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The tenant application is a process of elimination for landlords. The tenant application varies, depending on how stringent the landlord wishes to be. The laws governing what a landlord can ask the tenant on an application vary from state to state, but there are some standard questions allowed on a tenant application.
Basic QuestionsAll landlords will request that a potential tenant fill out an application. The application will consist of some basic questions which are allowed by law. The questions include the name, address, place of employment, bank account information and references. These questions are normal and fair under the law.
Extensive QuestionsA tenant application might ask other questions such as whether the potential tenant has ever been convicted of a crime, whether or not the tenant has ever been late on rent payments with their current landlord and if they can contact the current landlord for more information on the tenant. The landlord may also legally ask the potential tenant to sign a release form so they can do a credit check and another one to do a background check. The potential tenant will be required to pay an application fee to cover the cost for the checks. The amount of the fee varies depending on the company the landlord hires to perform the checks.
Security DepositTenants might be asked to give a partial security deposit when placing the tenant application. This is not a requirement by law and is highly discouraged. Once the landlord has a partial deposit, he or she could take a great deal of time returning the money if the tenant changes his or her mind. Some landlords will even attempt to keep the deposit and state that a contract was made when the deposit was placed. It is highly recommended to wait to place any deposit on the rental until approval is gained and the lease agreement is signed.It pays to be honest on the tenant application. Lying on the application will result in immediate denial from the landlord. A prior conviction or slightly bad credit report will not always be cause for dismissal of the application. Potential tenants have the right to protect themselves from unfair and unlawful tenant applications. Check state and local laws to ensure the tenant application is a lawful one. A landlord will do whatever he or she can to protect themselves and tenants should do the same.
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What if I don't have a written residential rental agreement?
Then the tenancy is subject to the application of state or local landlord/tenant laws on a month-to-month tenancy.
Can a tenant move out immediately without notice if there is no lease?
You need to check the laws in your state because state laws vary on that issue. You should call your town hall to ask if there is a landlord-tenant agency in your town that you could call for advice.You need to check the laws in your state because state laws vary on that issue. You should call your town hall to ask if there is a landlord-tenant agency in your town that you could call for advice.You need to check the laws in your state because state laws vary on that issue. You should call your town hall to ask if there is a landlord-tenant agency in your town that you could call for advice.You need to check the laws in your state because state laws vary on that issue. You should call your town hall to ask if there is a landlord-tenant agency in your town that you could call for advice.
Where can you get a copy of tenants rights online?
Every state has a website to which you can log in and view tenant/landlord laws. Often times a legal aid organization has landlord/tenant laws publications you can view on their website and obtain a copy of.
Can a commercial landlord turn off electricity that he is supplying to a tenant if the tenant has not paid utilities?
Not unless the landlord has followed your state's laws regarding disconnection of utilities for nonpayment. Any landlord who disconnects the tenant's utilities (except temporarily for maintenance purposes) without following these laws will be guilty of constructive eviction. A constructively evicted tenant can sue the landlord for moving expenses and damages.
Is a residential tenant protected as a consumer?
Yes, to an extent, as most countres have specific landlord/tenant laws. Basically, the collection of unpaid rent would qualify for consumer laws, in the manner in which they attempt to collect the monies owed that the courts have awarded a judgment. Like, the enforcement of judgments, writs of execution, those types of things. But mainly, the landlord/tenant laws would apply first, since these are specific laws for tenants and rental proceedures.
Is a residential tenant required to provide a key to landlord?
If the landlord provided a key to the tenant, then the tenant must provide a key to the landlord. In fact, under most state laws the tenant may not change a lock without the landlord's permission and a duplicate key provided to the landlord.
Can a landlord evict a tenant for complaints of health issues with another tenant?
This depends on whether the tenant's frequent calling and complaining are justified. If the complaints are justified, the landlord may not evict the tenant because of such assertion of the tenant's legal rights. Such an intervention would be considered retaliatory and may entitle the defendant damages of up to three months rent abatement. However, if it is determined that these calls are frivolous, then landlord may evict the tenant.
What if a tenant does not pay after a small claims judgment?
If a tenant does not pay after a small claims judgment, then a garnishment can be placed on their checks. You will need to speak to an attorney for more details and laws your state.
Who governs the rights of a tenant?
Your state's laws govern tenants' rights and responsibilities. For more info, or if your rights have been violated, see a tenant's advocacy group or attorney in your area.
What if the tenant does not leave date stated on notice to quit?
The tenant would have to leave after an eviction, which is why a sheriff officer observes the whole process of the tenant removing their possessions out of the property and the landlord changing the locks to the property. If they do not remove their possessions, they generally become your property (under normal conditions).
What should I know before listing an office space for sale?
You need to be familiar with the commericial landlord/tenant laws in your states. Commercial landlord/tenant law is different to residential law. You need to know your rights and responsibilities as far as the tenant is concerned.
When does a houseguest become a tenant?
A houseguest becomes a tenant when they have occupied the premises for an extended period of time and begin paying rent. The specific timeframe can vary depending on local laws, but generally, if a guest stays for more than 30 days and is paying rent, they may be considered a tenant. It is advisable to consult local tenant laws for a more precise definition.
