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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
Does a renter owe rent if the unit is rented illegally?
There is more than one answer to this question.
So, if you decide not to pay rent then 2 things can happen.
1. You could not pay and get the landlord pissed with you and he/she will do what ever they can do to get the money from you. This could mean that they will bug you until you get tired of them and you finally pay up, or they could get violent with you or threaten you if that's the type of person that they are.
2. You could not pay and decide to take the person to small claims court and if you prove to the judge that this person is infact renting the unit to you illegaly and hope that the judge rules in your favor and says that you do not have to pay the rent. The problem with doing this like the first scenario is that again you will get the landlord pissed with you and again you will get kicked out of the appartment. Yet this time it will be the judge who will be kicking you out of the unit, since after all it is being illegally rented to you.
The second one will most likely get the landlord more angry with you than in the 1st because you are not only not paying but now you have made the law aware of this person and their activites and they will very likely not be able to rent the space to anyone in the future unless they decide to go through the process so that they can legally rent it out. If this happens I would suggest moving somewhere far away so that they don't have the chance to get even with you.
When a child turns 18 do they have to be put on the rental or lease agreement?
If the lease restricts who can live in the apartment, as long as your son is listed as an occupant on the lease, he or she can continue to live in the apartment (unless the lease specifically states otherwise). If the lease does not have a restriction on occupants, your son can continue living in the apartment as well.
A lessor is someone who grants a lease of something to someone. For example, in a commercial building lease scenario, the lessor is the landlord (building owner), and the tenant will be known as the lessee.
What does a 5 day notice mean?
A 3 or 5-day notice is called a statuatory notice, which gives the tenant that much time to either pay the rent or move out. If the tenant does neither the landlord can proceed with filing for eviction.
Probably. The landlord doesn't have to give any notice if the lease has naturally expired. The expiration was the notice.
Legally can a landlord refuse me access to my deceased fathers apartment?
Absolutely. He didn't rent to you, he rented to your father. He shouldn't let anyone in until some court declares who should go in there and take everything out.
That depends on what state (or country) the property is in.
Nobody is liable for an act of nature.
Your own comprehensive auto insurance would provide coverage for damage to your vehicle from an act of nature.
What can you do if you were illegally evicted from where you were living?
File a civil suit for Breach of contract (provided there was a signed lease).
How do you get off of a multi tenant lease?
You must have the lease re-written and probably need the other tenants on the lease present as well. You can't simply walk away from it as you will still be legally bound for your portion of the monthly rent and utility expenses.
How much and how often can your rent be raised within a year?
How much and how often can a landlord raise the rent?
It depends upon which state you live in. Real Estate laws vary from state to state. But in general, in that you have no written lease, your tenancy is governed by laws applicable to that of verbal leases. Since it is very difficult to prove the terms of a verbal contract in most states a tenant is required to give a thirty day written notice to the landlord indicating their intention to vacate the premises. The landlord, on the other hand, must give the tenant a sixty day notice. If you do not agree with the terms your landlord is proposing, you can either, 1) give your landlord notice that you intend to vacate the premises in writing, or 2) wait for him to give you notice in writing. If your state or city does not have "rent control" laws, he can propose a $300.00 increase in the event of a verbal lease because no terms were previously agreed upon in writing for rent increases. The important thing to remember is, GET IT IN WRITING, TAKE YOUR TIME AND THINK ABOUT WHAT COULD GO WRONG IN A LEASE AND NEGOTIATE IT INTO YOUR WRITTEN LEASE.
What is the difference between 'for rent' and 'for lease' rent and lease?
When you rent out a property, you will need to decide if you wish to offer your tenants a lease or a rental agreement. Although these terms are often used interchangeably, they are not the same.
A lease for a rental property has a finite term, such as six months or a year, for which
a tenant will agree to rent the property. During this time period, also known as the duration of the lease, the tenant and the landlord are bound to uphold the terms of the written agreement.
Having a lease means that neither party may change any terms of the agreement until the lease expires, unless both parties agree to the change. For example, if the current amount of rent is $500 per month, you may not increase this amount until the lease expires.
Under a lease, tenants are obligated to make monthly rent payments as agreed upon, as well as follow any code of conduct or other stipulations in the lease while it's in effect. It also means that a tenant may not vacate the property without breaking their lease. In some cases, the tenant may be held liable for the remaining amount of rent due under the lease, or they may be required to find another person to fulfill their end of the lease.
A lease is generally used for landlords who prefer the stability that comes with locking in a tenant for a specified period of time. If you have a mortgage payment to meet, having this set amount of income can help you budget your expenses. Most tenants are familiar with long-term leases, and will not have a problem committing.
Rental agreements differ from leases in a number of ways. Standard rental agreements are month-to-month, and there is no set period of residence. Both the landlord and tenant are free at the end of each 30-day period to make changes to the rental agreement, subject to any rent control laws.
These changes may include a rent increase, modification of terms of the rental agreement, or a request to vacate the property. However, in most states, both landlord and tenant are required to give 30 days' notice before any changes can be made. If your state does not require a notice, you are free to change any part of the rental agreement at your discretion.
Rental agreements are useful for landlords who are having difficulty attracting new tenants, especially if they are in areas that cater to students or professionals on the move. They appreciate the freedom a month-to-month agreement provides, and landlords who offer these arrangements may have an edge over landlords who require long-term leases.
A rental agreement is typically auto-renewed without notice after each 30-day period has elapsed, as long as neither party has stated that the tenant will vacate the premises.
Before you rent out your property, you will need to take into account the differences between a lease and a rental agreement. This will allow you to make the best decision for your needs.
Leasing is when you are renting but you have a contract to rent for a certain amount of time. If you leave before this time is over, you will still be charged with that rent.
If you have a lease and can't pay rent but give notice to move can you still get evicted?
Moving out after your rent runs out is chancy; you may be evicted before you plan to move. You may also be liable for the remainder of the lease. Discuss the issue with the landlord, and you may find some help in response to your advance notice.
NO!!! they need to give you 24 hr notice before entering a home in most states.
Answer.
They can give the potential new tenant a chance to visit and observe that place only if the old tenant move out or if the landlord give proper notice to the person living in the place that there is someone who will look at their place.
Additional:
In California (and probably other places too), the landlord may only enter during
"normal business hours" which is typically interpreted as 8AM-5PM, Monday-Friday.
Can you move into an apartment without inspecting it first?
According to the National electrical code book 2008 you are not allowed to move into an apartment that has not been electrical and health inspected. Sure, but if there is no check-in sheet, you will be liable for any damage when you move out. And do you want to move into a place without inspecting it first? Who knows how bad it could be.
What does SD stand for in classifieds?
I would say it stands for secure digital, or South Dakota, but in the case of classifieds, and in the case of rental property, it probably stands for security deposit.
What is penalty for not paying rent in MA?
There's no such thing as a penalty. If a tenant fails to pay rent, the landlord can serve a Notice to Quit on the day after the rent is due. On the fifteenth day, if the tenant has not paid, the landlord can have a Summons and Complaint served by a constable, which sets up a court date about three weeks later.
If the tenant has gotten a Notice to Quit for nonpayment in the previous 12 months, he cannot cure the notice, and the landlord can have a Summons served 15 days after that second notice, regardless of whether the tenant ever paid.
If you are referring to a late fee, Massachusetts law only allows a late fee after 30 days. There is no limit on the late fee (except common sense), but it must be articulated in a written rental agreement.
Can a tenant demand security deposit when moved out owing rent and gave no notice?
If no notice is given, then the tenant owes for the next month, if the landlord tries to rent the unit and cannot. The security deposit can be applied to the arrearage - the landlord needs to write the tenant a letter so stating.
Yes, it could be attributed to "scriviner's error" and interpreted with the obvious intent to enter into at least a one-year lease. However, it would be better to get both parties to agree to the change, in writing, to avoid confusion later, especially if the lease is supposed to go beyond a year.
First, he cannot just file for a judgment. He has to be granted a judgment by the courts. And this involves a hearing, which gives you an opportunity to file a counterclaim, objection to monies owed or anything else you feel is pertinent to your situation.
Therefore, you need to attend this hearing. AND you need to pull out your lease and read what is in there in reference to late rent payments. Does it just say, if its late, you are asessed a fee? Or if you are late, you will be evicted? What does it say as this will be your reference point as this is the agreement you guys agreed to upon renting the apartment from the beginning.
Now, the next step is, if he does prevail and obtain this judgment, DO NOT BLOW THIS OFF. This is very important, because if you don't pay it, he could enforce this judgment by, depending on your states laws, garnish your wages, obtain a Writ of Execution and have your personal property sold to satisfy this judgment. This means a constable would show up at your house and enter your house, making a list of personal property that is now locked in and if you don't pay this judgment, they take this property and sell it. So, take this all very seriously.
Show up at the hearing...Give your side of the story, state any and all defenses you might have, gather all your evidence together to show as proof of your claims and if you loose, try and make payment arrangements with your ex landlord so you wont be surprised one morning when the cops show up and want to come into your home.
