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.
