LEGAL RIGHTS: TRINIDAD AND TOBAGO

Many people do not know their legal rights, so this "Legal Wikipedia" is a compilation of answers to legal questions asked in relation to Trinidad and Tobago laws. ------------------------------------------------- Disclaimer: The information and links posted on this site are provided solely for educational and informational purposes, and do not constitute legal advice.

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Saturday 12 July 2014

Responsibilities of Landlords & Tenants in Trinidad and Tobago

This is another area of law that generates a lot of questions, so here are some of the rights and obligations of landlords and tenants in Trinidad and Tobago.

• Pay rent in full and on time
• Make sure the house or apartment is used mainly for living purposes
• Keep the property in good order (except for normal wear and tear)
• Inform the landlord if repairs are needed and give the landlord access to the property to carry out repairs
• Give the landlord access (by appointment) for routine inspections
• Inform the landlord of who is living in the property
• Not to cause disturbance, nuisance or annoyance to neighbours and not to allow visitors to do so. These actions include, but are not limited to:

• Comply with any special terms in the tenancy agreement, verbal or written
• To give the landlord written notice when you wish to end the tenancy
• Not carrying out alterations to the property without the landlord’s permission

• Make emergency repairs, which are the responsibility of the landlord, and deduct it from the next month’s rent (receipts MUST be shown)
• Break the lease and move out immediately if the dwelling is no longer habitable and the living conditions are unbearable. This can be considered a “constructive eviction” and in extreme cases, can be actionable.

• Make sure that the property meets minimum standards of health and safety (lighting, water, sanitation, ventilation , etc.)
• Repair and maintain the interior and structure of the property to the standard it was in at the start of the tenancy
• Repair and maintain the structure of the property
• Reimburse tenants for any repairs they carry out which are the responsibility of the landlord
• Ensure the tenant knows how to contact you (or your agent)
• Give tenants at least a month’s notice for rent increases
• Provide tenants with a valid notice of termination (in writing) if terminating the tenancy.
• To follow the correct legal procedures if they want you to leave (illegal evictions can result in litigation)
• Return deposits to the tenants (unless they have not paid the rent or have damaged the dwelling)

• Enter the premises with the tenant’s permission (usually you have to give 48 hours’ notice) OR without permission if there is an emergency
• Give eviction notice at any time

• the structure and exterior of the property, including exterior paintwork, drains, gutters and external pipes;
• the interior of the property other than matters covered under tenant responsibilities (see below);
• any installations for the supply and use of water, gas, electricity and sanitation (including baths, sinks, wash-hand basins and toilets);
• any appliances provided by the landlord under the tenancy for making use of the supply of water, gas or electricity;
• any fixtures, fittings and furnishings provided by the landlord under the terms of the tenancy;
• keeping in good repair any common areas or areas required for access;

• making good any damage to the property caused by the behaviour or negligence of the tenant, members of his/her household or any other person lawfully visiting or living in the property
• keeping the interior of the property in reasonable decorative order

181 comments:

Separate to the Landlord tenant agreement (but indirectly related), is what happens to rental earnings taken by the landlord. Are Landlords (in general) normally required, by law or regulation, to declare rental income to the BIR?

This may seem like a silly question if the answer should be obviously in the affirmative. However, I'm asking the silly question because a recent visit to T&T (and I'm an exiled T&T national), led me to pick up that a sizeable proportion of Landlords pay declare no rental earnings to the BIR. This has become cultural practice - as it is so widespread, especially in Tobago.

So I'm wondering if you have a factual reference that I can access, setting out the obligations (if any, or whatever) for landlords to declar rental income.

Rent is considered to be non–emolument income and tax is payable. There is even a penalty for non/late payment of these taxes.

You sound surprised that laws aren't being followed or enforced in Trinidad and Tobago. Delete

Hi, I'm wondering if there are any laws in T&T that states that you the (landlord) have to register your property before it can be leased to tenants.. Delete

Section 11 of the Rent Restriction (Dwelling-Houses) 1981, as amended. However, the Board is inoperative, so it can't be done anyway. Delete

thank you for the information..I allowed a tenant to move in under the promise to pay the security deposit within two months..six months later the tenant has made no attempt to pay anything towards that outstanding agreed payment..Therefore my question is. Can a landlord legally evict a tenant before their lease is up..If the tenant refuses to pay Delete

Not without a court order. but there is always a way to get around things. Send me a private e-mail. Delete

Can I get a link to the Act which lists these responsibilities or any other legal source? Reply Delete

Hi my boyfriend like to have his friends over and the play cards (gamble)and don't disturb anyone .. they dont drink or smoke is there any law that states that my landlord have rights to say what I can and cannot do in front of my apartment Delete

Hi
Property that i'm a tenant of has been sold. I hold a 5 year lease which the new landlord wants to change can that happen? also he wants to up the rent. Reply Delete

He can't change your lease because the landlord has changed. The new landlord "steps into the shoes" of the previous landlord and this is a principle that has been consistently upheld since its inception.

Concerning rent, what does you lease say about it? Delete

Not without your permission. It's a breach of your implied right of "quiet enjoyment" of the property as a tenant. Delete

I searched your site for an email address to privately contact you but did not find one. I even checked under 'About me' and 'view my complete profile' and still nothing. Please advise on how I can contact you. Thanks. Reply Delete

Hello, I recently acquired a property with a tenant. The lease with the previous owner expired two months before I assumed ownership of the property. He opted to remain a month to month. Now, due to irreconcilable differences I need to evict him. What can I do? Reply Delete

Hi, I am a landlord and my tenant subleased my property without my permission and he raised the rent to the potential new tenants. What can I do if I want to terminate his lease agreement which clearly states that he was not to sublease to anyone. Reply Delete

That's a breach. put him out immediately and let the current tenants know the situation and you then create the tenancy with them directly. Delete

Good day.
I have been doing some research on the rights of non-citizens of Trinidad and Tobago and have not been getting much information online. Could you give me some information on the rights of non-residents in Trinidad and Tobago such as visitors and persons under permit, etc.
I would really appreciate it. Reply Delete

Hi
I am a tenant but another tenant who lives above me always drags furniture,stamps feet,parks badly so much so that at times I can't even get in or out my parking spot properly.i have complained to the landlord but the tenant never listens.this has been going on for a year now. Reply Delete

No law on the amount currently. tenants are at the mercy of landlords and the governments aren't concerned. Delete

I have a property with tenants who operates a business. In the lease it states that they have to pay all utilities. One of the tenant paid for three months and is now refusing to pay. They are all charged commercial rate. I get one bill from t and tec for the building. They all have separate sub meters attached to their power source. It tells them how much they are using and at end of month I read the sub meter and inform them of the amount of money owed. Only one tenant do not want to pay. He say he not using so much and he refuses to pay. What should I do. Can I give notice because he is breaching the lease. He keeps on saying he do not want me to bill him. He want a t and tec bill. But I only get a bill from t and tec for entire property. Then I calculate according to their separate sub meters and then request money. Please advise. Because I am spending money and he do not want to pay. He evens pay the rent late. Sometimes at middle of month. But lease states first day of month. Reply Delete

Hi. My landolord is aking me to renew a contract which stipulatates that I permit him to enter the residence with or without notice( not emergencies) at least once a month. this i feel is a blatant infringement of my privacy. what should I do. i do not want to move since i have a child and the rent is affordable and I haven;t seen anything better yet. can I legally deny to renew the contract unless the contract becomes legal? Reply Delete

He cannot make such a request.
http://trinidadandtobagolegalrights.blogspot.com/2010/05/quiet-enjoyment.html Delete

Hi. i have one more question. If I play music or talk and it is audible outside of the apartment at a reasonable time eg midday but the noise is not considered excessive can i be evicted if the landlord considers it to be annoying? The landlord put this stipulation in the contract. Can a contract be illegal and if so how can i maintain my tenancy without being forced to sign an illegal contract? Reply Delete

Excessive is subjective. It depends on who's listening, so yes, if he considers it a breach, you can be evicted.

You can't force a landlord to keep you on his property. If you don't want to agree to his/her terms, your only option is to move. Delete

I am in the process of acquiring a tenant who I have allowed on premises to begin some pre-moving painting over the next 48 hours, while I renew some fixtures. The fact that she is unemployed but close and trusted sources assures of her ability to pay rent does not seem like a sensible move on my part. Her common law husband, however, is gainfully employed. Would it be inappropriate or illegal to insist/invite co-leasing just as a matter of home-owner responsibility? Reply Delete

I'm interested in knowing how an unemployed person pays rent. Family? If so, you should get confirmation of this, although if they choose not to pay, you can't sue them because they won't be your tenants.

Co-leasing could work, but why take the risk? Delete

The tenant has a year rental agreement contract. Can a Landlord change a portion of the rental agreement after the tenant signs it? or does the landlord have to wait for the end of the year to make the changes. Reply Delete

Hi I'm a tenant at a tenanted compound the landlord doesn't live on the same compound. The water pump for the water supply of the compound is placed just outside of my bedroom window and it is constantly making noise which disturbes me a great deal because I am a shift worker. I've made numerous complaints and pleaded with the landlord to change the position of the water pump but to no avail. The landlord also enters the apartments without notice or permission and in our absence. How can you help me please?
Reply Delete

I moved on Dec. 20th 2014. My landlord refused to return my security deposit after repeated calls and emails. Yesterday (31st Jan 2015) he dropped off a check for my real estate agent for a small portion of the deposit along with several quotations for thousands of dollars of work that he says needs to be done on the property. He has not spoken to me since we moved on Dec. 20th 2014. What recourse do I have? Reply Delete

Good day. I am a co-owner of a property together with my mom. However my brother agreed to rent the property eight years ago but has not paid any rent for the paid 7.5 years but have paved a walkway. His wife brought him up for child maintenance and the document states that she and her kids cant be evicted from the premises. She frequently threatens to demolish the paved walkway. Please advice me accordingly. Reply Delete

Hi my brother is a tenant, how an incident occurred where he injured his father 3weeks ago this is because he was under substance induce psychosis according to st anns psychiatric hospital. The landlord now gives an eviction for 30 days and her reason is she's afraid that Such incident can reoccur I. Reply Delete

Goodnight.
My husband and I recently moved into an apt in Nov . 2014 where the landlord lives above. We have an issue when it comes to parking since no space was allocated for such even though we told her before we moved in that we would be getting a vehicle
Apparently her son is a policeman who she calls to come get persons to remove their cars if they do not park to her liking -we know this because she tried to pull that move on us. I want to find out what responsibilities as a landlord she has with regards to providing parking and what rights we as tenants have.. We also have an issue of her not repairing bathroom and toilet fixtures in a timely fashion (3months and still waiting on hot water tap to fix). now
Thanks Reply Delete

If you don't like where you live, move. Tenants haven't had rights in this backward country for years. Delete

Hi I am a tenant when I spoke to the landlord he said there is parking for 1 more vehicle after a year I bought a vehicle now the landlord is saying I have to pay $100 for parking and I had to buy my own remote for the gate also there is no security camera's please advise me thank you Delete

We recently rented an apartment on Pentecostal Road, Tunapuna which had no washer/dryer hookups, nor water heater for shower.

We also repainted the apartment as the walls were dirty and in dire need or a paint job.

We also added an awning over the washer/dryer area so they can be protected from the elements.

We added these things at our expense. Landlord refuses to compensate for these costs.

I have asked him to provide a street trash receptacle which he refuses to do. We are currently having to place the trash bags at the side of the road for pickup.

We also added a concrete stair over the drain so our elderly parents could navigate the walk safely. He refused to compensate for that as well.

The other tenant including the Landlord uses the new comfortable, safe step.

The electrical outlets in the apartment are all very loose and needs to be replaced as well.

I am posting here, to see how this sort of thing is handled in Trinidad and Tobago. My parents wished to move here and we are doing our best to make this apartment as comfortable as possible for them.

I am sensing the Landlord is not assuming all of his legal responsibilities.

You're only entitled to compensation for emergency repairs or repairs with permission.

With the landlord/tenant legal mechanisms in its current dysfunctional state, if you don't like where you live, your only option is to move. Delete

What rights as a tenant do you have if you have been renting a house for 20+ years with no formal lease agreement other than payment of monthly rent by cheques? Note, no receipts were ever produced by the landlord's brother-in-law as the landlord and family live abroad. Over the years, requests to purchase were made but denied until the landlord passed away 2 years ago, and his wife asked us to make an offer. The deed was asked for to go to our financial institution to see what offer we could make as we were given first preference (over the phone, nothing in writing). This deed to date was never produced. All major repairs and upgrades were either wholly paid by us or shared 50-50 between us and the landlord. Last November a month's notice eviction notice was given to us but an informal conversation was had between landlady and us after and she agreed to give us some time. We sent a letter to her two weeks ago requesting price negotiation (no budging from 3 mil) and more time to relocate but both were denied and we were told verbally to move by this month end (2 weeks). No official eviction notice to date but we expect one soon, but this does not comply with the standard one month's notice. Is the eviction notice from 2014 moot as they continue receiving our rent money? Can we claim compensation for major upgrades - doors, flooring, burglar proof, landscaping, A/C, ceiling and light fixtures, re-tiling, sink installations, electronic gate upon moving? Is there a law where current tenants are entitled to negotiate for half the market value of the house? Reply Delete

Thank you for your response.

Since we had to make the apartment handicap accessible, we did assume financial responsibility for those things and some more.

The cupboard door beneath the vanity sink is a wooden door glued on with grout to the concrete frame. Of course it fell out with the usual opening and closing. Landlord wants parents to pay for this door.

The place is owned by a Mr. Gosine of LP #13 Pentecost Road, Tunapuna. Now that the apartment is painted with all the basic fittings. He is forcing them to move out without notice.
My brother who signed this contract, now has to find another place for my elderly parents, plus remove all the extra fittings he did to the place to make it basically livable as It was just a concrete shell.
Reply Delete

Good Morning,
i recently terminated my lease as a subtenant. the agreement says that the deposit which is for damages cannot be returned if i break my lease and then a few points down after stating when the lease will expire and that the property has to return the property in the same condition as it was received, at the end of the term. what i want to know is if i am responsible for any damages or repainting the premises since i will not be receiving my deposit.
Reply Delete

Firstly, you have to get back your deposit if there is no damage to the property. Normal wear and tear is expected. How long were you there for? Delete

Hi gd I will to know my landlord give me notice to move cuz he going and repair the apartment an i have to move by the end of April do I have to pay rent still for April Reply Delete

hi
i rent a commercial space for a business, i owe 2 months rent to my landlord, without notice he has turned off the electricity to my business is this legal Reply Delete

Hi- I own a property as a tenant in common with one other person. This property is tenanted and I moved into one of the apartments. The other party thinks he can open any bill coming in my name for the apartments and he thinks he's the only party who can make repairs to the property. As a tenant in common what are my legal rights? Reply Delete

Hi if my land lord send a watsapp text on my phone saying that I have two weeks to leave but she never bring a letter to me saying that. N on top of that never give me a contact to sign n cussing me on top of that wat is my next step is it suppose to be 2weeks to move out n plus telling me she break down the rent into a weekly payment of $400 for the 2 weeks before I move n sending treats to me as well plz help Md n inform me on what I can do Reply Delete

Tell her 4 weeks is required and it needs to be in writing. Pretend you didn't receive the message. Delete

Ok thanks a lot I don't need to pay that weekly money she wants cause first time I her bout that Delete

good day, I've advertised a property for rent, and met with a prospective tenant. pets are an issue for me, however the tenant offered to install a gate at her expense in order to enclose the dog in a certain area of the yard. further the entire place is tiled, save for one of the three bedrooms which is vinyl. she also suggested that she tile same at her expense. I'm new to the rental industry, and needed some advise. my initial thoughts are to be clear in the contract of the proposal at her expense. is this normally done, can it be entertained? I'm unsure Reply Delete

Be very clear in your agreement.

I, for one, don't tolerate pets, period. I tell them that the only house for pets is their own. Delete

Hi, this blog was very informative, but I have a question for you. I have been renting at my current address for the past 4 years. My landlord lives in the upper apartment and I rent downstairs. Only in the first year, a rental agreement was done for the period of 1 year. Since then, I've continued paying my rent as scheduled with no hiccups. On the June 10th, my landlord ASKED me if they can raise the rent now. Obviously, if its up to me I won't agree to a rent increase, so when the question was asked, I told my landlord that I will look at my budget and get back to them. On July 2nd, the landlord came to collect the rent. I was asked how much is it to which I replied the usual amount. The payment was accepted by I was not given a receipt immediately which is the norm. This morning (July 3rd) as I was leaving for work I was hailed out by my landlord and told that I have an outstanding amount for them which will be reflected on my receipt. I responded that I was not officially informed of my rent increase nor was I given an official date. I reminded my landlord that the question of a rent increase was posed to me but was never confirmed or finalized. I must admit that I felt embarrassed by the situation as my landlord chose to voice her displeasure in the open (she was standing on her stairs and I in the road). Anyone looking in would think that I wasn't paying my rent and was trying to bully my landlord. I tried to very respectful but her approach was very distressing. I wish to find out in a situation like this, what am I supposed to do? Should I pay the additional sum being requested or should I be adamant that I was not given proper notice and pay the increased rent amount from the next month? Thanks for your assistance in advance. Reply Delete

Good Afternoon. I would really appreciate your advice on this matter. I recently acquired a commercial space to rent for my business after paying two months advanced rent. My landlord seems like an alright person however, upon me receiving the key for my space he indicated that he would retain a key for the building. My question is if this is customary an a commercial rental arrangement and if so what can I do to protect my interests (I have an estimated 45k in merchandise in the store that I am worried is now compromised since the landlord has access to the space without my consent or supervision.) Reply Delete

Please help! I have been living at my current place for 1 1/2 years and been having serious problems with the ceiling. Cats have been living in there since I moved in. In February 2014 a cat fell onto my sleeping son, in April 2014 Easter weekend, maggots were dropping in from the ceiling obviously from what the cats left up there, numerous occasions after the ceiling has been falling down in parts. December 2014 the cat pee started coming through. I have been begging and imploring with her to repair the ceiling and block the holes where they are getting in friom the roof outside. She has been blocking up the spaces with sponge and strofoam whoch of course the cats are pulling out.January this year more cats, April 2015 easter weekend again we came home to meet the entire ceiling with debris insects cat poo all on my childrens beds (thank goodness we were not home) She sent the workmen for the compound who just nailed it up and put silicone to stop the pee. That did not work. My kids have been sleeping in my room as the smell is unbearable. This is have been a health and safety issue since i moved in. AS of two months ago my son now has no bed and my daughter is sleeping with me and he is on her mattress in my bedroom. This is crazy and yet still they keep patching. My rent has always been up to date up until this year where i ran into financial difficulties and she has been very gracious and understanding. However she is now telling me this morning after she told me on Tuesday to clear out the room cause the ceiling was going to be replaced that she is not repairing cause i owe her money. I stressed to her when my rent was up to date she wasn't repairing either and this is a structural, health and safety issue and if she had to rent the place out to someone else it had to be fixed, as the place is not habitable! She said said well vacate so she could fix it for someone else. Please tell me what my rights are cause now its 4 kittens and two adults and i am bombarded with shit pee and the most unbearable smell. Totally exasperated, help! Reply Delete

Good day. I am so happy I have found this site. I rent from my grandmother I pay her rent on time all the time. My husband and i have 4 kids and we've lived here for the past five years. We never signed a contract or anything now she wants us to move We have paid the rent for August and she refuses to give a receipt. She has stopped us from having guests, and is always finding problems with things were never an issue in the past. She constantly curses us and threatens to put all of us out. It is very difficult to find appartments that allow children if they are not excessively expensive. Is there anything we cant do or does she have the right to do as she wants and evict us.

Help would be appreciated. Reply Delete

We had a verbal agreement with our tenant that he alone should rent there and if anyone comes to visit they can only stay within an agreed time, he bought his son (who overstayed the agreed time) and secretly bought another person without our knowledge, is this legitimate terms to issue an eviction notice, also, it has been bought to our knowledge the son has engaged in illegal activities and is possibly hiding from the police, how are we to handle this safely. Reply Delete

Hello Good day
Is it legal to withhold security deposit for breach of contract. re: tenant hosting family of four for 3 weeks without informing the landlord. Note that it is clearly stated in the contract that this is not allowed or the security deposit forfeited. If the tenant takes the landlord to court for this will this stand. Reply Delete

Good morning. I find this site an excellent resource. Great job.

I desperately need some legal suggestion here. I have lived in an apartment for 10 years and have never had a constant supply of water. The landlord has had an illegal connection to WASA along with the connection not having a regular supply anyway. We have expressed to the landlord our plight and uncomfortableness for the years gone by. He brings water in a 200 gallon tank on a van when he has the time. This tank has to supply 2 other apartments. It has now become completely unbearable and I would like to somehow remain anonymous but serve him some serious warning or shake up. This situation does seem serious to him.

I appreciate an advice. Thanks in advance. Reply Delete

Good evening
Thank you so much for having this blog and allowing folks to have an opportunity to ask their questions and receive replies. From the blog I have one question answered as I am now aware that the security deposit is for damages and unpaid bills. The question I need answered is that of my lease stipulates that I must give 2 months notice. I received a six month lease but I'm here for almost 2 years, so I believe I'm on a month to month, therefore I no longer have to give 2 months notice. Please correct me if I'm wrong.
Reply Delete

When a contract ends, but the relationship continues, the terms of the contract remain valid, so the 2 months will still apply. Delete