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The first bit of advice for someone who wants to rent a property and know their rights is to obtain the rental contract and read its terms. They specify the rights and obligations of the tenant and the landlord.�
The two sides can set the terms they see fit, as long as they do not violate the Urban Rental Law passed on Jan. 1, 1995. � Subjects of interest that are common in these contracts and up to the two sides involve terms for dissolving the contract, payment of taxes, services and supplies and the right of the tenant to buy the property.
Doubts on whether rental contracts remain in force can be resolved by checking the 1995 law, which allows the two sides to set freely the length of the contract. In writing the law, parliament sought to protect the interests of tenants by guaranteeing a minimum of housing stability. Thus, if the rental is for less than five years, when the contract runs out, this will be extended year by year until the renting reaches a minimum of five years.
Still, if that time goes by and neither side gives word that they do not want to continue, the contract will extend again year by year until it reaches three years.
Also, when the agreed rental period is greater than five years and these have run out, the tenant can dissolve the contract freely as long as he or she gives at least two months' notice. The two sides can�agree that if the tenant fails to meet this condition he or she must pay the landlord the equivalent of a month's rent for each year left on the contract.
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Among other important issues, the tenant should know that the landlord is obliged by law to do whatever upkeep is necessary to assure the property is livable, without raising the rent to pay for it. At the same time, the tenant is obliged to preserve the property. Otherwise the landlord can rescind the contract and seek damages from the tenant.�
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As for payment of taxes, such the Property Tax, the two sides should spell out in the contract who has to pay it, as well as utilities such as electricity and water. It is generally the landlord who pays taxes and condo fees while the tenant pays for whatever utilities are consumed.
If the landlord wants to sell the property, the tenant has the right of first refusal for 30 days after the landlord tells him or her they want to sell. If the tenant is not advised of the impending sale or is advised incorrectly, he or she can exercise their right of first refusal and challenge the transaction.
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