Being told that you need to move out of your apartment without notice can be against the law. Read these tips to find out or ensure that you are not being ill-treated by your landlord.
1. Harassment of tenants is illegal. Acts, such as changing locks on doors, locking up doors, taking off windows, locking entrances, locking off water and asking for sexual favours are viewed as harassment.
2. Landlords cannot sue for rent unless it is 30 days overdue. Suing is done at the Resident Magistrate's Court. The Rent Board also hears complaints for overcharging or illegal rent increases.
3. If property is damaged, landlords can sue tenants for destruction of property, in which case, it will have to be replaced by the tenants.
4. Landlords are allowed to increase rent by seven and a half per cent annually without the permission of the Rent Board.
5. If a landlord gives a tenant notice to quit the premises for arrears in rent and the tenant pays before the expiry date of the notice, the notice is no longer valid. If the notice expired, and the tenant has not paid and is still on the premises, the landlord cannot use any form of harassment to evict the tenant. He has to take the tenant to court for possession.
6. A notice to quit residential premises should be given at least one month before the due date, which must be a full rental month and should expire the day before a new rent month begins. For example, if rent is due the first of the month, the notice must be prepared and served on the tenant before the 30th or 31st of the month to expire by the 30th or 31st of the next month.
If you need more information regarding your rights as a tenant, contact: the Rent Assessment Board, The Towers, 25 Dominica Drive, Kingston 5. Telephone: 926-1590-3/906-1765/501-2905.
Security deposit - legal or not?
When renting an apartment or house, the landlord often asks for a security deposit. There have been many debates as to whether the security deposit is lawful. The Rent Restriction Act, Section 24 states: "A person shall not, as a condition of grant ... of a tenancy of any controlled premises, not being a tenancy ... for a term of 25 years or more, require the payment of any fine, premium or any like sum, or the giving of any consideration in addition to the rent."
Although the act does not address specifically "security deposits", section 24 has been interpreted to preclude the requirement of security deposits by landlords for controlled premises, which are premises for which no exemption from the act has been granted. Section 24 provides that a landlord may require a tenant to reimburse the landlord for utility and other expenses incurred by the tenant after showing the tenant the relevant bills. It also provides that if the landlord failed to pay any sum for utilities, the tenant may pay it and can deduct it from the rent.
According to a reputable lawyer, security deposits are designed by landlords to safeguard themselves in case their tenant damaged their property or left unpaid utility bills after moving out.
The lawyer also pointed out that, if a tenant damaged his landlord's premises and later moved out, it is sometimes difficult to locate the tenant, thus leaving the expense on the landlord's hands.
He also said that when someone is renting an apartment or house there is usually a written contract between the two parties.
Thus, if the rented premises are exempt from the act, and the rental agreement permits the landlord to request a security deposit, then the tenant is bound by it.
Another controversial debate is how long after a tenant moved out that he or she should be refunded his or her security deposit. According to lawyers, it should be ideally ready the day the tenant is moving out when the landlord is examining the premises.
And, if he is comfortable that there is no considerable damage, then he should return the security deposit to the tenant.
- Keisha Shakespeare-Blackmore
