If your landlord sells the house you are renting, there are a few things you need to know. While it’s a common thing to see landlords selling their properties, you need to be aware of the tenant rights that are specific to your area and lease agreement type.
For example, you don’t have to let estate agents in or prospective buyers into your home if you don’t want them to. You can also refuse entry to the police.
1. Right to remain in the property
If your landlord sells their property, it’s important to know your tenant rights. The rules may vary slightly from province to province, but you can generally expect that your tenancy will continue after the sale and you’ll have the same responsibilities as before.
You have the right to live in your rented house or apartment without being disturbed by anyone who does not have a valid reason to enter. This includes other tenants, neighbours, landlords, contractors, and government law enforcement agents.
It’s also your right to have repairs or maintenance done in a reasonable amount of time. This can include things like your water, gas, and electricity. It’s also important to note that some cities have strict laws about how long you must wait for these services to be completed.
This is an important issue for a landlord, since they have the legal responsibility to ensure that their properties are well maintained. If you have any concerns about the condition of your home, you can ask your landlord to do a repair inspection or make changes if necessary.
In Bc, if your landlord sells their house, you can keep living in your rental home as long as the new owner agrees to uphold all of your tenancy responsibilities. The new owner is not allowed to evict you for any reason.
During the first 6 months of your tenancy, you do not have to pay rent unless you are seriously anti-social or the fabric of the house is threatened. However, if you breach your tenancy responsibilities, your landlord can ask you to leave and they have to give you a notice period of at least 90 days.
2. Right to live in quiet enjoyment
The implied warranty of quiet enjoyment gives tenants the right to live in their homes without disturbance by a landlord or anyone acting on his behalf. This is a right that most rental agreements include and cannot be waived.
When a landlord requests access to your home, he must give you advance notice. This means the landlord should contact you if it is planned to do any work, make repairs, examine the property for upkeep or show it to prospective buyers.
As a courtesy, landlords should always notify you before entering your home, and any visitors should only be allowed at reasonable times (such as after hours). However, there are exceptions to the rule for emergency situations like fires or gas leaks.
If you feel that your right to peaceful enjoyment is being violated, it’s a good idea to keep detailed notes about the situation. Also, ask what is being done to resolve the issue and when.
A common breach of the implied warranty of quiet enjoyment occurs when the tenant is living in a multi-family unit and neighbors are noisy or disruptive. In these cases, a landlord must take steps to address the problem with both tenants.
A tenant who feels their rights have been violated can file a complaint against the landlord, and seek money damages from him. A court may award them actual damages or three times the rent if a violation is proven.
3. Right to refuse entry
Landlords may have to access their rented property for inspections or repairs, and the tenant will need to allow them entry. However, in most instances (emergencies and invitations by the tenant are exceptions), landlords must give their tenants a reasonable notice of the purpose for entering.
If a tenant refuses entry, it may be illegal for a landlord to enter the property. This would violate the tenant’s right to privacy, as well as trespass or harassment in general.
The best way to prevent this from happening is to discuss the issue with the tenant in a calm, respectful manner. If this does not resolve the issue, it could be time to write a formal letter via certified mail requesting that the tenant cease violating the landlord’s access rules.
In the state of New York, a landlord cannot enter a residential unit without consent from the tenant or a court order. Additionally, a landlord must not enter the unit in a forceful or violent manner (e.g., by force or intimidation).
To obtain the right to enter a residential unit, a landlord must provide the tenant with notice that they wish to enter the unit and that it will take place at a particular time. The landlord must also notify the tenant of their rights to refuse entry, which can include a right to terminate the lease agreement.
If a tenant refuses to permit a landlord entry into their residential unit, the tenant can file a claim in small claims court against the landlord. The claims can include invasion of privacy, trespass, harassment or violation of the covenant for quiet enjoyment. If the tenant wins, the landlord may be forced to pay for any damage to the property caused by the entry.
4. Right to repair and maintenance
As a tenant, you are entitled to a rental property that meets basic health, safety and structural standards set forth in local housing codes. Plumbing, heating, electrical and sanitary systems must all be in good working order and pest infestations should be kept under control.
If these requirements are not met, you have the right to ask your landlord to repair and maintain the property. You can do this by making a formal written request to your landlord and telling them what repairs need to be made within fourteen days.
Your letter should clearly state what needs to be done and why it is necessary. For example, if there is a leak in the ceiling and it is affecting your living space, you should write to your landlord and tell them that the leak must be fixed.
In some states, you can withhold your rent if the condition is not corrected. This is called the “implied warranty of habitability.”
However, it should be noted that you can only use this law if the problem is caused by something that was outside your control. For example, if your landlord is responsible for fixing the problem but did not do so, you cannot withhold rent.
Additionally, you should be sure to check your rental agreement or advertisement for the property to see what responsibilities are assumed by the landlord. If you are not sure what the responsibility is, or if your landlord has ignored or failed to respond to any repairs, it might be worth hiring a lawyer who can help you determine whether the law applies and what the rights of both parties are.
Most states require landlords to make repairs as part of their duty to keep their rental units in good condition. This includes repairs to things like faulty wiring, leaking pipes and broken appliances that make your apartment unsanitary.
5. Right to a quiet environment
The right to a quiet environment refers to a tenant’s ability to live in a space that is free from noise and disturbances. This includes a range of issues, including traffic noise, neighbors, and other disturbances that may not be within the landlord’s control.
Landlords should pay close attention to the noise levels in their properties, making sure that all tenants have the opportunity to experience peace and quiet in their rental units. If you notice that the noise level is affecting your tenant’s enjoyment of the property, take note of what’s happening, and make sure to resolve it quickly.
It’s also a good idea to inform your tenant about any disruptions that are occurring in their unit, including the noise from neighbors or nearby construction. Ask your tenant what you can do to help them, and what steps you need to take in order to remedy the issue.
There are several remedies that a tenant can pursue if they feel that their rights are being violated due to a breach of the implied covenant of quiet enjoyment. In most cases, tenants can withhold rent payments until the issue is resolved, or they can break their lease agreement and move out of the property.
It’s important for landlords to understand this right, especially if it’s not explicitly stated in the lease. Violating it is a breach of the implied covenant and will most likely result in legal action against you. If you are unsure whether or not your actions are violating the covenant of quiet enjoyment, talk to a lawyer at Evolve Nevada today. They can help you get on the right track and keep your business thriving.
Among many other things, David A. Grantham is a contributing author to UmassExtension West Vancouver Blo. He is a renowned expert on real estate in BC.
Born in North Vancouver, Louisiana, Dr. Grantham grew up in Lower Lonsdale. He then went on to complete his business degree at the University British Columbia. As of this writing, Grantham has completed over 100 projects, including the development of a high rise building in Vancouver.
He is a husband, father, son, brother, and friend. He was a dedicated outdoorsman and enjoyed sports such as hunting, fishing, scuba diving, and snow skiing. His wife, Alison Grantham, and their two daughters survived him. He is survived by his wife Alison Martin Grantham and two daughters.