We explain what a tenant is, what rights it includes and the different obligations it must comply with.
What is a tenant?
It is called tenant to the opposite figure of the landlord in a lease or rental contract. That is, this is the name given to the natural person or legal entity that acquires the rights of use (usufruct) of a specific asset (movable or immovable), under contractual conditions of mutual agreement and for a specific time. In exchange, the tenant agrees to make a regular payment, usually monthly, of a specific amount.
More simply put, a tenant is someone who rents something: a building, an apartment, an office, a vehicle, etc and acquires by 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 landlord and the tenant will always be defined in writing, in a legal document protected by judicial institutions and in accordance with the protocols and considerations established by the legal framework of the country where the rental occurs. Under no circumstances can what appears and is accepted in the contract be illegal since it will make the contract invalid.
Among the terms agreed upon by contract are usually: the length of time the lease will last, the conditions under which it will be given, how unforeseen events 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 the law provides for justice will take part.
Rights of a tenant
The rights of a tenant will always be contemplated in the respective code of laws of the country where the rental occurs, regardless of the nationality of those involved. However, it is usually considered that:
- The lessee has, above all, the right to use the rented property as he sees fit, as long as it does not harm third parties, nor does it damage 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 the contract, and that the duration of the usufruct is exactly as stipulated in the contract.
- The lessee has the right to use the leased property as his own, and to share it with whoever he wishes, as long as he is responsible for any consequences that this may cause.
- The tenant has the right to legal consultation, to review the contractual document to ensure that it does not comply with the law or does not harm their interests, as well as to be protected by the law in the event that discrepancies not contemplated in the document arise.
- The tenant has the right to be notified of the owner's decisions regarding the leased property with time and consideration for his or her well-being (especially in real estate).
- The lessee has the right, in some jurisdictions, to the first option to purchase if the lessor puts the leased property up for sale.
Obligations of a tenant
The same occurs with the duties of the tenant, stipulated by law. However, roughly speaking, you are required to:
- Preserve the condition of the leased property, causing only the damage and deterioration that its correct use would cause.
- Completely comply with the payment of the rental amount, respecting the provisions of the contract.
- Respond before the owner and before 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, sublease 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 about radical or structural changes that could be made to the leased property, and respect his final decision on the matter.
