My question pertains to whether or not it is the landlords responsibility to provide a mailbox key (or re-key) of the mailbox, if the previous tenant didn't turn it back. That's an extra expense that I do not believe I should incur.
It is unseemly that a landlord can charge a tenant for other than the items listed in the lease. You can pay them and take your landlord to landlord-tenant court for reimbursement, or you can approach a landlord-tenant advocacy to find the answer that you want.
Probably YES. Read your lease. The tenant may be held liable for all legal fees incurred by a landlord by actions of a tenant. Since the landlord had to provide a defense, he incurred fees. Just as if you WON, you may have been able to collect YOUR legal fees. Laws vary by state and I am not an attorney. See RentLaw.com for general info.
If the association fees are part of the obligations of your landlord under your lease agreement you could pay the fees directly, then deduct them from the rent, sending a letter to the landlord with the accounting. You should check to see if there is a landlord-tenant agency in your area and call for advice.
Generally, no. The possession of someone else's property for a debt is a "pledge" or "security agreement" that goes well beyond the mere obligation to pay rent. In other words, the tenant must AGREE to allow the landlord to have a security interest in the tenant's property. However, if the landlord has accrued moving and storage fees for the tenant's property, the landlord often has an automatic "lien" on the property for payment of those expenses, but not the overdue rent. When the landlord perfects the lien, holds a public auction and sells the tenant's property, the landlord can usually only keep the amount of profit (if any) that covers the expenses, unless there is also a court order that the tenant owes other rent, penalties, fees, interest, costs, etc.
In most states, when a tenant has been lawfully evicted, the landlord has the right to remove the personal belongings of the former tenant from the rental property. Each state, however, has laws regarding what the landlord must do with that property after removing it. Some states require the landlord to keep belongings in storage for 30 days prior to disposing it - in this case the landlord has the right to collect the storage fees from the tenant before releasing the belongings - while other states, such as Florida, permit the landlord to dispose of the belongings as the landlord sees fit. In South Carolina, the landlord has to remove all property and place it on the curbside, where the tenant has 48 hours to retrieve them or they will be disposed of.
The tenant may not be liable to pay any expenses not documented in the lease signed with the owner.
If a tenant doesn't pay rent on time, they may face consequences such as late fees, eviction proceedings, or legal action by the landlord. It is important for tenants to communicate with their landlord if they are unable to pay rent on time to try and find a solution.
From my understanding of the laws in the state of Georgia (USA) as far as a home/property rental, there is no limit on the late fee so long as the late fee has been agreed upon by the tenant and landlord in the signed lease. If there is no late fee mentioned in the lease, the landlord can not just decide to charge one and make one up. From the State of Georgia's Department of Community Affairs' (DCA) Landlord-Tenant Handbook: The date the rent is due should be stated in your lease or agreed upon by the landlord and tenant. There is no law which specifies any grace period or designates a rent due date. Rather, a grace period is a matter of agreement between the landlord and tenant. It allows the tenant extra time in which to pay the rent without breaching the lease or rental agreement. The landlord and tenant may agree to any grace period they choose or they can agree not to have a grace period. In addition, a grace period may be created based on the landlord's conduct of accepting late rent over the course of several months without charging a penalty. If a tenant fails to pay the rent by the required date, including the time allowed for a grace period, the landlord may charge a late fee if the late fee is provided for in the lease. If the lease does not allow for a late fee, the landlord is not allowed to impose such a fee. The amount of the late fee will be the amount agreed upon by the landlord and tenant in the lease itself.
This is tricky as some jurisdictions prohibit charging late fees in general. Others do not consider them as "rent" but more of a penalty for being late. Assuming the landlord accepted the rent check, and cashed it, they have continued the tenancy.
SINCE EVERY STATE IS DIFFERENT, the best thing to do is go to your local TOWN HALL, and ask to see the book that has your state statutes and laws regarding LANDLORD/TENANT renting and leasing laws. It's ALL THERE. Good Luck! <<<ADR>>>
It is illegal for a landlord to deny access or prevent access to a tenant without having formally completed a legal eviction process. The tenant should contact local law enforcement for help with accessing their property if they are denied access illegally. If the court agrees with the tenant, it will order a law enforcement officer to help the tenant get back in. If the court decides that the landlord knew (or should have known) that the lockout or other exclusion was unlawful, the court may order the landlord to pay the tenant up to triple damages or $500, whichever is greater, plus reasonable attorney's fees. Minn. Stat. 504.225 (1992)
A landlord would have the right to have all vehicles and vessels towed at the owner's expense. The tenant can then retrieve the vehicles/vessels by paying the fees to the towing company.