When the rental agreement ends and there has been no damage to the property, unpaid rent or other disputes, both parties sign a refund form and the deposit is refunded. Rental agreements must be in writing and the landlord must provide a copy to the tenant before the rental begins. But even if no formal written agreement is reached, the Housing Rental Act applies. Landlords and tenants cannot escape their obligations by not taking their consent in writing. On the other hand, the lessor must terminate in writing at least 90 days his intention to terminate the rental. However, if she or her family members wish to move in or if the property has been sold, they only have to be modest 42 days in advance. Your landlord may also charge the rental and/or attorney fees for the establishment of the lease. One important thing you should remember is that the rental law is more powerful than your lease. If your agreement says something that will give you fewer rights than the law, it is the law and not the agreement that applies. For example, if the agreement states that the lessor must only terminate you one month in advance to end the lease, instead of the 90 days prescribed by law, then this clause has no legal effect in your agreement – the lessor must always inform you 90 days in advance, just as it is written in your 90-day contract. This reduces their risk, as it would be more difficult for you to prove that the agreement a posteriori was unfair or inappropriate.
But a temporary lease automatically becomes a permanent (periodic) lease agreement when the end date is reached, unless you or the lessor announce to the other that you do not want the lease to continue, or you both grant something else, such as another temporary lease. In other words, if you agree to rent a property for a year, but after 6 months you decide to go abroad, you remain responsible for the rent. However, if the lessor accepts another tenant and a new lease is signed, your liability will end. The owner may charge a fee for early termination. However, these fees should reflect the actual cost to the landlord of finding a new tenant. In this case, the rules of the law prevail over the contract, unless the difference is in your favor as a tenant. Tenancy Services offers a standard lease agreement that also includes a property inspection form (see “Other Resources” at the end of this chapter). Most landlords use this form, but if your landlord doesn`t, you should get a copy of Tenancy Services` property inspection form and ask the landlord to fill it out with you as part of the rental agreement. This links to THE DBH website for online requests for rental infringement….