Landlord and Tenant : Obligations of both parties

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Even before you start searching for a property to rent, it is very important to understand the legal aspects of being a tenant.

When you become a tenant, you take on certain responsibilities in exchange for certain rights. Your tenancy agreement will typically be 4-5 pages long and very detailed. It lists your responsibilities; so read it carefully. As a minimum, it will show:

  • The names of the landlord and tenant
  • How much the rent and deposit is
  • When the rent will be reviewed
  • The address for the landlord or agent who will be looking after the property.

Landlord’s Obligations

  • You must hand the premises over to the tenant in a decent habitable state. Any equipment mentioned in the lease must be in good working order.
  • You must guarantee the tenant a peaceful enjoyment of the premises and guarantee against any natural faults or defects which may in any way hinder this.
  • You must maintain the premises to the standards required for the use as stipulated in the lease and make all necessary repairs, other than those which are the responsibility of the tenant, so as to ensure that the premises are properly maintained at all times.
  • Do not oppose all the installations made by your tenant, as long as they do not constitute a transformation of the premises.

Tenant’s obligations

  • Pay the rent and charges as per the dates stipulated in the lease, as well as the deposit guarantee if required by the lease.
  • Use the rented property for the purpose agreed (residence or residence / business).
  • Maintain the premises by taking responsibility for any repairs which are incumbent on the tenant. You will be responsible for maintenance work and any minor day to day repairs (electrical, plumbing, openings, generator, pool pump, etc). With regards to ceilings, internal walls and partitions, you are expected to ensure that they are kept clean and to carry out, whenever needed, any minor paint or touch-ups and fill in any holes. The same applies to the floors. You will also be responsible for the on-going maintenance and repair, or eventual replacement of all the equipment mentioned in the lease, such as the refrigerator, washing machine, dishwasher and oven hood, etc.
  • Not to transform the rented premises and equipment without the approval of the landlord. In the absence of his agreement, the landlord can insist, upon your departure, that you restore the premises to its original state or can decide to keep the changes you have made without compensating you. He can even insist, at your cost, on the immediate restoration of the premises if these changes negatively affect the good working order of the said equipment or the security of the premises.
  • Take out an insurance policy that covers rental risks (mainly damage caused by water and fire).
  • Not sub-let a part or the whole of the premises or transfer the lease without the approval of the landlord.
  • Allow improvement works to the common or private areas within your building to be effected, as well as any work required for the maintenance and upkeep of the rented premises. However, if these works last longer than 40 days, you are entitled to ask your landlord for a reduction in rent. Should these works render the premises uninhabitable, you can terminate the lease without any notice.

Obligations
Both landlord and tenant have obligations in the case of a property lease. The obligations have to be mentioned in the contract that will be signed by both parties.

Please note that the communicated information on this site is not contractual. It is provided for informational use only and does not engage the responsibility of www.lexpressproperty.com

  1. The Rental Market in Mauritius
  2. Furnished / Unfurnished accommodation or Residential complex
  3. Landlord and Tenant : Obligations of both parties
  4. Signing a lease
  5. The Guarantee Deposit
  6. Let With Pets
  7. Steps and advices regarding Property Rental
  8. 8 ways to customize a rental

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