When renting a property, amenities provided play an important role in choosing a rental. However, circumstances may arise where landlords need or want to remove certain amenities. As a tenant, it is essential to understand the rights and obligations around amenities.
In this article, we will explore the question can a landlord take away amenities.
Can a landlord take away amenities?
Yes, a landlord can legally take away amenities if it’s stated in the lease agreement. The lease agreement lays out the terms agreed upon by the landlord and tenant. If the lease contains a clause allowing the landlord to remove amenities, they can do so. However, landlords cannot remove amenities essential for health and safety like water or heat.
Related: Can A Tenant Put Up A Pool?
What amenities can a landlord remove?
Some amenities landlords have removed include access to laundry facilities, parking spaces, fireplaces, outdoor spaces, pools, utilities, internet/cable, and more. The lease agreement determines if these can be removed. Less critical amenities to a tenants use and enjoyment of the rental are more likely to be removable.
Under what circumstances can amenities be taken away?
Amenities can generally be removed if the lease allows it and if proper notice is given. Landlords may remove amenities for reasonable causes like needed maintenance/repairs. If amenities were a deciding factor in renting and are removed without cause, tenants can dispute it as impacting the rental agreement. Tenants should always refer to their specific lease terms.
Does the landlord need a reason to remove amenities?
Ideally yes - landlords should have a valid reason for any changes impacting the tenant's reasonable use and enjoyment of the rental. Reasons could include needed repairs/maintenance, financial difficulties, or substantial changes in circumstances. Removing amenities arbitrarily or without cause could amount to a lease violation disputable by tenants.
How much notice must a landlord provide to remove amenities?
Most states require landlords to provide advance written notice, often 30 days, when removing any amenity or changing the lease terms. The specific notice period may be outlined in the lease or local housing laws. Providing notice allows tenants time to consider their options such as finding alternative housing if necessary.
What options do tenants have if amenities are removed?
Tenants have legal remedies if amenities are removed in violation of the lease agreement. They can send a warning letter, file a lawsuit, or request to terminate their lease without penalty. Negotiation or mediation could also resolve the issue. As a last resort, tenants may need to find alternative facilities if essential amenities can no longer be used.
Can tenants withhold rent if amenities are taken away?
Withholding rent is a risky move tenant should only take on advice of an attorney. It is usually not advised as landlords can use it as grounds to evict tenants for nonpayment. Other options like filing a complaint or lawsuit are often safer approaches to resolving issues of removed amenities.
Conclusion
When amenities are an expected part of renting a property, landlords and tenants must understand the rules around their removal. Lease agreements and proper notice are key. Tenants have rights to protect amenities promised in their lease or challenge unreasonable removal attempts.
