Tenancy agreement

Posted in Uncategorized  by matt2 on May 6th, 2008

A tenancy agreement is a contract between a tenant and the landlord. There are two types of tenancy agreements:

> Written

> Oral

The tenancy agreement empowers the tenant and the landlord with certain rights and gives them specific duties. For example: The tenant gets the right to occupy the landlord’s accommodation by agreeing to certain laws and rules laid down by the landlord(like no drugs etc.) while it gives the landlord the right to receive rent from the tenant month after month, till as long as the tenant stays and occupies the property.

A tenant and a landlord may have made specific tenancy agreements by discussing certain points and rules that both have to follow and abide by. All these become a part of your tenancy agreement contract as far as they do not have any conflict with the law of the state in question.

The law gives both, the landlord and the tenant certain rights and responsibilities that they can exert and must abide by. The tenancy agreement can give you more rights than the ones given to you by the law, however, it cannot diminish them in any way since that would create a conflict between the landlord, the tenant and the law. However, if a particular term or clause in the Tenancy agreement gives the tenant or the landlord rights lesser than those set forward by the law, those rights cannot be enforced since the enforcement of those rights would violate the law and land either the tenant or the landlord in some trouble.

A tenancy agreement is made of two kinds of terms: Express terms and implied terms. As the nomenclature suggests, expressed terms are the ones expressed and written down or orally discussed in the tenancy agreement while the Implied terms are the ones that are given by arrangements and specification in the law of the state. The implied terms are supposed to be assumed if not discussed in the tenancy agreement.

Hence, short and sweet, a tenancy agreement is just the basic agreement a tenant and landlord have before the landlord rents out property to the tenant allowing him to accommodate and occupy it.