful to maintain their supervisory role.

Arbitration agreements are no different to other forms of contract and as with other forms of contract law disputes the courts will strike out any attempt to oust their ultimate jurisdiction as being against public policy.

Both parties to an arbitration dispute will be jointly and severally liable for the costs and fees involved.

The Advantages of Arbitration: 

• Privacy - Arbitration tends to be a private procedure so outsiders do not have access to sensitive information and the parties do not have the risk of bad publicity arising from newspaper reports.
• Informality - the proceedings are much less formal that a court case and scheduling is often more flexible.
• Speed - The process is usually much quicker that a court case. However, if one party decides to challenge the decision through the courts then the process will be ultimately longer and greater in cost.
• Expertise - The person appointed is usually someone with expert knowledge of actual practice in the filed, whose decision should reflect this.
• Cost - Arbitration is usually a much cheaper process. However, the cost of expert's fees should not be underestimated.

The Advantages and Disadvantages of Arbitration 

• Lower cost
• Accessible
• Expert knowledge of their particular subject 
• Balance
• The no-costs rule and lack of legal aid penalise poor litigants, although they do keep costs down.
• The procedure means that if you do not know what you are doing the arbitrator will help you.
• Arbitrators’ local knowledge can be beneficial.
• They help reduce the workload of the judiciary.
• They reduce the workload of government departments.

How are Arbitrators Controlled 

• Judicial review
• Appeals are to the Supreme Court on points of law

This is for your information only and nothing contained in this Memorandum is intended to constitute a legal opinion.  If you require any detailed advice you may contact an experienced Bahamian arbitration attorney by clicking here.
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What laws in The Bahamas protect me from bank reposession?

The recent economic downturn has led an increase in the number of people who are unable to maintain their mortgage repayments on their homes. This has led to an increase in the number of home repossessions. Lenders have the right to repossess your home if you have defaulted on your mortgage payments. However, there are laws in place to protect borrowers from actions of unscrupulous lenders. Lenders are not entitled to repossess a home immediately. They should try to resolve the problem with you first and only use repossession as a last resort.  Lenders must notify you of your mortgage arrears and request that you pay them within a certain time, or by following a schedule of repayment.  At this point lenders will appreciate your communication with them and they may agree to a repayment schedule that is practical for you and your financial situation.  If you have been sent a demand for payment, a banking law attorney can outline your options.

If you fail to respond to the lender’s initial requests, they will typically notify you of their intention to sell the property.  This is not the only remedy a Lender has in these kinds of circumstances, however, it is definitely the most commonly used as it allows the Lender to act without having to seek an Order of the Court.

When the Lender seeks to exercise its power of sale over the property, the Lender is under certain responsibilities.  Firstly, Lender is under a duty to realise the best possible purchase price for the property - however, because they also have a desire to clear their account/arrears as soon as possible, there is a risk that the property will be sold under value. This will be at your expense.

Prior to repossession, you should secure two independent surveyors valuations or sales particulars from real estate agents, including the asking price.

 

You should then take the following steps:

1. Do not trash the property or leave it in a messy/unclean state. Treat the property as if you were trying to sell it yourself for the best price. Every extra penny you get will be to your future benefit.
2. Make an enquiry with the lender to confirm the date that their real estate agent was instructed (if you think the agent is unsuitable - for example they are not local or they specialise in a different sector of the property market, tell the lender in writing).  In a lot of cases Lenders will market the properties by listing them in the newspapers.  They will list the property usually by stating the appraised value.  You may wish to obtain your independent appraisal to verify the appraised value and you should notify the Lender of your intention to do so immediately.
3. If the listing price is way below value, set out your concerns in writing. Note - do not demand that the property be listed at an unreasonable level, especially in a cool housing market - it will take longer to sell, and your liability for mortgage will simply increase while the interest on your loan continues to accrue.

If you believe your home is about to be repossessed, you are advised to seek legal advice as soon as possible.  An expert attorney will be able to inform you of your options and may be able to negotiate with your Lender to find an alternative solution.

Disclaimer

While we have made every effort to provide accurate information, the law is always changing and affects each person differently. This information is no substitute for specific advice about you personally and we will not be liable to you if you rely on this information.If you require specific advice you can contact us by clicking here.

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Making a Personal Injury Claim in The Bahamas

Claiming compensation

An immense number of people are injured in accidents each year - at home, in their cars, at work, or outdoors. In many cases, someone else or something else is at fault and the accident victims have a right to compensation.

Although personal injury law is complicated, with the help of a personal injury attorney the process of making a claim can be quite straightforward. Many attorneys offer a free initial consultation and will be able to tell you if you have a justifiable claim.  You may, however, be required by your personal injury attorney to pay a small consultation fee.

What your attorney needs from you

To establish the details of your case, your personal injury attorney will need to know:

• the date of the accident and where and how it happened;
• the contact details for any witnesses;
• the details of your injuries, medical diagnosis and treatment; and
• whether you are a member of a trade union, as this may

The attorney may also need to see:

• proof of your loss of earnings and other financial expenses which are the result of your injury;
• documents relating to any insurance policies you have (such as household or motor insurance) to check whether these will cover the legal costs of your claim; and
• any documents that can be used to support your claim, including documents from before your accident or any evidence of previous accidents in similar circumstances.

How your attorney can help

Once you have explained the circumstances of your injury in detail, your Bahamian personal injury attorney will be able to judge:

• how likely your case is to succeed; and
• how much you might be able to claim in compensation.

They will also explain to you the legal processes involved in taking your claim further. And they will discuss with you exactly how you will fund your case. Don't be afraid to take notes, and make sure you ask your Bahamian personal injury attorney to send you a letter summarising the advice he or she has given you. This letter should confirm:

• that the attorney is happy to take your case on;
• the name and status of the attorney or other person in the firm who will be your main day-to-day contact;
• how long the process is likely to take and arrangements for progress reports;
• how you are funding the case, an estimate of your costs and any agreed spending limits;
• when you might have to pay the attorney's costs and when you might have to pay the defendant's costs (see 'Costs');
• details of any more information you need to provide; and
• what you should do if, for any reason, you are not happy about the way your case is progressing.

Making your claim

The first step your Bahamian personal injury attorney will take is to send a claim letter to the defendant. This sets out the details of your injury and the circumstances in which it took place. If you need an expert opinion to support your claim - from a doctor, for example - your Bahamian personal injury attorney will suggest a relevant specialist.

The person you are holding responsible for your accident (the 'defendant') then has to investigate and reply to the letter within a fixed period - your Bahamian personal injury attorney's letter to the defendant will specify the time within which the defendant is to reply. In their reply they must say whether they accept or deny liability for your injury. If they accept liability, your Bahamian personal injury attorney will try to settle the matter out of court.

Making an offer

Your Bahamian personal injury attorney will tell you what they think the value of your claim is. They may also ask you to give an indication of the level of compensation you are prepared to accept, and whether you want to make an 'offer to settle' for that amount. Your Bahamian personal injury attorney should also explain the effect of entering into negotiations and how best to protect you in the process.

If the defendant 'responds reasonably' to this offer and a figure is agreed, the matter can be settled without going to court. In some situations, the defendant may reply with a counter-offer of settlement. If this happens, your attorney will advise you what to do.

Court settlements

If you cannot settle for a fair amount out of court, your Bahamian personal injury attorney will advise you on whether to start legal action. If the defendant says they are not liable for paying you compensation, your Bahamian personal injury attorney may advise you to go to court to challenge them and to ask the court to award you compensation.

Countdown to court

If you decide to take the matter to court, your case will be passed to a judge. That judge will then be in charge of the timetable for your case in court. The court will let you know the date of your hearing, and your Bahamian personal injury attorney will tell you about any preparations you need to make.

The thought of going to court may be daunting, but it is important to remember that by this stage your Bahamian personal injury attorney will have prepared your case in detail and will have explained to you exactly what to expect. Then it's just a question of waiting to hear the judgement and finding out if you have won and have been awarded what you were claiming.

Costs

Attorneys' fees

Charges can vary between attorneys. They depend on:

• the experience and knowledge of the attorney; and
• the type and complexity of your case.

Before you decide who to use, check with a few different attorneys' firms to compare their charges and assess their experience at handling your type of case.

Your Bahamian personal injury attorney may ask you to pay their expenses to support your case as it progresses (for example, the cost of medical evidence). These expenses are known as 'disbursements'.

Covering your costs

There is no real system of legal aid for personal injury cases in The Bahamas . But if your case is successful, the defendant should pay most of your legal costs. This is because under Bahamian law the losing side generally pays the winning side's legal costs as well as their own. The question is: what if you lose?

There are not many options available in The Bahamas to make sure that you can cover your costs if this happens. The Code of Conduct of Attorneys in The Bahamas specifically prohibits an attorney from entering into a "no win no fee" arrangement with a client or potential client.  This means that, if you lose, you may be stuck with a heavy burden of paying your and the defendant's costs.  It is important for your Bahamian personal injury attorney to properly advise you of this and give you a realistic expectation of the likelihood of success of your claim to allow you to make an informed and realistic decision in proceeding with your claim.

This post is for your information only and nothing contained in this post is intended to constitute a legal opinion.  If you require any detailed advice you can contact a Bahamian personal injury attorney by clicking here.

General advice on Bahamian Legal Issues: Arbitration and ADR (Property)

General advice on Bahamian Legal Issues: Arbitration and ADR (Property)

Arbitration and ADR (Property) in The Bahamas

Arbitration

Property law goes back a long time.  The Bahamas is presently in the midst of proposed property law reform, which will completely change the law relating to land ownership.   Property law is complicated, but if you are involved with property you need to know the rules.

• Arbitration - A means of resolving disputes using an independent arbitrator as opposed to a court of law.
• Often used for lease contract disputes, rent reviews etc.

The Courts & Property Dispute Resolution  

The courts are one means of resolving disputes between individuals, companies and landlords and tenants, but they are not necessarily the most effective, particularly where the parties previously enjoyed and may well want to continue to enjoy a close working relationship. 

The main problem with the court system is that it is primarily an antagonistic process: it pits one party against the other in order to determine ultimately a winner and a loser. 

As a consequence the court system tends to emphasise and heighten the tension and conflict between the parties as each tries to show the other in the worst possible light, rather than trying to reach an amicable compromise.

Alternative Dispute Resolution (ADR) 

The courts themselves recognise the effectiveness and increasing importance of alternative means of resolving disputes, and indeed judges will sometimes suggest this course of action prior to a court hearing.

What is Arbitration 

This is a procedure where the parties to a dispute refer the issue to a third party (usually an expert in the field) for resolution rather than taking the matter to the law courts. 

Section 3 of the Arbitration Act 2009 states:

• The object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense.
• The parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest.

Your lease agreement may make provision for disputes arising between landlord and tenant to be dealt with by arbitration as opposed to a court of law, and usually specify how the arbitrator is to be appointed.

If one party seeks to start a court action in the face of a prior agreement to arbitration, the other party can request a stay of litigation from the court. If, on the other hand both parties opt for court action the arbitration agreement can be ignored.

There are limited rights of appeal after an arbitration decision is made and may only be allowed at the discretion of the courts on a point of law.

The court has the power to order a party to comply with an order of an arbitration tribunal.

In general the courts have no objections to individuals settling their disputes by voluntary means such as arbitration though they are careful to maintain their supervisory role.

Arbitration agreements are no different to other forms of contract and as with other forms of contract law disputes the courts will strike out any attempt to oust their ultimate jurisdiction as being against public policy.

Both parties to an arbitration dispute will be jointly and severally liable for the costs and fees involved.
The Advantages of Arbitration: 

• Privacy - Arbitration tends to be a private procedure so outsiders do not have access to sensitive information and the parties do not have the risk of bad publicity arising from newspaper reports.
• Informality - the proceedings are much less formal that a court case and scheduling is often more flexible.
• Speed - The process is usually much quicker that a court case. However, if one party decides to challenge the decision through the courts then the process will be ultimately longer and greater in cost.
• Expertise - The person appointed is usually someone with expert knowledge of actual practise in the filed, whose decision should reflect this.
• Cost - Arbitration is usually a much cheaper process. However, the cost of expert's fees should not be underestimated.

The Advantages and Disadvantages of Arbitration 

• Lower cost
• Accessible
• Expert knowledge of their particular subject 
• Balance
• The no-costs rule and lack of legal aid penalize poor litigants, although they do keep costs down.
• The procedure means that if you do not know what you are doing the arbitrator will help you.
• Arbitrators’ local knowledge can be beneficial.
• They help reduce the workload of the judiciary.
• They reduce the workload of government departments.

How are Tribunals Controlled 

• Judicial review
• Appeals are to the Supreme Court on points of law

This post is for your information only and nothing contained in this Memorandum is intended to constitute a legal opinion.  If you require any detailed advice please contact an attorney.  If you require more detailed advice you can contact EXPERIENCED BAHAMIAN ARBITRATION LAWYERS by clicking here.

Renting out your Property in The Bahamas

The key to peace of mind

Renting out your property may seem like an easy source of income, but it can be a legal minefield. If there are disagreements between you and your tenants, it can quickly become a drain on your time and resources. The best way to avoid this is to take the right legal advice at the start. Bahamian property attorneys can deal with all areas of Landlord and Tenant Law and are skilled in settling disagreements. But prevention is better than cure. Before you even look for a tenant, a Bahamian property attorney can help you decide what the terms of the tenancy will be and can build these terms into a written 'tenancy agreement' or 'lease' tailored to your needs.

Tenancy agreements

A tenancy agreement is a contract between you and your tenant. This contract can be written or verbal. In The Bahamas there is no law to say that landlords have to provide a written tenancy agreement, but it is a good idea to do so. Otherwise, if you have a dispute with your tenant about the terms of the agreement, it is your word against theirs as to what was agreed.

The main advantage of having a written tenancy agreement is that it sets out your rights and responsibilities as a landlord in a way that is legally enforceable. This keeps disagreements to a minimum because both sides know where they stand.

 

Getting advice

Ideally, you should contact your Bahamian property attorney as soon as you start thinking about renting your property out. This will give you a clear idea of the terms to offer to any tenant you are considering. A Bahamian property attorney can:

• explain the different types of tenancy agreement and identify the most suitable for you;
• draw up or check a tenancy agreement for you;
• highlight the essential requirements and terms of your tenancy agreement;
• explain any related legal issues;
• warn you of any pitfalls, including advice on how to end an agreement; and
• give you advice on the type of tenant references to ask for.

 

Drawing up your agreement

Once you have appointed an attorney, they will explain your rights and responsibilities as a landlord. You then have the opportunity to explain your specific needs and concerns. This will help the Bahamian property attorney to draw up a tenancy agreement that is tailor-made to your needs. During this process, your Bahamian property attorney will cover the following issues with you.

 

Length and type of tenancy

What type of tenancy do you want? How many tenants will live in the property? What notice will you or your tenant need to give to end the tenancy? How long will the tenancy last?

 

Restrictions

What restrictions do you want to place on your tenants about keeping pets or playing loud music?

 

Rent

How much rent can you charge? When must the tenant pay the rent? What penalties are there for paying late? When can you increase the rent? Are there to be any utilities etc. included in the rent?

 

Deposits

What deposit must the tenant pay? Is the property furnished? If so, will the agreement include a list of furnishings and fittings? When should you return the deposit and in what circumstances can you keep it?

Service charges and repairs

Will you provide any services such as laundry, maintenance or meals? Will you be making separate service charges for these? What are your duties to make repairs?

 

Access

What are your rights to enter the property? It is a good idea to give all these issues some thought before you visit your Bahamian property attorney, and to take along any documents which may be relevant.

 

Using the agreement

Once you have a tenancy agreement, make sure that both you and your tenant sign it at the start of the tenancy. You must give your tenant a copy of the agreement if they ask for it.

 

Related matters

Your Bahamian property attorney can also give you advice on some of the broader issues involved in being a landlord, such as tax liability and what to do if the property you want to rent out is mortgaged.

 

Disagreements

If you do have a disagreement with your tenants, there are several ways your Bahamian property attorney can help. Whether it's a simple case of checking your legal rights, or something more complicated such as adapting your tenancy agreement, negotiating a solution or even going to court, your Bahamian property attorney has the knowledge and experience to support you.

 

Costs

Charges can vary between attorneys and depend upon the type and complexity of the tenancy agreement you want. Before you decide who to use, check with a few local attorneys to compare their charges. Remember that you may have to pay more for a more experienced attorney.

 

Disclaimer

While we have made every effort to provide accurate information, the law is always changing and affects each person differently. This information is no substitute for specific advice about you personally and we will not be liable to you if you rely on this information.  If you would like more specific legal advice you may e-mail us by clicking here.

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Making a Will in The Bahamas

Who should make a will?

If you care about what happens to your property after you die, you should make a will. Without one, the State directs who inherits, so your friends, favourite charities and relatives may get nothing.

It is particularly important to make a will if you are not married and live with a cohabitant who you would like to be cared for should you pass away. This is because the law of The Bahamas does not automatically recognize cohabitants (partners who live together) as having the same rights as husbands or wives. As a result, even if you've lived together for many years, your cohabitant would be left with nothing if you have not made a will.

A will is also vital if you have children or dependants who may not be able to care for themselves. Without a will there could be uncertainty about who will look after or provide for them if you die.

You should consider taking legal advice about making a will if:

• several people could make a claim on your estate when you die;
• you want to include a trust in your will (perhaps to provide for young children or a disabled person, or simply protect your assets in some way after you die);
• you own all or part of a business.

Once you have had a will drawn up, some changes to your circumstances - for example, marriage, separation or divorce - can make all or part of that will invalid or inadequate. This means that you must review your will regularly, to reflect any major life changes. A Bahamian attorney can tell you what changes may be necessary to update your will.

Using an attorney

Although it is possible to write a will without an attorney's help, this is generally not advisable as there are various legal formalities you need to follow to make sure that your will is valid. Without the help of an expert, there's a real risk you could make a mistake, which could cause problems for your family and friends after your death.

What your attorney will need to know

Once you have appointed a Bahamian attorney, they will need the following details from you.

What you own

Details of everything you own, including property, cars, personal valuables, stocks and shares, bank accounts, insurance policies, any businesses you own, and pensions.

Who gets what?

Who do you want to leave these assets to? How do you want to divide your property between your loved ones, friends or charities? Are there any conditions you want to attach to these gifts (for example, that young people must reach a particular age before they are paid money you have left them)? Do you want to leave money to charity?

Family and other beneficiaries

Details of your family and status. Are you married? Do you have any children or any other dependants? If you give your Bahamian attorney relevant details, they can tell you about any legal pitfalls.

Guardians

If you have any children that may still be under 18 when you die, you may need to name someone as their legal guardian.

Other wishes

Do you have any particular wishes for your funeral? Do you want to be buried or cremated? Are there any other instructions? For example, if you want to be an organ donor this can be included in your will.

Executors of your will

You must also name the people you want to appoint as 'executors' of your will - the people who carry out the administration of your will after your death. These could be friends or family members, or a professional such as your attorney. A good combination would be a friend or family member and a professional. Ideally, you should choose someone who is familiar with financial matters. Make sure you ask your executors whether they are happy to take on this duty as there are long-term responsibilities involved, particularly if you include a trust in your will. It is a good idea to ask someone younger than you are.

Signing the will

Once the will has been drawn up it is not effective until it has been signed. There are several rules affecting the signature process which, if not followed correctly, will make your will invalid. For example, witnesses and their husbands or wives cannot benefit under the will. Many people use staff at their attorney's office to act as their witnesses to avoid this problem.

Where to keep the will

It is important to keep your will in a safe place and tell your executors or a close friend or relative where it is. People often ask their attorney to store their wills for them. Most attorneys will do this for free, but sometimes there is a small fee.

Keeping your will up to date

You should review your will at least every five years and after any major life change such as getting separated, married or divorced, having a child or moving house. It is best to deal with any major changes by getting a new will drawn up. But it is also possible to make minor changes (or 'codicils') to your existing will. In both cases it is best to consult an attorney.

Costs

Charges for drawing up a will can vary between attorneys. They also depend on:

• the experience and knowledge of the Bahamian attorney; and
• how complicated your will may be.

Before you decide who to use, check with a few local attorneys to find out how much they charge. But remember that cost should not be the only consideration. It is equally important to find an attorney who is approachable and whose advice you understand.

Disclaimer

While we have made every effort to provide accurate information, the law is always changing and affects each person differently. This information is no substitute for specific advice about you personally and we will not be liable to you if you rely on this information. If you would like more specific advice, you can e-mail us by clicking here.

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Renting a home in The Bahamas

The key to a quiet life

Disagreements between tenants and landlords can be long and sometimes bitter. Yet most can be avoided with the right legal advice at the start.

Your Bahamian Landlord and Tenant Attorney can deal with all areas of Landlord and Tenant Law and are skilled in settling disputes. But prevention is better than cure. The key to a happy tenancy is to understand your rights and duties as a tenant and to make sure your tenancy agreement or Lease reflects them. This is why it's vital to visit a Bahamian Attorney before you agree to your landlord's terms.

Leases and tenancy agreements 

A lease is a grant of exclusive possession of property for a fixed term, in exchange for payment of rent.

Leases grant a legal interest in land, as opposed to an equitable interest and are granted by deed for this purpose.

The person granting the lease is known as the landlord or lessor, and the person entitled to possession known as the tenant or lessee.

A tenancy agreement is a contract between you (the tenant) and your landlord. This contract can be written or verbal. In The Bahamas there is no law to say that landlords have to provide a written tenancy agreement, but it is always a good idea to ask for one - even if your landlord is a friend or family member. Otherwise, if you have a dispute with your landlord about the terms of your tenancy, it is your word against theirs as to what has been agreed.  This can create serious problems for you which can prove stressful and costly in the event of a dispute between you and your landlord.

How long will it take?

If the tenancy agreement you are considering is relatively straightforward, you will probably only need one meeting with your Bahamian landlord and tenant attorney to check the agreement through. Your Bahamian landlord and tenant attorney will then send you a letter to summarize the advice they have given you.

What will the meeting cover?

If your landlord has given you a written agreement to sign, bring it with you. Your Bahamian landlord and tenant attorney will go through it point by point to:

• check that it is legal
• explain the basic requirements of the agreement; and
• warn you of any pitfalls.

You will need to consider the following key issues

Length and type of tenancy

When does the tenancy start and finish? What notice does the landlord have to give you to end the tenancy? Under what circumstances can you be evicted? What do you have to do if you want to end the tenancy? 

Lease restrictions

What restrictions has your landlord placed on you keeping pets, hanging out washing or playing loud music after hours? Are these restrictions reasonable? What happens if you ignore them? 

Rent

When do you have to pay the rent? What might happen if you don't pay on time? Will you have to pay interest? How often and when can the landlord increase your rent?

Deposits

How much do you pay and when do you get it back? Is there a list of fixtures and fittings which your landlord has left in the property?

Service charges and repairs

Will the landlord provide any services, such as laundry or maintenance? Are there separate service charges for these? What are the landlord's duties to carry out repairs? Can you withhold rent if the property is in disrepair? 

Access

What are the landlord's rights to enter your home? Are other people allowed to use the property? If so, which rooms can they use? 

Further action

If any of your landlord's terms seem unreasonable or inconvenient, your Bahamian landlord and tenant attorney can tell you how best to go about raising these concerns. 

Disagreements

Sadly, most tenants don't take advice until matters have reached crisis point and they find themselves evicted or their rights abused. Although it is rarely as easy to solve a problem at this stage, your Bahamian landlord and tenant attorney has the knowledge and experience to see the matter through. 

Costs

Charges can vary between attorneys. They depend on:

• the experience and knowledge of the attorney; and
• how complicated the tenancy agreement is.

Before you decide who to use, check with a few different local attorneys' firms to compare their charges. Remember that you may have to pay more for a more experienced attorney. 

Disclaimer

While we have made every effort to provide accurate information, the law is always changing and affects each person differently. This information is no substitute for specific advice about you personally and we will not be liable to you if you rely on this information.If you require more detailed advice, you can e-mail an experienced Bahamian Landlord and Tenant law attorney by clicking here.

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Welcome to my blog on Bahamian Legal Advice

I have been thinking for awhile now about convenient methods to be able to promulgate basic knowledge to Bahamian people about common legal issues that often arise in our lives.  The majority of people don’t consider the legal ramifications of decisions they make until something goes wrong.  This can be either because they are not aware of the potentially far-reaching consequences, or the person or corporation with whom they are doing business exerts tremendous pressure on them to accept terms of contracts that they are not given an opportunity to examine their situation and properly prepare or protect themselves.

The purpose of this blog is to provide general legal knowledge about issues that we are exposed to almost on a daily basis.  I will try to touch on different issues on a regular basis.  I will also update you on any changes to the law.  I will also try to give you some advice on practical, as well as legal, issues; in hopes that my work can enrich your lives, even if only a little bit.  This way, I know that what I am doing is worthwhile.

I am a Counsel & Attorney-at-Law in The Bahamas with experience in a breadth of areas of law and I hope that my knowledge may assist you in dispensing with your legal issues or, better yet, preventing them from arising.

I welcome your questions or suggestions of any specific areas that you would like for me to discuss.  Your questions may give me new areas of law or issues to research and I am always content with new challenges to work on.

I hope you find my site useful and feel free to provide any comments.