0
What are the rights of landlord if tenant not ready to move out at the end of a lease?
Wiki User
∙ 13y ago
That depends on the laws of the state the property is in. In Massachusetts, the natural termination of the lease is notice to leave, and the landlord can have a Summons & Complaint served the next day (in fact, if they have reason to believe that the tenant will not be leaving, they can have it served in the last 30 days). You need to check the procedures for eviction in your state.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Can i get my deposit back on a house if i haven t moved in yet but i have signed the lease the house is nowhere near being ready to move in yet i was told it would be do i wait or go somewhere else?
Does the lease say it would be ready by now? If the landlord has not fulfilled his end of the contract, you shouldn't be obligated to uphold yours. You should probably speak with a local attorney. If the lease doesn't actually specify a move-in date, then it's trickier. Again, you should speak with an attorney.
If you do not renew your lease how much notice do you have to give?
Most states require you to notify the landlord in writing 30 days before the lease expires. Some leases are worded to automatically renew. If it is not worded to do so it usually is considered a month to month rental after it expires. You are still required to give 30 days notice, however.
Can I list my house for Section 8?
There is no such thing as renting to section 8. What you want to do is accept section 8 vouchers.To be able to accept section 8 vouchers your rental unit must meet the minimum housing quality standards and be inspected by a program administrator from the local housing authority.The first step is that tenant who has a section 8 voucher approaches you, looks at the rental unit, and wants to rent it. The tenant's voucher generally specifies a dollar amount for the rent, the bedroom size, or both. The voucher holder is generally the main lessee of the house, with family members who may be on the voucher as well.If you accept the tenant you will fill out form called a request for tenant approval, or RTA. When the Housing Authority accepts the RFTA they will make an appointment to send a representative out to inspect the apartment, with the tenant present. When the program administrator inspects the home and approves it, a lease can be signed and executed on the spot.An effective date, or moving date, can then be agreed upon, wherein the Housing Authority will issue you a check for the amount they will pay. The rent you charge, minus the amount the Housing Authority pays, is what the tenant will pay you -- a set amount the Housing Authority tells the tenant they must pay. You are not allowed to charge the tenant more money.On the first of the month, like clockwork, the Housing Authority will pay you their portion of the rent. This will continue even as the tenant is being evicted if this is to be done. There are certain rules and regulations that tenant, landlord, and Housing Authority must follow in order to maintain this relationship. The Housing Authority will often issue the landlord a handbook with information about its program.* A family with a current Section 8 voucher views your apartment and wants to rent it.You screen the tenants to make sure they are suitable.You agree to lease to the tenants and contact the Section 8 office for approval.The Section 8 office checks to make sure the family can afford the rent, the rent is reasonable compared to other rents in the community, and the lease is acceptable.The Section 8 office sends an inspector to check your apartment to make sure it meets program standards.After the apartment passes inspection, the Section 8 office sends you a contract to sign.You sign the contract with Section 8 and sign the lease with your tenants, and the family moves in.The family pays its portion of the rent and Section 8 pays the rest.How does the Section 8 program work?(Note: Section 8 and Housing Choice Voucher Program are two different names for the same program.)Section 8 is a federal assistance program to help low-income people pay their rent. People with Section 8 vouchers find their own housing and pay a percentage of their income for rent. Section 8 pays the landlord the rest of the rent.In IL, it is against the law to refuse to rent to someone just because the person has a Section 8 voucher.These are the steps involved in renting to a Section 8 tenant:A family with a current Section 8 voucher views your apartment and wants to rent it.You screen the tenants to make sure they are suitable.You agree to lease to the tenants and contact the Section 8 office for approval.The Section 8 office checks to make sure the family can afford the rent, the rent is reasonable compared to other rents in the community, and the lease is acceptable.The Section 8 office sends an inspector to check your apartment to make sure it meets program standards.After the apartment passes inspection, the Section 8 office sends you a contract to sign.You sign the contract with Section 8 and sign the lease with your tenants, and the family moves in.The family pays its portion of the rent and Section 8 pays the rest. You can view the Section 8 program forms on the HUD web site:Housing Choice Voucher authorizes a family to look for an apartment and specifies the size of the unitRequest for Tenancy Approval is submitted to the Section 8 office after the landlord agrees to rent to the tenantInspection Form is used to determine if the apartment meets the Section 8 standardsTenancy Addendum must be attached to the leaseHousing Assistance Payments (HAP) contract is the contract between the landlord and the Section 8 office How do I list my apartment with Section 8?If you would like to rent to Section 8 tenants, you should contact your local Housing Authority to let them know you have an apartment available. They will add your apartment to their listings. This is a free service. You may use the HUD Housing Authority listing to find your local Housing Authority address and telephone number:You may also advertise on your own. If you place an ad, include a notice stating that you welcome Section 8 tenants.It is against the law in Illinois to refuse to rent to a prospective tenant, just because the tenant has a Section 8 voucher.Does the Housing Authority screen Section 8 tenants?The Housing Authority does not screen Section 8 tenants for you. You must do this yourself, just as you would screen non-Section 8 tenants. You should ask for Social Security number, references, current and previous landlords, credit history, employment history, criminal record, etc., and check the information carefully.There are many services available to help you screen tenants. These services can check to see if the prospective tenant has a criminal record, has been evicted, or has bad credit. When checking references, always contact the previous landlord as well as the current landlord, because the current landlord may want the tenants to move out.The Housing Authority will tell you the number of people on the voucher, current and previous address, and current and previous landlord. Some Housing Authorities will also share any other information they have. However, the Housing Authority's main concern is checking that the applicant meets the income limits and other Section 8 eligibility requirements. Screening the tenant is the landlord's responsibility.Who pays the security deposit?If you want a security deposit, you must collect this from the tenant. The Section 8 program has no responsibility for damages, unpaid tenant rent, or other claims you might have against the tenant.The maximum security deposit you may collect is one month's rent. You may not collect the last month's rent.Do I sign a lease with the tenant?You must sign a lease with the tenant for a minimum of one year. The lease should include:* names of the landlord and tenant* address of the rental unit* term of the lease and how it will be renewed* monthly rent amount* which utilities are paid by the tenant* which appliances must be provided by the tenant* Tenancy AddendumYou must include the Tenancy Addendum exactly as it appears on the HUD web site:* Tenancy Addendum (requires Adobe Reader)You may include any other conditions that you normally include in your leases, as long as they do not violate any laws.What kind of inspection is done?Your apartment will be inspected to make sure that it meets the housing standards of the Section 8 program. The inspector will examine the exterior of the building, the plumbing and heating systems, the exits and hallways, and each room in the apartment to make sure the unit is safe, clean, and in good condition. The unit must be vacant at the time of the first inspection, and all utilities must be turned on. The inspector must have access to the unit itself, the basement, and all common areas.The inspector uses a checklist form provided by HUD, the federal agency in charge of the Section 8 program. For each item on the list, the inspector marks if the unit passes or fails (or not sure). If repairs are needed, the inspector marks this on the form.You can view the inspection form on the HUD web site.* Housing Choice Voucher Program Inspection Form (requires Adobe Reader)A family will not be allowed to rent your apartment until you have made any needed repairs and the unit passes the inspection.The apartment will be re-inspected each year. If problems are found, you must make repairs within the time allotted or else Section 8 will stop payments.How much rent can I charge?The rent you charge must be reasonable compared to other units of similar size in your community. The Section 8 office will compare your rent to their payment standards, which are based in part on the fair market rents in your city or town. The fair market rents are the average gross rents (rent plus utilities) being paid in your community for modest apartments of varying sizes. See What are "fair market rents?"If the gross rent (rent plus utilities) for your apartment is less than or equal to the payment standard, the tenants pay 30% of their monthly income for rent and Section 8 pays the rest. If the rent is higher, the tenants must make up the difference. However, they are not allowed to pay more than 40% of their income for rent when they first rent an apartment.If you want to increase the rent when you renew the lease, you must get approval from Section 8. The rent must remain reasonable and within the family's ability to pay, or else Section 8 will not approve it.How do I get paid?Section 8 will send you a check for their portion of the rent each month. They will continue to do so as long as the tenant remains eligible for Section 8 and your apartment meets the Section 8 program standards.You are responsible for collecting the tenant portion of the rent each month.May I evict a Section 8 tenant?You may evict a Section 8 tenant in the same way you would evict a non-Section 8 tenant. The same laws apply.How The Program WorksFor families or individuals with a voucher, there are six steps to participation in the Housing Choice Voucher Program. They are:Issuance of voucherHousing SearchHousing Quality Standards (HQS) InspectionRent Reasonableness DeterminationExecution of Lease and HAP ContractRent & Housing Assistance Payments beginProperty owners and managers become involved at the second stage of the program-when the family with a voucher schedules an appointment to view an apartment or house for rent.If the tenant likes the unit and also passes the owner's screening process, the owner will submit a Request for Tenancy Approval Packet or RFTA to CHAC. CHAC will contact the owner within 3 working days of receiving the paperwork to schedule a Housing Quality Standards (HQS) Inspection.The inspection process is designed to ensure that subsidized housing meets a minimum set of health and safety standards established by the federal government. Generally, the inspection is scheduled within 3 to 5 working days of the date that the owner indicates the unit will be ready. To assist owners in preparing units and expediting the inspection process, CHAC has prepared a self-inspection checklist. You can download a copy now.After the unit passes inspection, the rent requested by the owner is reviewed to make sure that it is reasonable, compared to similar units in the neighborhood based on size, amenities and other factors. At this point, the tenant is ready to move in. The owner will sign a lease with the tenant and a Housing Assistance Payment or HAP contract with CHAC.The HAP contract is the legal relationship between CHAC and the owner. The document outlines the rights and responsibilities of each under the voucher program. CHAC's major responsibility to the owner is to make monthly payments on the tenant's behalf in a timely manner; the owner's major responsibility is to abide by landlord/tenant laws and keep the unit in good condition.
How do you make my home section 8 ready?
Basically, making the home section 8 ready means making it meet the federal housing quality standards, in essence, making sure that everything works and that everything is up to par. You also want to make sure that the rent is reasonable -- that is, that it is within the fair market rent value in your area. If you have any questions, call your local Housing Authority, which can help. You, the landlord, have to be willing to accept section 8 vouchers. This means that you will abide by the rules under the federal guidelines that apply. In return you are guaranteed to be paid the housing assistance payments , on behalf of the tenant , like clockwork. For example, if the Housing Authority fails to pay you their portion of the rent you may not be able to go after the tenant for the same. and, if you own several pieces of property, you must charge the same amount of rent that you would charge anyone who would not have voucher assistance.
What does camera ready mean in television production?
Ready to start shooting
What if lease is signed but the house is not ready on move in date?
Normally leases are not signed until the day of moving. If the home was not ready to be moved into then the landlord should not be presenting the lease to be signed, and the tenant should not sign it until such dwellings is ready.
How many days notice does a tenant give a landlord to terminate lease in Texas?
If you are on a fixed term lease, there is probably a provision in the written lease agreement that sets out the procedure for terminating the lease. If you're on a periodic (month to month) tenancy, you must give one month's advance notice. Getting out of a fixed term lease early could be difficult unless you can get your landlord to agree to it, or unless you can find a suitable new tenant to take over the balance of the lease. Otherwise you could be liable for paying rent for the remainder of the lease term, and possibly also for paying the landlord's expenses to ready the premises for reletting to a new tenant.
What are the benefits of ground?
Ground leases offer many advantages to the landlord. A ground lease will usually involve construction or improvements that will be profitable to the landlord. Since the landlord maintains ownership of the land, the landlord can sell the land for a much higher value or pass on the appreciated value of the land to his heirs. There is also a positive advantage of ground lease for tenants. A ground lease allows the tenant ready use of the land avoiding blocking of huge money in a large land purchase. Leasing the land will facilitate the tenant to use funds for more productive expenses.
What is a ground rent lease and what are the benefits of it?
Ground leases offer many advantages to the landlord. A ground lease will usually involve construction or improvements that will be profitable to the landlord. Since the landlord maintains ownership of the land, the landlord can sell the land for a much higher value or pass on the appreciated value of the land to his heirs. There is also a positive advantage of ground lease for tenants. A ground lease allows the tenant ready use of the land avoiding blocking of huge money in a large land purchase. Leasing the land will facilitate the tenant to use funds for more productive expenses.
How long can you sue landlord for wrongful eviction?
Right after the tenant has moved out, if the landlord has his case ready. There is no waiting period, but the statute of limitations limits the amount of time the landlord has to file the lawsuit.
Is a lease void if the apartment is not ready on the date promised and the tenant never received a lease?
Compensation should be made for the problem, but if the lease is signed, it is in force. Check with your state for the possible remedies you have for failure to have a habitable place.
If the house you have agreed to rent is not ready for occupancy on the date stated on the lease are you obligated to honor the lease?
I wouldn't imagine so, if you have a contract with the expected move in date and the landlord can not honour that, then the contract will be broken.
How long before you get your security deposit?
The security deposit is returned: after the lease ends; the tenant moves out; and the landlord inspects the apartment. The landlord has the right to deduct any necessary cleaning and/or repairs to the apartment in order to ready it for a new tenant, but nothing to improve the apartment (for example, adding an air conditioner or dishwasher where none existed; replacing carpeting with hardwood flooring) beyond the condition in which it was leased. Depending on the condition of he apartment, the landlord may not refund any of the security deposit. Your best bet is to thoroughly clean the apartment and patch any holes/damage created during the lease. Optimally, you would have taken photos the day you moved in to prove the condition of the apartment as received.
Can you sue your landlord cause 3 maintenance men left your door unlocked for 5 hours then your things got stolen?
Yes. However, be ready to prove that the maintenance men left your door unlocked, and that the possessions were stolen. You need to talk with a landlord-tenant attorney or personal injury attorney about your case. If you cannot afford to hire an attorney, there are many tenants' rights groups that will help you find a lawyer for free. Check your local phonebook or online.
Can i get my deposit back on a house if i haven t moved in yet but i have signed the lease the house is nowhere near being ready to move in yet i was told it would be do i wait or go somewhere else?
Does the lease say it would be ready by now? If the landlord has not fulfilled his end of the contract, you shouldn't be obligated to uphold yours. You should probably speak with a local attorney. If the lease doesn't actually specify a move-in date, then it's trickier. Again, you should speak with an attorney.
How do you evict a non paying tenant?
If the non-tenant is living with a tenant in your property you need to tell the tenant to get rid of him or you can get rid of the tenant. If the latter occurs the non-tenant will be forced to leave automatically. If the non-tenant is not living there you can demand that he leaves and issue a trespass warning against him. It doesn't matter how that person is related to your tenant: you have the right to control who comes in and out if that person is a nusiance. Remember, non-tenants do not have the same rights as tenants, even if that person has a written lease between him and the Tenant (called subletting). As a landlord you have the right to ban your tenant from renting to others (subletting or subleasing). If you allow this to happen you may have more difficulties in kicking out the non-tenant.
If you do not renew your lease how much notice do you have to give?
Most states require you to notify the landlord in writing 30 days before the lease expires. Some leases are worded to automatically renew. If it is not worded to do so it usually is considered a month to month rental after it expires. You are still required to give 30 days notice, however.
