We explain what a tenant is, what are the rights it contemplates and the different obligations that it must comply with.
What is a tenant?
The tenant is the figure opposite to the lessor in a lease or rental agreement. That is to say, the natural person orlegal person that acquires the rights of use (usufruct) of a specific asset (movable or immovable), under contractual conditions of mutual agreement and for a weather determined. In return, the tenant agrees to meet the regular payment, usually monthly, of a specific amount.
Put more simply, a tenant is someone who rents something: a building, an apartment, an office, a vehicle, etc., and buys for contract the right to use it, without considering in any way its legitimate and definitive owner.
The specific terms of the legal contract between the lessor and the tenant will always be defined in writing, in a legal document protected by the institutions judicial and according to protocols and considerations established by the legal framework of the country where the lease occurs. Under no circumstances what appears and is accepted in the contract may be illegal, since it will make the contract invalid.
Among the terms agreed by contract are usually: the time that the lease will last, the conditions in which it will be given, how the unforeseen or disagreements between the parties will be resolved and, in addition, the amount of the rental payment (along with its possible changes in time). If the terms of this agreement are violated or breached by any of the parties, the institutions and mechanisms that law contemplate to do Justice.
Rights of a tenant
The rights of a tenant will always be contemplated in the respective code of laws of the country where the lease is made, regardless of the nationality of those involved. However, it is usually considered that:
- The lessee has, first of all, the right to use the rented property as he sees fit, provided that it does not harm third parties, or deteriorate or destroy the property in question, beyond what its correct use implies.
- The lessee has the right to demand that the leased property be in the conditions promised by contract, and that the duration of the usufruct is exactly what is stipulated in the contract.
- The lessee has the right to use the leased property as his own, and to share it with those who wish to do so, as long as he takes responsibility after the eventual consequences that this may cause.
- The lessee has the right to legal consultation, to review the contractual document to ensure that it does not violate the law or does not harm their interests, as well as to be protected by the law in the event of discrepancies not contemplated in the document.
- The tenant has the right to be notified of the owner's decisions regarding the leased property in good time and with consideration for his well-being (especially in real estate).
- The lessee is entitled, in some jurisdictions, to the first purchase option in the event that the lessor puts the leased property up for sale.
Obligations of a tenant
The same occurs with the tenant's duties, stipulated by law. However, roughly, you are required to:
- Preserve the state of the leased asset, causing only the damage and deterioration that its correct use will cause.
- Fully comply with the payment of the rental amount, respecting the provisions of the contract.
- Respond to the owner and to the laws, if necessary, for the activities that occur in or involve the leased property, as well as its loss, destruction or deterioration, except in cases of force majeure or catastrophe.
- Do not sell, sublet or negotiate the leased property to third parties without at least notifying and consulting the owner first.
- Do not impersonate the owner under any circumstances.
- Consult with the owner for radical or structural changes that could be made to the leased property, and respect his final decision on the matter.