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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

How long must a landlord hold a renters personal property after they move out?

Only as long as you want, at that point it is your house. You will, hoever, have a better court case if you tell the person to get their things, and what will happen if they don't, do this at least 2-3 times, and then if you go to court they will favor you.....

How do you evict a non paying tenant?

If the non-tenant is living with a tenant in your property you need to tell the tenant to get rid of him or you can get rid of the tenant. If the latter occurs the non-tenant will be forced to leave automatically. If the non-tenant is not living there you can demand that he leaves and issue a trespass warning against him. It doesn't matter how that person is related to your tenant: you have the right to control who comes in and out if that person is a nusiance. Remember, non-tenants do not have the same rights as tenants, even if that person has a written lease between him and the Tenant (called subletting). As a landlord you have the right to ban your tenant from renting to others (subletting or subleasing). If you allow this to happen you may have more difficulties in kicking out the non-tenant.

Are landlords responsible for accidents to tenants on their rental property?

Unless the accident was due to negligence on the part of the landlord (i.e., a poorly installed ceiling fan or unstable balcony), the lessee assumes personal responsibility, as if he or she were in their own home.

Can a landlord rent a property that has code violations?

In any situation, if there are code violations, the tenant needs to notify the landlord, and give him an opportunity to correct. Some municipalities require that a landlord get a Certificate of Occupancy from them before renting - check with your local building or health inspector. But, that is an issue between the town and the landlord, not usually the tenant.

Is deed of lease same as a lease?

A deed grants full and absolute ownership of the property. You can sell it or leave it to your heirs by your will. A lease is a contract that permits you the use and possession of the property only, for a finite period of time and for consideration.

How do you write lost notice?

Unless you were a sick person then usually you would report it to the police, they do not confirm a search party until the person or persons have been reported missing for 24 hours. If you were a sick person you'd probably make a poster similar to the ones that you see for lost dosmestic pets.

Is a landlord required to provide a receipt to tenants if they request one?

I would think a definite yes, especially if you pay your rent in cash, instead of a check. Most landlords use a standard lease agreement, so read yours and see what it says about payments, receipts, etc. I would not recommend paying the rent until he agrees to give you a receipt with the date and the amount paid. Otherwise, you have no proof that you paid the rent, and it will be your word against his.

How long is the average lease or contract for a rental home?

The average contract for a rental home will vary by the area you live at. However, the average here in Utah is 12 months. Most landlords like to have a longer lease so they are not switching tenets every 6 months.

Can a mobile home park owner or manager talk about a renter to other people?

Unless it is written in a contract that he cannot, then normal laws apply. Normally, you may legally talk about somebody (even if it shows poor judgement or is bad business practise) but you can only be pulled into court if it is slander, some kind of hate speech or shows you have violated a law such as Equal Housing.

What is a tenant?

An opinion, doctrine, or principle held as being true by a person or especially by an organization. (not to be confused with tenant who is someone that rents, leases or occupies a room, apartment, etc from the owner or 'land lord')

When would you receive your section 8 vouchers?

If your name is on the waiting list, it will advance as a voucher becomes available to the next family. When your name comes up you will be notified by the Housing Authority to which your name was added to the waiting list, provided you kept them updated with your information -- in writing. A packet of forms will be sent to you to fill out, and you will send them such completed forms and provide them with the necessary information they requested along with the completed forms.

You will then be given an appointment date at which you will be interviewed. Your information will then be verified, and if accepted, you will be given another date on which you will pick up your voucher.

You then have 60 days to find a rental unit that has been approved for your family or the voucher may expire. In most cases you can ask for an extension.

Essex county New Jersey landlord tenant court?

Don't know which Essex County you mean - several U.S. states have Essex Counties, and then there's the original in England. If you mean Massachusetts, that would be the Northeast Housing Court, 2 Appleton Street, Lawrence, MA 01840.

Is it legal to rent out a house you don't own?

All jurisdictions that I am aware of, have ordnances and statutes governing this activity, including Health Department regulations and zoning and property usage. The property owner would have to make sure they are in compliance with all these items before proceeding.

Can they just evict you?

The short answer is no. The laws regarding eviction vary depending on the jurisdiction. For example, some cities have specific laws and some cities follow the laws of the state. In most cases, the landlord must provide you with 30 days notice. The exception to this rule occurs when tenants are convicted of certain felonies. In those cases, the notice is typically 10 days. If you ignore the notice, then (after the 30 day notice period) the landlord must go to small claims court and file an unlawful detainer suit against you. If you ignore the unlawful detainer notice and do not show up for your court date, then the judge will rule against you and grant the landlord permission to have the sheriff physically remove you. You will also be liable for the past due rent. In some cases, the amount you owe can be tripled. Filing court documents is an expensive and annoying process. In most cases, your landlord would prefer to work things out with you before things get to that point.

If a husband wife are named on a lease and the wife is the only one to sign the lease is the husband obligated to the contract?

In general, states limit the right of a plaintiff to enforce a contract for real property rights (including a lease), unless there is a document signed by the defendant. Your particular state may interpret a lease as a contract that could be enforced if the husband actually acted as if there were a lease, even if he didn't personally sign it, but there could be complicated issues of fact and evidence worth discussing with an attorney.

What companies provide tenant screening services to landlords?

I have used a few different ones before.

Here's a list of the ones I liked the most.

1) houserie

They are relatively new to the market. However, I really like their process wherein the landlord has the option to request information directly from the tenant. This way, I don't have to collect personal information such as SSN. All I need is the tenant's name and email address. If I do have the tenant's data, I can just enter it myself and get the screening done.

2) .airfactz

These guys were my go-to report screening service before I found Houserie. The reports, however, can take some time to be delivered.

3) amerusa

These guys are pretty good as well. Nice, easy to use forms that are simple and fast. You do need all your tenant's information and a consent form to use this service.

Hope this helps.

If I move out before court will the eviction still go on my record?

Once an eviction proceeding has been initiated (the case has been filed by the clerk), it becomes a matter of public record. So even if you leave the premises before the eviction concludes or the writ is served, it can still be found.

Can you put a lien on a house that you are renting for improvements you made to the house?

Only if the landlord agreed to pay for those improvements. Normally, you would not be reimbursed for the cost of repairs or improvements you did not have permission to make. In fact, you might be responsible for paying to restore the property to its original condition if the landlord did not like your improvements.

Can you get evicted from a state?

Yes, an eviction will follow you any where in the united states!

Can a landlord ask for a second deposit after you've signed a lease?

In many states this is allowable; in many it's not. If your landlord is asking for more deposit then it's up to you whether you want to rent the unit under this new condition. Remember, unless you move out and have caused damage, your landlord has to refund you your deposit-- and all of it. Any damages for which they have provided receipts for repairs must be presented to you, in most states, within 30 days of your departure.

Is it legal for a census worker to ask your landlord or apartment manger for your census information and for that landlord or apartment manager to release your information without your consent?

No. A census form is suppose to be filled out by the resident of the house or apartment. Unless your living quarters do not have direct access to the the outside and you must exit by walking through you landlords apartment, you are required to fill out your own.

I suggest you ask this question to the Census Bureau their number is 1-866-872-6868

What is normal wear and tear after 4 years?

Good question: normal wear and tear is what is reasonable for a landlord to expect when the tenant normally uses the rental property. Generally, in four years, if the landlord has not performed certain routine maintenance procedures, that certain items begin to wear: the carpet, for example; painting, and other work that need to be done during the course of normal tenancy. Still, you need to be aware of what is not normal wear and tear, such as damage to appliance, not reporting some maintenance issues that might arise, too many holes in the wall from pictures, etc.; or puncturing the wall and other areas of the property.

Can you sue your apartment complex for overpayment?

A tenant would file a law suit to get damages, to get something they are due that the landlord won't give them.

If the landlord is overcharging, then the tenant would simply not pay the over-charge and tell the landlord this in writing with an explanation.

If the landlord tries to evict, the tenant has a chance to explain in court why the eviction is wrong.

If the judge agrees, the eviction will be denied.

If the judge agrees with the landlord, then they decided you were wrong to think you were being overcharged.

Can a landlord remove somebody without a tenancy agreement?

I am assuming you mean that there is a cause for eviction (non-payment of rent, unruly behaviour, etc.) If so, then you will need to (retain an attorney to) file an unlawful detainer action against the tenant. Note that a 3 day notice is required before filing such a lawsuit--talk to your attorney for more info.

Can a past landlord tell a future landlord rental history?

Yes, if it's true. If what he says is not true, and it causes you some loss, he has committed libel.

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