0
Landlord-Tenant Issues
The laws that are associated with the relationship between a property owner and his tenants not only change constantly, but vary considerably from place to place.
3,273 Questions
Can a landlord evict you over a late water bill?
Yes, unless it states in your contract "bills included".
Can a landlord charge you late fee on rent after a year?
That depends on the state. In Massachusetts, the rent has to be 30 days late, and the late fee has to be agreed to in the rental agreement. Every state is different on this.
Can a landlord harass or threaten you during an eviction?
No, only a judge can evict you. However, a landlord can ask you to leave at the end of your lease term. Or with 30 days' notice in a month-to-month scenario. If you still don't vacate, you will certainly find yourself in court.
Can your landlord keep a security deposit to paint an apartment after two years of occupancy?
Yes he can. It depends on the degree of damage done. A landlord shouldn't keep the deposit to paint if only usual wear and tear have occured. However, putting nail or pin holes may be enough for the landlord to justify keeping the deposit for damage beyong normal, permitted use.
Can the landlord hold property after eviction due to balance of rent due?
In most jurisdictions, yes. A landlord can hold personal effects and in many cases sell them to recoup money owed.
When a landlord holds personal effects or sell them to recoup money owed, this is called 'conversion' and landlord is liable to the tenant for the 'reasonable value' of the property regardless of what they were sold for .... you got it, now the judge becomes the trier of fact on what was 'reasonable value.'
The better practice is to store the property ... in California after 15 days... and let the tenant or prior owner pay the storage fee to regain possession of the personal effects.
How long does it take for a landlord to evict a tenant in Florida?
PRETTY quick, especially if it's for non-payment of rent! First a landlord must serve the tenant a three-day notice. Time: 3 days Then the landlord must file the paperwork with the Clerk's Office: < 1 day Sheriff's deputy serves the eviction summons: This takes one day or two You have then FIVE days to answer the Summons, and the answer must accompany a money order or cash in the amount of the rent, in person at the Clerk's Office. If you don't have the money, the Judge doesn't want to hear from you. He can rule a Judgment for the Landlord by default. Time: about three days Then the Landlord must obtain a write of possession. Time: about 1 or 2 days Then the Landlord must turn the paperwork to the Sheriff's Office and pay them $80 to hire a deputy to force the tenant out (execute the writ of possession). Time: about two days. Total turnaround time: about 20 days by default, longer if you did pay the money to the Clerk and went before a Judge, who may order you to pay another month's rent if it's then due by the time of the final hearing.
Where can a convicted felon find an apartment in Phoenix Arizona?
A convicted felon can find an apartment in Albuquerque New Mexico by doing an internet search for " Apartments in Albuquerque NM that allow felons " It will pull up the yellow pages and although it isn't 100% accurate, it is a start. It's too bad there are so many closed minded people in positions where they are able to make re-entry to society harder than it already is. good luck...
Contact a lawyer with specific regards to "tenantability". However, since these laws pertain to your own habitation, you would have to show damage from neighbors' activities by the same landlord. But if this is a civil matter, you should go through the proper channels, such as contacting police or other authorities assigned the responsibility of protecting the peace.
How do you evict a tenant in Indiana?
If you want to evict someone, you should first see if they will leave on their own. if they will not, you need to file a case and then the Sheriff will serve the papers on them.
Can a landlord ask for double deposit if on section 8 I am in California?
Of course, they can! It is their property. The funds go into escrow to be used for that purpose only. Make sure you complete a walk through list when you first move in. When you move out, take your copy of the list and walk through the apartment with them. Many of them charge for loose electrical outlets, dings on doors and other ridiculous charges if you do not attend the the walkthough at the end. Make sure you keep up with the maintenance of the place and document your requests.
Can a landlord change the lock on your door while you are still living there?
The laws regarding the renting of a storage locker is not the same as residential landlord laws. In a residential setting a landlord may not change any locks whatsoever, without proper eviction procedures followed. If you have a storage locker that is part of the property you are renting from a residential landlord it is subject to that same rule. If your landlord also owns a storage facility from which you are also renting a storage locker, and you owe him rent for your residential property, he may not change the locks of the storage locker as long as you are current on your storage locker rent. If the rent of the residential property includes the rent of the storage locker as part of the rent altogether, he may not change the locks of the locker, whether the locker is located on the property or a separate facility. If you are renting a storage locker, whether the owner of that facility is also your residential landlord. then you are subject to the regulations regarding the rent of a storage locker. If you are behind on that rent the owner may charge you late fees and then may place one of his own locks on your storage locker to lock you out of your locker until all fees and rent are kept current. After a certain time the facility owner may seize your locker and auction off any contents therein.
Is it all right to sue a landlord?
It would be pretty difficult to make stick. It is, after all, the landlord's property. And I'm sure the lease allows them access to inspect and repair and those sorts of things. But there is also likely to be some wording to the affect of 'reasonable access' and 'prior notice.' And if they were showing up in your bedroom at 2 in the morning, there might be something to it. Trespass is not likely the charge, but there are other torts that might fit the situation better.
Yes, absolutely! While the landlord may "own" the property, he does not "possess" the property while you are the tenant. Thus, entry upon your property without permission or valid excuse is (legally) trespass, and probably also a violation of the lease agreement (if you have one). In many cases you can obtain a rent abatement for every day on which you were denied the value of your property rights (not to mention restitution for any damages caused during the uninvited visit), and you may obtain an injunction to prevent further violations to your privacy.
It has been my experience, that if you break your lease prior to expiration of the lease term, you are in breach of contract. In NYC, unless you obtain signed and written consent from the landlord granting you permission to end the lease prematurely, he can sue for lost rent. I had a verbal agreement to end the lease early with the landlord of my first apartment in the city. I was in the process of moving out and he padlocked the premises with some of my belongings inside, and then sued me for back rent 6 months later and won. (Although I never paid based on principle. He had given me his word and then renegged. I made a naive mistake and he took advantage of me.) Never do anything with out the other party signing an explicit agreement.
Many landlords, if given a month or so notice, will waive the requirement, but it is at their convenience. If you are going into the military and you have the correct papers, the lease can be broken.
Yes. anytime you co-sign a lease you are 100% responsible not only for the money of rent but 100% of all other terms. Such as damage, late fees, early termination fees, court costs, etc. for the full duration of the family members tenant status. In a lease or month-to-month the co-signer remains responsible until the tenant is no longer on property. If the co-signer wants to be relieved of future liability, then the co-signer should send a written notice to the landlord, before the lease renews or goes month-to-month, requesting he/she to be removed from the agreement as a co-signer. I would imagine the terms and rules would still apply, even though the lease expired and is now month-to-month. So write a letter and give notice that you are ending your arrangement.
How do you tell your landlord that you are moving out?
You should notify your landlord in writing and pay attention to time periods. If you have a lease your notice must comply with that lease. In many jurisdictions the landlord must be given a thirty day notice. Some landlords require 60-90 days notice. Be sure to date your letter, include the date you will be leaving, and a forwarding address.
A month to month occupancy requires a notice that ends with the end of the month. For example, if you rent by the month and plan to move at the end of December and a thirty day notice is required your landlord must receive your thirty day notice by November 30. You should send the notice by registered mail so you have proof of sending it or follow it up with an email exchange in which your landlord acknowledges receiving it. Make sure to keep a copy of the notice and any emails relating to it.
Where can you receive help with paying for your security deposit?
There are some agencies that help in this manner, but you will have to prove need and, perhaps get on a waiting list. It is better for you to plan how you will earn the money and save to pay the deposit. This is a useful skill to have.
Can a landlord use your last month's rent to repair the apartment?
No. Your last month's rent is that: your last month's rent. The landlord must allow you to stay in your apartment for the last month and not use that money for any other reason. If the landlord collected a security deposit then he can use it to repair his unit: IF you are the one who damaged it outside the realm of normal wear and tear. He cannot use your security deposit as your last month's rent unless you agree to it.
If you have an eviction on your record can you still get a lease if you have a co-signer?
Probably yes. It's really up to the apartmant management who they approve as renters. Some will want your co-signer with good credit to be the legal tenant, with you on the lease as another occupant. Then if you don't pay the rent, the co-signer is responsible. They also may be more flexible if you put up a larger deposit, an additional 1-2 months rent. Sometimes smaller apartment complexes or those owned by an individual will have less stringent guidelines.
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.
How old do you have to be to rent an apartment?
You would have to be of the age to be held legally responsible in the state you wish to rent in. But, mostly, the age to legally contract is 18. So the legal minimum age to rent an apartment is 18.
You can certainly move out. * None. The owner of the property can rent/lease on their own terms. The only exception being that they do not violate a person's civil rights by using blatant discrimination tactics.
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 unit
- Request for Tenancy Approval is submitted to the Section 8 office after the landlord agrees to rent to the tenant
- Inspection Form is used to determine if the apartment meets the Section 8 standards
- Tenancy Addendum must be attached to the lease
- Housing Assistance Payments (HAP) contract is the contract between the landlord and the Section 8 office
How do I list my apartment with Section 8?
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 Addendum
You 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 Works
For families or individuals with a voucher, there are six steps to participation in the Housing Choice Voucher Program. They are:
- Issuance of voucher
- Housing Search
- Housing Quality Standards (HQS) Inspection
- Rent Reasonableness Determination
- Execution of Lease and HAP Contract
- Rent & Housing Assistance Payments begin
Property 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 sue a landlord in another state?
You sue a landlord in which ever state you signed the lease and retained the property in. If the landlord resides in Toledo, Ohio and you rent a property and signed your lease in Monroe, Michigan, you sue in Monroe, Michigan.
However, if your lease specifies that any civil proceedings must take place in the landlords state of residency, you're bound by the contract to file suit in the landlords state of residency.
How soon before your lease is up can a landlord start showing your house?
Yes. The landlord should give you at least 24 hours of notice to enter without your permission or have your permission. There may be local stipulations for the landlords, an example being that where I live, the landlord can show the apartment only in the month preceding the move out date.
Are landlords responsible for snow removal?
Not unless your lease specifically states that the landlord shall maintain snow removal. Otherwise this duty is delegated to the tenant. The property owner retains their duty to maintain public easements (which include the sidewalk) from snow, ice, trash, and repair. However, certain rights can be assigned by a lease agreement or implied heavily by it.
In most jurisdictions, a court will hold that since the tenant has exclusive control of the property, they had the duty to maintain the sidewalks in a reasonable manner.
