Why should I have my lease checked?
Many tenants sign a lease in mere excitement when they move into a new tenancy – without carefully checking the details. And, truth be told – it’s also quite boring.
A lease, however, is extremely crucial for your tenancy and can cost you a lot of money if it is not completed correctly. It is therefore critical that you have your lease checked. Especially if it is free of charge.
We can also help you to get compensation for what you are entitled to if there are problems with the lease.
Everything you need to know about your lease.
If you live for rent, then it is quite common to have a lease. The contract forms the framework for the terms and conditions which mean that you as a tenant can be allowed to live in the tenancy.
Of course, there are some rules for what a lease should contain and what it should not contain. Therefore, it is always a fantastic idea to read it thoroughly yourself, or get competent help from outside – e.g. from us here at DIGURA, so you are absolutely sure that your lease actually complies with the provisions of the Lease Act.
On this page, we will give you an overview of what your landlord can claim in the lease, as well as when you should raise your eyebrows and be critical of claims that your landlord does not have the right to demand in your lease.
We assess leases for free, so if you are a little in doubt about what to look for, we would very much like to look through your contract as well.
What is a lease?
If we now cut it all the way to the bone, then the lease is the agreement that you enter into with your landlord. It is thus in this that details regarding occupancy, rent and the size of the rental home are described.
Typically, a lease will include the following items:
- When the tenancy starts?
- What amounts of money are to be paid (deposit, rent and prepaid rent)?
- The size of the lease?
- What other things are considered(eg bicycle shed, communal laundry, etc.)?
- What agreements are there regarding water, heating and electricity?
- What furniture is included (including refrigerator, freezer, etc.)
- What the tenant and landlord each stand for maintenance?
What should you pay special attention to, before signing the lease?
Maybe you have the same compared to a lease, as you have it with long instructions for use.
However, we can on it strongly recommend that you always read your lease carefully, before signing. It may well be that there are some basic errors which need to be rectified to suit the oral agreement, you have made with your landlord.
As a good as a rule of thumb, you should always pay special attention to the following conditions when reviewing the lease before signing:
- Is the landlord’s contact information correct? Make evt. a quick google search.
- Remember that the landlord must demand a maximum of what corresponds to three months rent in deposit. Similarly, the landlord must also maximum require three months prepaid rent.
- Check if the lease is time-limited.
- Ask the landlord if there are future plans for the lease that could limit the time of your lease.
- Just make sure to acknowledge that the room is newly refurbished, if that is the case.
If your lease is an A9 type form, you must read closely § 11 of the contract. This is where all exceptions to the Rent Act are normal conditions are listed. You need to pay special attention to what is required by your maintenance of the room.
You can pick up a free lease A9 right here.
What are the typical errors found in a lease?
The typical errors we see in leases fluctuate a lot in severity. Nevertheless, they are important to get corrected as they can have an impact on your claims and rights as a tenant.
And of all those leases that we have reviewed with DIGURA, we have found errors in 52% of them. So, therefore it is very important that you check it thoroughly, before accepting the terms of the contract with your signature.
The error types we most often looks, is about:
- Invalid type forms
- Stair bearing requirements
- Requirement for new refurbishment
- Aconto charges
- Error in the calculation of the deposit and prepaid rent
Therefore, the above points are worth poking around a little extra before signing your lease. If you have any doubts about whether there are errors in your lease, you are always welcome to send it to us.
We check it completely free of charge and you will receive a reply within 2 – 3 days.
What if I do not have one lease?
Should you be in the situation that you have not been given a lease, then there is no need to panic. It may be for various reasons that the lease has not been completed.
In relation to your situation as a tenant, then all the answers in connection with the lease – e.g. termination, faults and defects, etc. – be found in the Tenancy Act, which exists to protect tenants.
Therefore, in some cases you may be better off without a lease than with a lease.
Can a landlord cancel my lease?
As long as you can prove that you have the right to live in the rental property, then the landlord can not throw you out without have a legal basis for it. And this basis must, of course, be true in accordance with the Tenancy Act.
For you to document your right to live in the rental property, then it may be in connection with those written agreements that you and your landlord have entered into via text message or e-mail. It can also be an account statement where the fixed monthly rent transfer to your landlord appears.
The short of the long is however, that your landlord can not evict you unless there is a reason which complies with the Tenancy Act.
Lease vs. No Lease - The 3 big differences
and not have a lease.
- Maintenance obligation
- Notice of termination
- Rent increases
If you have one lease, it will most likely be stated that it is you as tenant who has the internal maintenance obligation.
If not you has a lease, then according to the Tenancy Act it is your landlord who is responsible for the internal maintenance obligation.
Precisely this relationship has a crucial factor for the repayment of your deposit. Unless you, yourself has damaged or breached something in the lease, then you must as basically have refunded your entire deposit if you do not have one lease.
In this case, have your the landlord does not have the right to charge for the repair of rental housing.
When to terminate one rental housing without having a lease, you always have a notice period of 3 months. And if it is a room you rent, then the period is always 1 month.
If now you have one lease, then a note will often be added that you must be out of the home no later than 14 days before the agreed eviction date. These 14 days must landlord spend on getting the rental property ready for a new tenant to take over the lease.
But this requirement can be yours do not rent quietly if you do not have a lease. So you have to live in the apartment during the entire notice period, and this may save you a little money in the end.
If you have one lease, and it appears from this that the landlord may demand a rent increase according to the net price index, then it means that your landlord can raise the rent once a year. This rent increase must match the overall percentage societal development that has happened.
If you do not have one lease, your landlord can not demand such a rent increase, which of course is simply for the benefit of you as a tenant.
No reason for panic!
As you can read to, then your rights as a tenant are still secured even if you do not have one lease. In many cases, your relationship will sort of be better by not knowing to have a lease, as it is then the lease law that applies.
This you need to be in control of before you sign your lease.
Before we round off this chapter on leases, we just want to give you 5 tips on what you must pay extra attention before signing the lease.
1. Is your lease a type form A9 or form B?
In relation to which requirements apply to precisely your rental property, then it is important that you know if your lease is one type form A9 or a form B. This has a great influence on which requirements are valid for your particular lease.
2. Have you checked whether the information in the lease is correct?
It sounds simple … But it actually is too! Remember to go through all the information thoroughly, otherwise it can have serious consequences later in the rental period. And with information, we are talking about names, dates, addresses, etc.
3. What do you have to pay?
One of the most inflamed areas of conflict deals payment. Rent, consumption, deposit, deposit, prepaid rent, etc.
4. Who is responsible for maintenance and repair?
Once you need to vacate your rental property, you should would like to receive the correct deposit amount. Here it is important that you are read over who is responsible for the maintenance of the rental property.
Unfortunately, the question ends refunded deposit – or lack thereof – also often in conflict. But if only you have control over your own rights, then you already stand a lot stronger.
5. Keep an eye on paragraph 11!
There are of course always some special deals that you need to be aware of. These will you could find under §11 of the lease if your lease well and truly marked is a type A9 form.
Topics like rent increases or time-limited rental periods will be written under this section.
Therefore, it is a good idea to go the details through a few times before signing the lease
We are always ready to help you!
At DIGURA, we are experts in tenancy law, and we are ready to review your lease or assess your case for free.