About the Landlord Tenants Act
Problems arising from rental disputes can be time consuming, stressful, and expensive. Sadly, too, more often than not, neither party wants to admit blame and take responsibility for these issues. The Landlord and Tenant acts were created to help avoid situations like these, and to provide compensation for those involved.
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Significance
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The Landlord and Tenant acts help set standards for landlords, mostly in regard to nondiscrimination, illegal rent increases, and the overall safety and condition of the property. The Landlord and Tenant acts also protect the tenant in the case of an unfair landlord who may withhold a deposit unjustly. In addition, the acts provide guidelines for the renters to adhere to, such as the cleanliness of the building, the responsibilities of utility payment, and general respect of the property owner's wishes, such as no smoking inside the property or no pets allowed on the premises.
Types
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There are specific rules and regulations for those who are renting mobile or manufactured homes. The Manufactured/Mobile Home Landlord and Tenant Acts address issues such as park rules, visitor parking, and lot boundaries. The agreement must also state the future of the mobile park, saying it will remain a mobile home park for a certain number of years as agreed by the state and must contain zoning information pertaining to the intention and legitimacy of the mobile home park.
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Specifications
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There are some specifications to look for or possibly request. These steps help with the beneficial return of a deposit and help avoid further legal trouble. The first step is to do a complete walk-through with the lessor, the person who owns or manages the property. Make a written note of any problems found, such as existing damage to drywall or wood. Also, write down any promises made by the lessor. These comments and notes will be compiled into what is called a move-in sheet that details the condition of the property and any verbal agreements made between the lessor and the lessee, the person intending to rent the property. For legal verification, both parties sign the document, have it notarized, and include it with the rental agreement. Take pictures of the property before and after residency has expired.
Also, understand the terms used within the agreement and watch out for phrases like "Waives rights under Landlord and Tenant Acts" as these statements are illegal. Be wary of certain clauses about limitations of landlord responsibilities toward damages and injuries, as these too are illegal.
Landlord Obligations
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Landlord and Tenant acts vary from city to city and state to state, but are generally the same in what's expected. It is a violation of the Landlord and Tenant acts for the landlord to knowingly rent a condemned building. If the building is known to be condemned, the tenant has the right to move out, terminating the rental contract with prior written notification, and to seek arbitrary damages. Written notification must be provided to the landlord by the tenant stating the reason for the move. If a tenant moves without prior notification, he is breaking the stipulations in the lease and may be subject to penalty fees, regardless of the landlord's obvious disregard. The landlord is also responsible for maintenance and repair of structural elements of the building, maintenance of appliances included with the rental, and to provide adequate locks for protection.
Tenant Obligations
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A tenant is bound to similar rules within the Landlord and Tenant acts. His responsibilities are to pay rent in a timely fashion (the landlord does have the right to charge a late fee), keep the premises clean and safe, remove garbage and debris, and return the property to its condition when originally rented. If the tenant fails to comply with the rental agreement, the landlord can evict the tenant, retain all or some of the deposit to pay for damages or seek legal actions against the tenant.
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