Landlord-Tenant Issues

The cost of insurance. A+

Yes. No two apartments are exactly the same. In fact, in the U.S. at least, a landlord can offer the same unit to one person at one price, and to another person at another price. As long as there is no discrimination against a protected class, that's perfectly legal. For instance, I could offer an apartment to Ted for $1,000, and to his brother Steve for $800.

It depends where you are located. In NYC, for example, a landlord is required to provide heat pursuant to specific guidelines based on time of day and temperature from October 1 through May 31. However, in other areas in New York State, the law is different.

In Arizona, a landlord can ask for a security deposit equal to one and a half months rent. Once the tenant vacates the property, the landlord has 14 days to return the deposit. If any part of the deposit is kept, an itemized list must be included.

The statute of limitations for injury to personal property in Michigan is 3 years (Mich. Comp. Laws. Ann. S600.5805). This means that in civil clams related to personal property (conversion, trespass to chattels, adverse possession of chattels, etc), you have 3 years from when the claim arose. The claim arises usually when the item was converted, damaged, taken, etc. However, concealment of an item, so that you didn't know it was gone, for example, may toll the Statute of Limitation so that some courts may not consider the statutory period to start until you either discovered the item was missing, or should have discovered it was missing by due diligence.

No. In America, theft is prosecuted by your local municipality's attorney as that would constitute a criminal offense. The withholding of your security deposit is (possibly) a civil case.

Normally a security deposit is paid before the lease is signed. Once your lease is mutually signed then you have the right to move in.

Did the tenants pay their rent on time?

Were there any disturbances?

Was there any damage when the tenants left?

How long did they live there?

Why did they leave?

Occasionally, we see landlords who got positive answers from the former landlord, then found out that the person they were talking to wasn't actually the former landlord, but just the tenant's friend, posing as a landlord. You could search the registry of deeds to determine if the person you are talking to is really the landlord. Also, sometimes, a landlord will give a positive reference just to get rid of the tenants. There are companies that will run a tenant's history for $35 - $50. That's probably a wise investment.

no...i am a NY state judge and deal with summary proceedings regularly...if the tenant fails to pay, landlord must bring a summary proceeding and seek eviction...if judgment is rendered in favor of the landlord, it is strictly monetary and limited to the period of unpaid monthly rents according to the terms of the written lease, unless specific damages are sought and which may increase the amount of the judgment, and the landlord must go about seeking to enforce the judgment by way of an information subpoena (wherein then the landlord might attempt to garnish wages or force a public sale of assets to satisfy the debt, or other avenues available in individual states...even security that is held by the landlord cannot be used to pay back rent or even be applied to any back due or current rent...security money must be held separately in a separate bank account (not necessarily interest bearing) and cannot be mixed...if the landlord does apply security to rent without permission of the court, the landlord will be civilly liable...additionally, any personal belongings of the tenant must be held in a secure location for a specific period of time after they vacate...local court clerks will be able to give you a little help with certain time frames...

Sharecroppers and tenant farmers made their living from cash crops.

Local laws will tell you whether it is 15, 21, 30 days or whatever, in which the landlord must provide you with an accounting of any deductions made from your security deposit and why. In some states you can get triple damages and attorneys' fees if you prove your case against a landlord.

If they co-signed a lease they should check the property regularly and also make certain the rent is being paid on time. A co-signer on a lease is responsible for paying the rent if the primary lessee doesn't and is also responsible for paying any damages that go beyond the security deposit.

Yes, you can and MUST evict that tenant. If you fail to evict a tenant after discovering drug activity on your property, you're subject to civil asset forfeiture, where the county, state, or federal government, can take your house.

Certainly not unannounced, and certainly not just to look about. But for a purpose and with notice, yes. In an emergency, definitely yes.

Read your governing documents to determine the notice required, and the circumstances under which the property manager may enter a unit.

The legal age to sign a lease in Georgia is 18 years of age or older. You can leave home at 17, but you cannot be kicked out of your home until you are 18.

It depends on the severity of the felony and if the felon is a registered sex offender. Each housing authority has the right to make its decision on the basis of a felony conviction. But felonies-- except homicides and sex offenses-- of over three years old generally are overlooked.

Check your state's landlord tenant laws. If you are owner, you may be able to. If you are a tenant with a roommate problem- might be a different story. If it is the latter problem, would be good to let landlord know before the situation gets you into trouble as well. The landlord may be willing to work with you if you are having trouble making rent as a result (ie: let you out of your lease early or something).

Good luck.

Generally speaking, landlords are to get into contact with the prior tenant within 30 days to either return the security deposit or give an accounting of all monies held for damages. Make sure he has a forwarding address for your new location or current phone number, so he can get in contact with you. Many states have an option where you could possibly get three times, or treble damages, if this proceedure is not done. If the money is not returned or you do not agree with the accounting of monies withheld, its off to civil court where you file a complaint and the court resolves it.

Yes. The building belongs to the landlord and needs the key in case of an emergency, or if a tenant abandons the property. Also, you should probably check with the landlord prior to changing locks. There might be a clause in the lease stating that only the landlord can change a lock, not the tenant.

No, disability benefits both private and governmental (SS, RRB) are not subject to garnishment for creditor (including rents or leases) debt.

: Hi. : So, I am a 19 year old full time uni student. : I pay my own uni fees, buy my own books, buy/pay for all my own things (public transport, clothes, doctors, meals - even when I'm out with my parents, etc). : I do have a part time job, but like I said I pay for all my own things, I am currently saving to have my wisdom teeth out, get my licence/a car, also saving so I can go on a trip somewhere. And with my spare money I like to go out with my friends to movies, clubbing, dinner, etc. : I don't mind paying a bit of board to my parents, because after all they do buy groceries and keep a roof over my head. They also don't have a big cash flow, but they do have a few investment properties. : But I was just wondering if I should pay board, and if so how much is fair? : Thanks.

There are no real questions to ask a potential tenant which will help you determine whether or not he is a good risk for tenancy on your property. What you need to do is determine what type of criminal background and credit background that tenant has. This can be done through an agency which specializes in such checks. And what you're looking for is a good rental payment history and utility payment history, as well as a fairly decent criminal record: no violent or drug offenses. Finally, you want to determine whether that tenant has an excellent work record, unless he is disabled or retired. You want to make sure that his income is at least three times the amount of the rent per month, unless the tenant is on section 8, in which case the federal government, through your local housing authority, will pay a major portion of the rent.