Strategies for Skipping Rent Payments in Kazakhstan while on Holiday
Managing Rent and Repairs When Tenants Go Away or Landlords Fix Things Up
Navigating the rental scene isn't always a piece of cake, especially when tenants take a lengthy vacation or jet off on business trips, or landlords want to do repairs. Let's dig deep into the nitty-gritties with the help of legal expert Bakhyt Kasymbekov, as reported by Liter.kz.
Forking Over Rent While Away
Even if you're not around to enjoy your rented apartment bliss, you're still bound by your rental agreement to pay your due. Skipping out on rent is a violation of the contract, which could lead to eviction.
So, what if you're not at home? Well, it's only fair to keep your obligations in check unless both parties are cool with you pausing the rent payments. For instance, if your landlord agrees to waive the rent or lower it.
Strike up a chit-chat with your landlord and draw up a little addendum to your rental agreement specifying the conditions: "no or reduced rent." Add a timeframe too, pointing out exactly how long you'd like this concession to last.
What Happens When the Landlord Wants to Refresh the Apartment?
Suppose your landlord hankers after some home improvements and wants you to scoot temporarily. Should rent still be charged then?
Your response depends on who initiated the repair work:
- If you're the one calling for the repairs, you'll have to cough up rent. The apartment was in livable condition, and your landlord has fulfilled their end of the bargain.
- If your landlord initiates the repairs and the apartment becomes uninhabitable (you need to find another place to crash), rent should be off the table.
In this situation, it would be fruitful to review your rental agreement and hammer out an addendum that waives the rent charge during the repair period.
"Pssst! If you were the driving force behind the repairs (the apartment wasn't meeting health standards, for instance) and you can prove it, you're off the hook for rent during the repair period," says lawyer Bakhyt Kasymbekov.
Utilities: Who Holds the Bill?
If you're taking some time away, you're still accountable for utilities like electricity, water, and internet. To cut down on costs, you can temporarily shut off internet and TV services while away. Many service providers permit disconnection requests for durations ranging from 2 to 6 months annually. Your landlord submits the request for disconnection.
Molding Tenant-Landlord Relationships
Keep in mind that both parties have specific rights and obligations. Learning the legal ins and outs of tenant-landlord interactions will help prevent misunderstandings and ensure compliance. A clear line of communication and adherence to local laws are essential to maintaining a harmonious rental life.
Deep Dive: Legal Rights and Obligations for Tenants and Landlords
When a Tenant Away for Extended Periods
Tenant Rights:
- Notice Requirement: Tenants should be mindful that their prolonged absence might be mistaken as abandonment if they don't pay rent or vacate the property as required by local laws[1].
- Personal Property: Tenants have the right to reclaim their personal belongings under specific conditions and deadlines, which vary by jurisdiction (e.g., Oregon demands a 30-day notice before disposal)[1].
Landlord Rights:
- Abandonment Notice: Landlords must provide tenants with formal notice before declaring a unit abandoned, following specific guidelines for delivery and response times[1].
- Property Reclamation: Once a property is classified as abandoned, landlords can reclaim it but must abide by local laws about handling abandoned personal property[1].
... ... ...
When Repairs Are Needed
Tenant Rights:
- Request for Repairs: Tenants have the right to request necessary repairs and expect the landlord to maintain livable conditions[5].
- Withholding Rent: In certain situations, tenants may be allowed to withhold rent due to unresolved maintenance issues, but this depends on local laws and should be done with caution[2].
Landlord Obligations:
- Maintenance Responsibility: Landlords are tasked with maintaining the property and ensuring it remains habitable[5].
- Timely Repairs: Landlords must address repair requests promptly to avoid potential disputes[5].
... ... ...
General Obligations and Rights
- Lease Agreement: Both parties are bound by the terms of the lease, outlining responsibilities and rights like rent payment, eviction processes, and notice requirements[3][5].
- Legal Compliance: Both tenants and landlords must comply with local and state laws regarding tenant-landlord relationships, including eviction procedures and abandonment definitions[1][3].
- If you are unable to stay in your rented apartment due to an extended absence, you should make arrangements to pay rent or vacate the property according to local laws to avoid being considered as having abandoned the property.
- When a landlord initiates repairs that make the apartment uninhabitable for an extended period, they should agree to suspend the rent charges during that time. If you are able to prove that the repairs were necessary due to the property not meeting health standards, you should not be charged rent during the repair period.
