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If the landlord voids a lease in writing before the tenant moves in and promises to return the tenant's deposit in writing but the money doesn't show up does the tenant have any rights?
Wiki User
∙ 14y ago
Probably, depending on what you've signed beforehand.
Was it a holding deposit (a couple of hundred pounds) to secure the flat or a security deposit (5 or 6 weeks rent) to be held for the duration of the tenancy?
If it's a security deposit, then yes. If it's a holding deposit, it's trickier. I just hope you had a receipt. After 500.00 any contract must be on writting. To this case is up to the judge now...
Wiki User
∙ 14y ago
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Can i not pay my last month if i gave a first and last month deposit?
If you have a contract stating that you did indeed pay your money upfront that serves as a first and last months deposit, then there should not be any problem. If you do not have a contract, then the landlord can say that was a damage deposit...all depends on what you have in writing.
Can you pay a security deposit then move in and prorate later in the month ie Pay security deposit on the first to secure the home then move in on the middle of the month and pro rate?
NO. A security deposit is equal to one, one and a half or two months rent as regulated by your state Landlord Tenant Law, according to RentLaw.com . It depends on the landlord. Most companies will be happy to do this for you. Know that it is illegal for landlords to charge "double rent" on an apartment (having two parties paying rent for the same unit). Some landlords will try and pro-rate the last month rather than the first month. Be leery of this, but if you must accept it, get it in writing, make sure it's included in your lease agreement, and keep a copy in a place where you can find it. You shouldn't have any problem doing what you're describing, as long as you stick to your move-in date. Landlords get nervous when people push moving in back more than a few days.
In Pennsylvania if the current tenants are being evicted can the landlord enter the house without their permission for reasons of inspection or showing the property to potential renters?
You should check with the clerk of the court ofr detailed information, but in any state a landlord has the right to enter property, provided he gives reasonable notice. State by state it varies - sometimes it has to be in writing and the length of notification can be as short as 24 hours or as long as a few days - but your local court can give you all the landlord/tenant laws. You may also be able to look up your state statutes online as well.
How much notice does your landlord have to give you after living there four years?
30 days in writing if by notice you mean eviction
Can a landlord decide not to renew lease after telling tenant he could renew lease?
Unless the offer to renew was made in writing and signed by the landlord, he may legally withdraw a verbal offer at any time.
Is it okay for our landlord to have us pay last month's rent and security deposit to the departing tenants instead of him?
Yes, that might be fine. You should get something in writing from the landlord, in lieu of a receipt, making it clear that that's what you're doing.
In the State of Maryland how much time does a landlord have to return a deposit after the tenants vacate?
In the State of Maryland, a landlord has 45 days from the date a residential tenant vacates the premises to return any security deposit, minus any deductions for damage. Within 30 days of the date the tenant vacates, the landlord must notify the tenant in writing of any damage deductions being taken from the security deposit. If a landlord fails to return any portion of the security deposit rightly owed to the tenant, the tenant can sue the landlord for up to three times the amount of the security deposit that was wrongly withheld, plus attorney fees. Maryland has many online legal self-help resources on landlord-tenant law and other subjects. For a directory of these resources, visit the Maryland Courts Self-Help Directory related link.
Tenant/Landlord Rights on the Lease Agreement?
A lease agreement is an agreement between a landlord (property owner) and the tenant (resident). It is a legally binding agreement that allows either party to sue in court if the lease agreement is broken. A lease agreement is signed prior to a tenant taking residency in the dwelling (building).Tenants RightsTenants have rights under the lease agreement and can expect certain things from the landlord. The first thing tenants should expect from the landlord is a safe place to live. The landlord must keep the home in good repair. If there are issues in the residence that pose a health risk to the tenants, the landlord must repair it..The landlord cannot enter the home unless he or she has been given express permission to do so by you. If the landlord takes such action, he or she opens him or herself up to a lawsuit. The tenant has a right to privacy.The tenant can expect the landlord to return the security deposit placed when the lease was signed. The landlord can keep a portion of the security deposit if repairs are necessary due to damage done by the tenant. The landlord may be able to keep the full security deposit if the tenant owes rent. The security deposit must be returned to the tenant within a certain amount of time, generally 60 to 90 days.Landlord's RightsThe landlord has the right to expect rent on time each month. They have the right to expect the correct amount of rent due, not just a portion. If the landlord does not receive rent on time, he or she can sue the tenant in court for payment as well as eviction.The landlord has the right to expect tenants to take care of the property. The tenant is allowed a certain amount of room with normal wear and tear, but huge holes in the walls or stains on the carpet are looked on as a problem. The landlord can use the security deposit to make these types of repairs after the tenant moves out.The tenant/landlord relationship can be a good one as long as both parties adhere to the laws and the lease agreement. Both sides have options if the other side does not adhere to the lease or laws. Not all landlords wish to have a lease agreement in writing. It is important to have the agreement for the protection of everyone involved.
If you take a security deposit from a tenant do you have to keep that money in a special account?
Normally this is the proper procedure. The laws state that the landlord must tell the tenant in writing where the deposit is located, and whether the deposit bears interest and at what rate of interest if any.
Can i not pay my last month if i gave a first and last month deposit?
If you have a contract stating that you did indeed pay your money upfront that serves as a first and last months deposit, then there should not be any problem. If you do not have a contract, then the landlord can say that was a damage deposit...all depends on what you have in writing.
In Alberta can a landlord make you pay damage deposit after you have already moved in?
If a damage deposit is/was a term of your Residential Tenancy Agreement, then yes. If there was no provision for a damage deposit when you signed the agreement, then the terms cannot be changed until the agreement expires, or both parties agree to the change in writing.
What if the landlord wants me as the new renter to give the security deposit money to the last tenant and they left the place in a mess?
Giving the security deposit to the old tenant is a bad idea under any circumstance. Keep it simple - give it to the landlord. If the place is a mess, tell him (in writing) that you're not paying him the deposit until he cleans the place up. But, pay him the first month's rent, so you have a consummated contract.
What are your rights as landlord if no lease regarding security?
Basically speaking, whether there is a least written or not, if you, the landlord, accept a security deposit, you are obliged to return the deposit to tenant within 30 days of his moving out of the property. If the tenant has violated the terms of the agreements - they should be in writing - between the two of you, you have the right to keep the security deposit but you must write a letter to the tenant explaining why. The tenant has the right to take the matter to court if he feels the reason is unjust.
How do you write a letter of dispute for security deposit increase?
(DATE) Dear (Landlord's Name), I am writing to dispute deductions taken from my security deposit. # The holes in the walls from the pictures I hung are normal wear and tear. Money for spackling cannot be taken from my security deposit. # The charge for cleaning the rug is too high. I realize it was our fault for staining it. However, you are charging too much. It should not cost more than $XXX. Therefore, I believe that we are entitled to another $XXX returned from our deposit. If we do not settle this, I am willing to go to Small Claims Court over this matter. Sincerely, Name(s) Former tenants at: (previous address) Current address:
Your lease states the landlord is responsible for all utilities minus phone and cable He now claims it is a typo and you owe him back payments for electricity and gas Can he take your security deposit?
What is in writing is what you should go by. No matter what the landlord says now. A written lease is a legal document and will stand up in court. He can not take any deposits for back payments that is not in writing.
If your landlord gave you 45 days to move can he keep the deposit on the basis that you did not give him a 30-day notice?
== == If your landlord gave you 45 days notice to move in writing he owes you your deposit. If you have it in writing take it to a lawyer. You don't give a landlord notice if he gave you the notice! Update/ His notice to me was verbal. He said he was bring something for me to sign instead I woke up and find a 4 sale sign in the yard. Then the phone called started "maybe it would be best if you stayed then no it would be best if you left" this went on for 3 week then I moved which i would have NEVER done if it wasn't their idea. with nothing in writing do I still have a case I am really not sure on that because the law is written notice is required when you are moving or when a landlord asks you to move out. If your lease was not in writing than you definitely should get your deposit back. You should get a copy of the landlord tenant act for your area. Some lawyers might give you a free "first time" meeting. Ours did and he has helped us greatly over the past years. Since i have no idea where you are from you could check the phone book for a government agency for renters rights. Good Luck!
What to Look for on a Rental Lease Agreement?
When you rent an apartment, you are asked to sign a lease that puts in writing your rights and responsibilities as a tenant. What are some items that should be included in the standard lease agreement?How Much Is the Security Deposit and Other Fees?The lease should put in writing how much you are giving your landlord as a security deposit and where the money will be held during the length of the lease. It should also spell out how the money will be used if some or all of the deposit needs to be withheld at the end of the lease. Your lease should also put in writing how much the landlord will charge per month for pets and what is included in the rent.What Happens if Rent Is Not Paid on Time?The lease should also state when the rent is due and what happens if the rent is not paid on time. It should also state when and how a tenant can be evicted due to nonpayment of rent. Typically, state law will determine to a large extent when and how a tenant can be evicted and what process a landlord must take against you in court.When Can a Tenant Legally Break a Lease?While it is not easy to break a rental agreement, tenants do have certain rights to end the lease if the landlord does not maintain a safe and quiet living environment. As this can be a vague requirement for landlords to meet, it is important to put in writing specific instances when the lease may be broken with no repercussions.A lease agreement between a tenant and a landlord specifies what the landlord expects from the tenant while leasing an apartment. Typically, the tenant/landlord relationship is a good one with few problems for either side. However, having a signed agreement allows both sides to protect themselves if there is a disagreement that needs to be settled in court.
