Lease agreements stipulate the rights and obligations of tenants and landlords. Without an agreement their legal position is not secure.
Residential housing lease agreements
Residential housing lease agreements must be in writing.
Residential housing lease agreements may be fixed-term agreements, or they may have no fixed term.
If there is a verbal lease agreement, the same provisions apply as for agreements without a fixed term.
The landlord and the tenant are free to agree on the rent amount, but according to law it must be fair and reasonable with respect to both parties.
Termination of a lease agreement
The notice period for the termination of residential lease agreements varies according to the type of accommodation and the rental period.
It is not possible, under normal circumstances, to terminate a fixed-term lease agreement before the lease has expired.
When terminating a residential lease agreement, it is safer to do so in writing and in a verifiable manner, for instance, by sending a registered letter.
Renting a house
You can find rental housing listed with rental brokers and in media advertisements.
Some local communities keep flats for rent in addition to social assistance housing. The allocation of these flats to tenants is not dependent on the tenant's level of income and assets, and the rent is generally higher.
The residents of social-assistance rental housing may be entitled to housing benefits, whether they rent social-assistance housing or housing through the open market.
A residential lease agreement must be registered in order to apply for housing benefits. You can do this at offices of District Commissioners.
Rental income is tax liable. If the landlord is an individual, this income will be taxed as financial income, otherwise it will be taxed as other work-related income.
In the event of a dispute between the tenant and the landlord over the drawing up or practical interpretation of the residential lease agreement, the case may be referred to the Rent and Tenancies Complaints Committee for resolution. The procedure is free of charge for the parties.
Rental housing is listed with rental brokers and advertised in the media.
There are no restrictions on the amount of the rent for rental housing. Rental income is tax liable.
It is important that a written residential lease agreement is drawn up. A registered agreement with a period of validity of at least 6 months must be available if you want to apply for housing benefits.