Every landlord, property manager, and tenant should know the laws governing rental situations. Unfortunately, despite how common landlord-tenant interactions are in today’s economy, many people know very little about the laws that govern them. You can avoid costly errors and lawsuits by learning the basics of applicable state Landlord and Tenant Law.
Duties According to Landlord and Tenant Law
A- Duties of the Landlord
As a landlord, you are responsible for maintaining your property and keeping it in a safe and sanitary condition for your tenants. You must also provide essential services such as heat, electricity, and water. If you fail to do so, your tenants have several legal remedies.
If the power goes out in your building, you must restore it quickly. Your tenant may be able to withhold rent until the problem is fixed, or they may be able to sue you for damages.
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If there’s an issue with the plumbing system in your building, you may need to pay all or part of the cost of repairs or replacements if the problem has inconvenienced your tenant. You may also be required to pay for any damage caused by plumbing issues if they were caused by negligence on your part or negligence on behalf of someone working under your direction (such as an independent contractor).
B- Duties of the Tenant
Tenants are legally obligated to pay their rent on time, keep their property clean and in good condition, and follow any rules or regulations set out by the landlord. Tenants also have a right to privacy in their rental units.
If you rent an apartment or house, you must pay your rent on time every month. You can deduct expenses such as utilities, property taxes, and insurance from your rent payment. You should ask your landlord about this before moving in.
You have a right to privacy in your home. This means it is illegal for landlords or other people who have access to your apartment (such as maintenance workers) to enter without giving you advance notice first. They may enter anytime if there is an emergency like flooding or fire damage but only then!
Security Deposit Rules
Landlords may collect a security deposit from tenants. They cannot collect more than one month’s rent, however, and there are specific rules that landlords must follow when collecting and storing security deposits.
Landlords must provide the tenant with an itemized list of any damages or defects in the rental unit. This list should include estimates of the cost of repairs and replacements.
Suppose a landlord has improved a rental unit during a tenant’s occupancy. In that case, they must provide an itemized list of those improvements with their request for reimbursement of any costs incurred in making those improvements.
The tenant is entitled to receive all or part of their security deposit within 30 days after they vacate the premises. If a landlord does not return all or part of the security deposit within 30 days, they can be held liable for twice the amount owed, plus court costs and attorney fees.
Termination of the Lease
If you want to terminate your lease early, you’ll need to follow the correct procedure, or you may be liable for fees.
The lease agreement is a legally binding contract between you and your landlord. It states the terms of your rental agreement and how long it lasts. It also outlines what happens if either party breaches the contract or breaks its terms. If you want to end your lease early, there are two ways:
By mutual consent – if both parties agree that they do not wish to continue renting the property any longer;
OR
By terminating the lease early due to a breach of contract by the landlord. If they have failed to fulfill their obligations under their contract with you (if they’ve failed to fix repairs in a reasonable amount of time).
Suppose one party chooses to terminate their lease early because the other has breached their terms. In that case, they will be responsible for all costs associated with ending it immediately (such as moving out). However, if both parties agree on ending it early, then there will be no additional costs incurred by either side.
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Eviction and Unlawful Detainer Proceedings
Eviction is the process of removing a tenant from a rental unit. The landlord or owner must follow specific procedures to evict the tenant. If these procedures are not followed, the landlord may face legal action by the tenant. The landlord can only evict a tenant for certain reasons:
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- If the tenant fails to pay rent or has violated one of the lease terms (such as keeping pets).
- If they have abandoned the property (meaning they have left without notice).
- If they have violated their lease agreement (such as having too many people living in the property).
The landlord must give advance notice that they plan to evict you before doing so; this is called “unlawful detainer proceedings.” Eviction proceedings can take a long time, so it’s important for tenants who are about to be evicted to get legal help immediately if necessary.
How to Put Fees in a Lease or Rental Agreement
You must know how to put fees in a lease or rental agreement if you’re a landlord. You can’t just add them arbitrarily—you must follow the law and ensure all your tenants are on the same page. Here’s what you need to know
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- When you put fees in an agreement, make sure they’re clearly stated so there are no misunderstandings between the tenant and landlord.
- Make sure your state or local government approves them.
- Make sure they apply only to that specific property—you don’t want something like this affecting other properties you own or manage.
FAQs
Can my landlord enter my rental unit without permission?
Landlords can only enter a rental unit with one of four written reasons. These include when they have given enough notice to enter, show the rental unit to someone who wants to purchase or repair it, and when there is an emergency. Landlords can also enter your home with or without notice if you permit them.
In what circumstances can my rent be increased?
The rent can be increased under state law, with some exceptions. The landlord may increase the rent if the increase is consistent with local housing ordinances, which may limit the rent increase or require the landlord to give notice before the increase takes effect.
Am I responsible for repairing damages in the rental unit, such as a broken window?
Landlords are responsible for most repairs on their rental property, but sometimes you may need to make repairs. For example, you’re responsible if the window in your rental unit breaks.
Conclusion
When it comes to renting and leasing property in your area, there are many Landlord and Tenant laws that you must be aware of in regard to landlord and tenant rights. You should read over all of these new laws before signing a lease to understand what is expected of you as a renter.
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