More than 30 percent of Americans rented apartments and homes in 2012, and 40 percent of this number rented single-family housing, according to the National Multi Housing Council. A rental property arrangement relies on the renter and owner or property manager to work together to keep the house in working order and also allow the property to operate as a business when the lease agreement ends. The property owner must balance this business focus with the renters' right to privacy, according to the Oregon State Bar. Your landlord may have legal rights to see the rental before you move out,…
There are three potential ways for a lease to be terminated before its designated end. The first is a mutual agreement or negotiation between the landlord and tenant. If this is not possible, a lease can be terminated either by the renter breaking the lease or by the landlord evicting the tenant. Both situations have negative consequences for the tenant.
As a landlord, you have the right to enter a rental property under certain circumstances. You can visit the property to conduct repairs and maintenance. You can also request entry to show the property to prospective tenants and buyers. However, you usually can't enter the rental property just to view it. Before entering the property, you have to give your tenant proper notice
More than one million Wisconsin residents are renters. In much of the state, municipal housing officials perform inspections and enforce rental housing standards. Set by the state's Department of Trade and Consumer Protection, Wisconsin's landlord-tenant law details the rights and obligations of renters and property owners. Understanding these laws can prevent unnecessary miscommunication, unmet expectations or legal action.
Finding a suitable candidate for your rental unit is a challenging task. While you have several ways to screen a potential tenant, there are some questions you may not ask. Understanding the U.S. Department of Housing and Urban Development's Fair Housing Act of 1968 will protect you from discrimination allegations and legal hot water. Use the Fair Housing Act to create strict guidelines that ask the same questions and review the same information with each potential tenant to maintain neutrality and avoid any unintended discriminatory practices.
When it comes to painting, it’s not uncommon for a landlord or property management company to apply a fresh coat to the interior walls after a tenant moves out; however, it’s often done with the hope of making the unit more attractive to prospective residents – not because it’s required. The fact is in most states, requirements for painting are far from cut and dry. And New Jersey is no different.
Your landlord is responsible for keeping your rental unit in a livable condition, which typically means meeting the standards set out in your state's habitability laws. Most states have habitability laws in some form, whether by statute or through local health and building codes. These laws specify which repairs your landlord must make, and what action you can take if your landlord fails to carry out those repairs.
When a tenant enters into a lease, he is often required to provide a security deposit. This down payment is held by the landlord to pay for future repairs to fix damage in excess of normal wear and tear caused by the tenant. The amount left over is returned to the tenant when the lease ends. The District of Columbia, Oklahoma and Pennsylvania require landlords to keep security deposits in an escrow account. The allows the tenant to deposit money for the landlord in a way that ensures the appropriate amount is returned at the end of the lease. If…
A landlord and a tenant enter into a leasehold, which is an estate in property. The tenant holds the present possessory interest in the property, while the landlord holds a future interest in the property. After the tenant leaves the property, the landlord takes possession of the property. A lease may survive the death of a landlord, depending on the type of leasehold to which the landlord was a party. A tenancy for years, a periodic tenancy and a tenancy at will represent the three major types of leasehold estates.
Many states, including North Carolina, passed legislation giving tenants foreclosure protections and rights. Pursuant to Chapter 42 of the North Carolina General Statutes, tenants in North Carolina may be able to terminate their leases during foreclosure proceedings. The federal Protecting Tenants at Foreclosure Act may also protect tenants by allowing them to remain in their property for at least 90 days during and after foreclosure.
Your landlord likely won't discharge your obligations to a lease agreement because you have an out-of-state job offer, unless you have military obligations. However, negotiating relocation or prepayment terms with your landlord may alleviate some of the consequences that come with vacating a lease that can damage your rental history.
A prospective tenant might sign a lease and change her mind about living in the rental home. After a tenant and a landlord have signed a written lease, the terms of their agreement often determine what happens if either party needs to back out of the arrangement. Breaking the lease may affect the tenant's right to reclaim a deposit or result in other financial and legal consequences under Texas landlord-tenant laws.
When a tenant rents a home, a landlord often requires the negotiation and signature of a lease agreement. To protect himself in the event of a future dispute, a tenant should request a signed lease from the landlord before moving in. If the tenant signs a lease but the landlord does not, the lack of signature might result in legal consequences under states' landlord-tenant laws. Without a signed lease, the parties may have an oral lease or tenancy-at-will.
Either due to failure to pay rent or some other violation of a rental lease, a landlord may initiate eviction proceedings against a tenant. Evictions may be stressful and costly proceedings for both parties and can have negative consequences for an evicted tenant's rental and credit history. Fortunately for tenants, there are various options to avoid or overturn an eviction.
Written leases become effective and legally binding upon execution. Once both parties to a lease agreement -- a landlord and tenant -- sign a lease, the lease becomes duly binding absent fraud, duress or mistake. In other words, absent extenuating circumstances, a tenant has a legal obligation to comply with the lease. If you have a justifiable reason for terminating your lease before possession, you may be able to break or end your lease without further liability for remaining rent.
While it would be a simple matter if all prospective tenants only needed a place to live on the first of a given month, the real world shows that people move in any day of the month. Landlords and property managers have a clear set of guidelines for new tenants when they move in sometime mid-month. Some landlords will write leases that begin on the move-in date, with the rent due on that day each subsequent month, but most will want the rent payable on the first day of the month.
The average two-bedroom rental cost $959 a month as of 2010, according to statistics from the National Low Income Housing Coalition. Renting a house, room or apartment involves finding the house or apartment that fits your needs. While you can often locate a rental unit by working directly with the owner or landlord of the property, you may find it easier to enlist the help of a Realtor in locating a rental property. Your Realtor may ask you to sign a lease without the landlord being present, but she cannot force you to sign a legal document without your consent.
A lease is a written, legal agreement between a tenant and a property owner. The lease should clearly state the duties and obligations both parties have, including the conditions under which the lease may be deemed null and void. As a rule, losing a roommate, becoming unemployed or accepting a job in another city are not grounds for a tenant to terminate a lease. Although a tenant may request to be let out of a lease, the landlord does not have to allow early termination under Georgia law except in a few, limited circumstances.
The Michigan Truth in Renting Act covers the rights and responsibilities of landlords and tenants in the state. The act outlines the monetary responsibilities of joint tenants, lease disclosure requirements and different types of tenancy. When it comes to a lease agreement, tenants who decide to sign a joint lease are taking responsibility not only for their own actions but for the actions of their roommates as well.
A residential landlord might want to evict a tenant due to nonpayment of rent or other reasons, even if the two parties never signed a written lease. The property owner may also wish to evict a roommate or subletter whose name doesn't appear on an existing lease. Under these circumstances, the landlord may still pursue eviction if he follows the procedures set by Pennsylvania law. The landlord might like to consult with a Pennsylvania attorney who practices real estate law.
Most states have laws that guarantee that the landlord will provide safe and habitable housing to his tenants. A tenant must notify the landlord when repairs are necessary and give him time to address the problem. A landlord might ignore the request if he sees it as frivolous. The New Jersey landlord-tenant law allows tenants to withhold rent payments until the landlord makes the repairs, if the conditions affect the health and well-being of the tenants.
If you are renting out apartments or a home in California and your tenant dies, you may be anxious to get the place ready for new renters. The law prevents you from immediately going into the home and cleaning out all of the deceased’s belongings. Proper legal procedures must be followed before you can clean out the home and rent it again.
A written lease or rental agreement for a house is a legally binding document that your landlord can use in court if you do not satisfy the terms of the agreement. As a tenant, you are expected to make your rental payments as outlined by the agreement. If you fail to make your payments, direct consequences can be served that depend on the terms identified in the rental agreement. If you are unaware of what a specific term means in the agreement, talk to your landlord or have your lawyer review the agreement for you before signing it.
While prospective tenants should inspect a potential property before choosing to rent, sometimes safety hazards remain concealed or appear after the lease is signed. In most parts of the country — Arkansas and Colorado are the only exceptions — renters are fully protected by laws that guarantee the right to break a lease if the property is not safe to live in. When faced with problems that could potentially render a house or apartment uninhabitable, tenants must take steps in order to break a lease legally.
Renting a house has its perks. If an appliance dies, it’s your landlord’s responsibility, not yours. One of the downsides of renting a house, though, is that your landlord can sell it. If your landlord sells your rental, you may not be able to continue to rent the property once your lease ends. If this is the case, the new landlord is required to give you sufficient notice.
In Michigan, a landlord is required to follow the proper legal procedure to evict a tenant, regardless of the reason for eviction. The proper procedure requires the landlord to file an eviction lawsuit in court, notify the tenant of the lawsuit and allow the tenant the opportunity to defend the lawsuit at the hearing. If a landlord has evicted you without following the proper legal procedures, you may be entitled to monetary damages of up to three times your actual damages, or $200, whichever is greater.
Evicting a tenant from a rental dwelling requires a formal eviction hearing in court. At this hearing, the landlord, building owner or co-owner must prove the tenant is in violation of the lease and has no ability to bring the lease into compliance. Since a lease is a legally binding contract, only the property owner, co-owner or landlord signed to the agreement may legally enforce its terms.
Owing your landlord rent can cause an uphill legal battle. Landlords create lease agreements to ensue that they receive a certain amount from tenants each month, but occasionally, a tenant will ignore a lease agreement and walk away from the lease early. Breaching a rental lease gives landlords the right to prosecute for unpaid rent.
Eviction laws in Tennessee can vary by county, but the Tennessee Uniform Residential Landlord and Tenant Act regulates the legal relationship between a property owner and renter in multiple counties in the state. When property owners fail to follow the laws regarding evictions, the renter may sue for damages. The act applies to counties with 68,000 or more residents, according to the Tennessee Consumer Affairs Division.
If you're renting a home, there's always a chance the owner might sell it. If this occurs, the homeowner is required to give you notice of the sale in most states; this is true of rental homes and apartments. If your state doesn't require the homeowner to notify you of a pending sale, you're typically entitled to a notice of a rent increase or lease termination.
In New York City, oral leases are recognized as valid, and by operation of law, the existence of an oral lease creates a month-to-month tenancy. Oral leases for more than one year are required to be in writing. Regardless, if you have an oral lease, you can't move out without notice simply because the lease isn't in writing.
It's not unusual for landlords to require tenants to sign a lease. The average lease is generally for one year, wherein tenants are obligated to submit rent payments and fulfill the lease agreement. However, faithfully paying your rent each month doesn't mean that your landlord will automatically extend your lease for another year.
If you have an immediate interest in buying a home in Georgia, you may opt for a short-term rental until you find your dream home. However, you may already be locked into a long lease when you close on a new home. When this happens, you can take steps to break the lease, but you may not be able to do so without penalty. Breaking the lease generally allows you to avoid making rental payments when you are living in your new home.
Massachusetts recognizes at-will tenancies, usually by operation of law. This means that these types of tenancies arise automatically if not stated otherwise. Additionally, at-will tenancies can be created in Massachusetts if the lease says so. At-will tenancies are typically indefinite, unlike regular tenancies with express lease periods.
If secondhand smoke was not explicitly addressed in your lease, it's unlikely you'll be able to break the lease for this reason in Florida. Although a "warranty of habitability" is implied in every Florida lease, no Florida court has ruled that secondhand smoke intrusion provides a legal basis for breaking a lease — at least not yet.
While foreclosure can mean financial disaster for your landlord, for you as a tenant it is the uncertainty of dealing with a new property owner. Whether the property sells at auction or the bank retains it, the new owner of your home steps into your landlord’s shoes. This may mean that you can stay in your home and pay rent to someone new, or it may mean that the new property owner will ask you to leave. Federal law generally gives you the right to substantial notice after foreclosure before the request to leave your home. In some situations, you…
Renting out a room in your home in Florida or other state can provide you with additional income, but the act also carries mandatory responsibilities. There's no turning back midstream if you don't feel like performing all the state's required duties of a landlord. Evicting a tenant without a legitimate reason and a court order can cause legal headaches leading to fines and even jail time, depending on the nature of the violation.
Amending a lease agreement is legal as long as both the tenant and the landlord are aware of the changes and agree to the new terms. A landlord attempting to alter a lease agreement to avoid state landlord-tenant regulations, including laws pertaining to entering the rental property, is probably breaking the law.
A landlord-tenant relationship is not merely defined by the ability to use property in exchange for a fee. Both the landlord and tenant have a responsibility to maintain the property and keep it in good working order. Beyond those obligations, any improvements to the property need to be negotiated between the landlord and tenant. How those improvements are to be paid for will be defined by a resulting contract.
A written lease might provide peace of mind to both the landlord and tenant because both parties clearly understand their financial and legal obligations. Many rental arrangements, however, often do proceed without leases. The resulting arrangement depends on whether the occupant takes the room from the homeowner or from a tenant who previously leased the house from the owner. The occupant might have a tenancy-at-will or roommate arrangement. Each party's rights and obligations depend the state's landlord-tenant laws.
A deed in lieu of foreclosure is a document the owner of a property gives to his lender releasing his interest in the property. The result is the same as a foreclosure, except the legal action does not take four months. The property transfers to the lender as soon as the deed records. If you are a tenant in the property, you have new rights under the Protecting Tenants at Foreclosure Act enacted in 2009.
The leasing process typically starts with a written contract. In some arrangements, such as with roommates, a verbal contract may seem reasonable. But when a roommate violates a basic rental agreement, such as sharing utilities or rental fees, trouble can begin without a written contract. However, in South Carolina, the court system recognizes verbal rental contracts and enforces laws related to leasing violations.
Most tenants do not want to cause conflict between themselves and their landlord, and you may work hard to pay the rent on time and follow the rules in the lease. Occasionally, problems can arise, such as your landlord suddenly claiming you owe back rent. When this happens, you can work with your landlord directly, work with a mediator or seek legal assistance.
In California, a tenant can be evicted for violating lease terms. This includes any terms to which the tenant agreed that do not go against public policy or are not illegal. If you agreed to pay for trash removal and water, and you accrued late fees because you didn't, your landlord has the right to evict you if your refuse to pay. This is because leases are a type of contract, and there are consequences for breaching a contract.
Bed bugs have haunted humans for thousands of years. Bed bugs don't typically cause health problems, but some people have allergic reactions to their bites. Bed bugs prefer hiding in furniture, including box springs, nightstands or sofas. Treating bed bugs depends heavily on the extent of the infestation and the diligence of the landlord and tenant. In many cases, the tenant must discard furniture to eradicate the insects. A landlord's responsibility to replace furniture depends on several factors, such as state law and the ability of the tenant to prove how the infestation began, which can be difficult.
Contact local tenant associations or housing organizations to get information on your landlord's responsibility for bug infestations. Landlords are usually responsible for maintaining pest-free properties, but state laws vary. In any case, you should avoid bringing second-hand furniture and other items into your home that may harbor insects. Such actions could cause your landlord to blame you for an infestation and require you to pay for an exterminator.
Renting out a room of your home carries all the legal requirements of a landlord managing a large property, including property maintenance and respect for tenant privacy. You should carefully weigh the legal requirements of renting space in your home to avoid potential hangups that could land you in civil court for failing to live up to your obligations as a landlord.
Getting married means many changes in your life, but those changes shouldn't extend to your rental agreement. Typically, your landlord cannot raise your rent just because you got married, but he may have the right to raise your rent in other circumstances, such as during a lease renewal. If your landlord tries to raise your rent illegally, you can seek help.
A landlord is not limited to evicting a tenant for not paying rent. Several other eviction causes, such as breach of contract, exist for removing a problematic tenant from your home. A tenant breaches his lease contract by violating one or more lease clauses, such as ignoring quiet hours, adding pets to a pet-free home and/or allowing unauthorized guests to stay beyond a lease-specified length of time.
Hardship rules apply to renters who are unable to pay their rent. Although Minnesota state law provides little protection to renters who cannot pay their rent in a timely manner, there are several laws in place dictating procedure in the event of late payments, raised rents, property abandonment and lease breakage.
Each state has its own law dictating the rights of landlords and tenants in residential real estate rentals. This law defines the rules that landlords must follow in giving notice to and evicting tenants who are under a current lease. When a landlord sells the property, she must follow the state law in handling tenants.
If you live in a rental unit and your landlord begins to refuse to take your rental payments, you may be worried that you will be evicted for nonpayment of rent. In some cases, this is a strategy that unscrupulous landlords use to get rid of tenants that they can't otherwise evict. Knowing your rights and responsibilities in this situation will protect you from unlawful eviction.
One of the drawbacks to renting a house is that, as a tenant, you do not control whether your landlord makes the mortgage payments for the property. If your landlord fails to pay the mortgage, your property can be foreclosed on. However, the law prevents you from losing your home without notice.
There are many reasons that a landlord can give to break a lease legally, but wanting to move in often isn't one of them. Landlord and tenant law is mandated by individual states, which have different rules for what the landlord is allowed to do to a tenant. Landlords in most states have to wait out a tenant's lease before moving in.
When you rent an apartment or home, you assume that the rent you pay each month is being used to pay the mortgage owed on the property. Sometimes, however, that is not the case and the property ends up in foreclosure. If you are renting a property that is in the process of foreclosure, you are still obligated to adhere to the terms of your lease agreement, including giving your landlord notice of your intention to move.
If you wish to break a lease you just signed yesterday, your right to do so without penalty depends on a number of factors. Unless the landlord was at fault, it is unlikely that you will be able to completely escape liability. It is equally unlikely, however, that you will become liable to pay rent for the entire remaining term of the lease.
The Tennessee Landlord and Tenant Act governs the relationship between property owners and residential renters. Both the renter and property owner have responsibilities under the act to maintain the property and abide by Tennessee laws. In addition to rules and responsibilities, the Tennessee Landlord and Tennessee Act provide remedies for both parties when a relationship breaks down.
Each state requires landlords to follow an eviction process to remove tenants from a residential property. The requirements for the landlord include providing tenants with a notice to correct an issue or vacate the property before filing for an eviction. Property owners can end a month-to-month or weekly tenancy with a termination notice to vacate the property. When tenants fail to vacate the property, the landlord can file an eviction with the courts.
Depending on the lease terms, your family member's death may or may not have ended the lease. Whether you can takeover a deceased family member's lease depends on several factors. One major factor includes the lease itself, as this is what governed the relationship between your relative and her landlord. Another is the landlord's willingness to allow you to do so.
Buying a rental house or apartment building can result in the need to raise the rents to market rates. If you purchased the property with the knowledge that the rent is low, you may be eager to increase the rates in order to realize more profit or just to break even. However, you must understand the law about lease agreements and when you can and cannot increase rents on a lease transfer.
One of the biggest nightmares of just about any renter is living next to a noisy neighbor who constantly disturbs dinner and family time. Although noise might not seem as dangerous as say, a flooding apartment, noise can cause stress so it is often sound legal reason to break an apartment lease. However, a tenant cannot up and leave an apartment due to noise unless he has attempted to remedy the problem.
In real estate law, a lease or rental agreement is said to “run with the property.” This means it is a valid agreement regardless of who the landlord is, or even if the property is sold. When a buyer purchases a property, he buys it with all the encumbrances and obligations that exist on the property, including any property leases. It is the landlord or owners duty to inform the new buyer that there is an existing lease or rental agreement on the property.
Mortgage default is a messy situation for the lender, delinquent borrower and tenants that get caught in the middle. Foreclosure is the legal process that allows a lender to deny a delinquent borrower his ownership interest in real property. In the years following the housing crisis that began in 2007, millions of tenants had their basic rights as renters violated. Renters can better prepare for the future by understanding their legal rights when their landlord stops paying the mortgage.
The housing crisis and recession that began in 2007 catapulted the housing market into its worst foreclosure crisis. While government measures to keep distressed borrowers in their homes are successful on some fronts, 250,000 new families enter foreclosure every three months in 2011, according to the Mortgage Bankers Association. Once the reality of foreclosure sets in and the home is sold at auction or repossessed by the lender, occupants generally must vacate the premises.
Since the housing crisis and recession began in 2007, millions of homeowners and renters have found their homes threatened. A worst-case scenario, foreclosure is the legal repossession of a home due to non-payment of a real estate-related lien. A homeowner's failure to pay his mortgage can set in motion various actions that affect tenants, such as a re-assignment of the rent, the short sale process or foreclosure if the default persists.
When you lease a home, your landlord may require you to pay a security deposit prior to moving in. Your lease agreement might allow you to use part of your security deposit as your last month’s rent. If your lease does not address the issue, your landlord may let you use the security deposit as rent. Without your landlord’s consent, you do not have the right to use your security deposit as rent.
The housing crisis that began in 2007 has affected renters as well as homeowners. Foreclosure is the legal process by which collectors, such as mortgage lenders, deprive delinquent borrowers of ownership in real property. Tenants may receive letters from their landlord's lender, notifying them of an upcoming foreclosure sale. They may also be required to send rent payments to the lender directly. Federal law protects tenants from eviction if their landlord fails to pay the mortgage.
Under Massachusetts law, a tenant at will must give her landlord 30 days’ notice before moving out of a rental property, and a landlord must give his tenant at will the same amount of notice before asking her to leave. However, foreclosure changes the rules. When a tenant at will is evicted as a result of a foreclosure, federal law states that she is entitled to 90 days’ notice.
Housing codes vary from state to state, so there's no clear cut answer concerning whether tenants or landlords have to pay to rid a home or apartment of bed bugs. One misconception is that bed bugs arise from uncleanliness, but they can infest the cleanest homes. The number of homes or apartments they've infested may determine who has to pay to exterminate them.
Your home is your sanctuary, and you have the right to feel safe within its walls. The U.S. Department of Justice notes that criminals committed over 3 million burglaries in 2009 alone. If repeated break-ins in your apartment complex leave you fearing for your safety, you may have legal grounds to terminate your apartment lease and find safer housing elsewhere.
According to the Attorney General's "Guide to Landlord/Tenant Rights" produced by the Commonwealth of Massachusetts, tenants in Massachusetts have the right to habitable living conditions. This means that any apartment or home rented must be both safe and sanitary. If any of these conditions are identified and not rectified immediately, the tenant has the right to break the lease without any further obligation to pay rent to the landlord.
When you need a place to stay and can't afford anything fancy, an apartment's price might seem like the only factor worth considering. After staying in a place with life threatening conditions, however, price begins to diminish in importance, and you begin to wonder whether it's even legal for a landlord to rent out a place with such hazardous conditions.
Subletting an apartment involves finding a tenant to live in and pay rent on your apartment but your name remains on the lease. Because your name is still on the lease, you are still liable for the apartment. Not all apartments allow subletting. In fact, the policy can vary by community.
Leases are legally binding contracts between landlord and tenant. They should be read thoroughly from beginning to end. Any questions that the tenant has regarding any stipulation on the lease should be answered before either party signs it. There are very specific instances where a landlord can void a lease. Conversely, the tenant may also break the lease if certain conditions are met.
In 1997, the Missouri Legislature passed new housing laws providing tenants with further rights against landlords who engage in illegal rental practices. The 1997 legislation also provided landlords with further rights against their tenants who fail to comply with their lease obligations. The Missouri Landlord and Tenant Act allows tenants to break their leases or unilaterally terminate their existing lease agreements when their landlords fail to comply with their duties established by Chapter 441 of the Missouri Revised Statutes.
The Delaware Landlord Tenant Code is a set of state laws regulating rentals in the state. Enforcement of the code's provisions is administered by the Consumer Protection Unit of the Delaware Attorney General's Office. Part of the code regulates how rental agreements, also known as leases, will work, as 60 days notice usually must be provided to break a lease. The tenant is also afforded certain rights regarding terminating a rental agreement.
Renters are expected to pay the rent on time each month, take care of the property they lease and let the landlord know if maintenance is needed. In return, landlords are expected to keep the property in proper repair. Each state sets its own laws regarding a tenant's right to withhold rent until repairs are complete, but the majority of states allow it if the landlord refuses to maintain the property in a safe habitable condition.
Seattle tenants can end their leases when they expire. In limited circumstances, they can end their leases before their leases expire if they have good cause. Tenants who break their leases without good cause may be liable for any remaining rent, may forfeit their security deposits and may have to pay reasonable attorneys' fees and damages. However, landlords are required to attempt to mitigate their damages by finding replacement tenants.
Title 38, Article 12 of the Colorado Statutes codifies the responsibilities and duties between Colorado landlords and their tenants. In 2008, the Colorado Legislature adopted the Warranty of Habitability Act. As such, as established by the Colorado Statutes, tenants cannot prematurely end their leases or "break" their leases unless their landlords fail to provide habitable living conditions as required by the act. However, military service members can unilaterally terminate their leases in limited circumstances.
As a Georgia tenant, your rights concerning rental payments will vary based on the circumstances surrounding your landlord-tenant relationship. They will also vary based on how diligently you protect your rights in instances where your landlord may be seeking the court's help to evict you.
Due to financial circumstances, you may request apartment housing help through state and federal agencies. The application for public housing allows you the chance to find a place for rent with a landlord engaged in subsidized housing. Yet your application may be denied for several reasons, such as a criminal record, illegal drug use or past disturbances with neighbors. You can file an appeal regarding the decision if you believe the denial decision does not apply to you, or the family member with the record no longer lives with you.
Cosigning a lease for a close friend or loved one can help this individual secure a place to live. However, cosigning a lease is a great responsibility, and agreeing to this arrangement without fully understanding the consequences can be financially devastating. Educate yourself on the duties of cosigning and decide if this is the right decision for you.
Equity Residential is a publicly traded company offering residential and corporate leases in various regions in the country. Residential lease holders are automatically enrolled in Rent with Equity, a rent-to-own program specific to Equity Residential. The longer you rent, the more credits you get --as high as 3 percent in some cases -- toward buying or building your own home. There are several options available to you if you need to move before the lease is up.
In Florida, tenants with verbal leases have all the same rights as tenants with written leases, with a few minor exceptions. Landlords have specific responsibilities, as prescribed by Florida law, that they must fulfill, regardless as to whether a lease is written or verbal. Although tenants are typically in a better position to demand specific things addressed in a written lease, they still have rights under a verbal lease that a landlord must recognize.
Equity apartments are the apartment complexes managed by Equity Residential. The apartments are in Arizona, California, Colorado, Florida, Georgia, Connecticut, Maryland, Massachusetts, New Mexico, New Jersey, New York, Rhode Island, Oregon, Virginia, Washington state and Washington, D.C. Equity Residential offers flexible living options, with the same rules and guidelines at each apartment complex. This includes rules about breaking the lease.
Assignees, or parties who take over part of a lease, generally have the right to further assign their remaining portion of the lease to another party. However, this process, known as "reassignment," may depend heavily on the terms of the original lease and the landlord's consent. Those with questions about reassigning a specific lease must seek professional advice.
Georgia tenants who don't pay their rent or otherwise break their lease are in danger of being served with eviction papers. Eviction is a legal process in which a landlord asks a court to order a tenant to leave the premises. This process has negative effects on the tenant's credit, especially his ability to rent a new apartment. If a tenant files for bankruptcy, both federal and Georgia laws govern whether the landlord can evict the tenant.
When you sign a lease to rent a house, apartment or a condo in New York, you're entering into a legal agreement with the property owner -- an agreement that the property owner may not be willing to break early. If you find yourself in the position where you need to break your lease early, you are essentially at the mercy of the property owner. Without his explicit permission, you could lose your security deposit and be held liable for unpaid rent for the remaining term of your lease.
Rent control, or rent stabilization as it is often called, is a contentious issue in cities that have it and even more contentious in cities that don’t. Los Angeles instituted a rent stabilization policy in 1978, however not all greater Los Angeles area residents benefit. Within what most people think of as LA lie several independent, incorporated cities with their own laws and governments. Hawthorne is one of those cities.
Renters caught in the midst of a foreclosure gained new rights in 2009 with legislation aimed at protecting them. You are no longer in immediate danger of losing your home if your landlord goes into foreclosure. However, you also have responsibilities to maintain, especially if you have signed a lease.
When a person rents an apartment, the landlord will generally require that he sign the lease. Sometimes if the person does not have a sufficient amount of income, the landlord will require that the person take on a cosigner, a person who will cosign the lease and take responsibility for its payment. Two people renting an apartment can use the same cosigner only if the landlord allows it.
Habitable is an important description of rental apartments. Even though each state has laws and regulations about rental housing, all states require that rental units are fit to live in. For example, rental apartments are required to have functioning toilets, as well as plumbing, electrical, and heating systems. The apartment must not endanger the tenant’s safety or health. A landlord may pay for the tenant’s motel during construction depending on the circumstances.
A lease is a legally binding contract, and before you sign one you should be sure you agree with all its terms. However, life does throw up unexpected circumstances at times, and you may find that once you have signed a lease you cannot move into the residence. You may have few options to rectify the situation, unless you have a cooperative landlord.
Breaking a lease in Ohio without consequence is not an easy feat -- regardless of the tenant's circumstances or reason for wanting to prematurely end the lease. Because a physical or mental disability is not considered a legal reason to break a lease under Ohio state law, you will be at the mercy of your landlord when requesting an early release from your rental obligations. Without consent from your landlord, you could be held liable for rent throughout the term of your lease. You could also lose your entire security deposit.
An Alabama lender holds a property via a deed of trust until the buyer pays the mortgage in full. The deed of trust has a “power-of-sale clause” permitting the lender to sell the property if the purchaser is delinquent on payments. This allows a non-judicial foreclosure procedure after legal notice, then an auction on the courthouse steps, without the necessity of a lawsuit. A judicial foreclosure is also available in Alabama, involving a court process. Since 2009, federal law protects a leaseholder or renter from immediate eviction in either the fast non-judicial foreclosure or the slower judicial foreclosure.
A landlord needs to keep on top of when tenants are leaving in order to minimize the amount of time that the apartment sits vacant. Though a tenant may break a lease and leave earlier than originally intended, the landlord must make a good faith effort to replace the tenant before charging for rent. The amount of notice required to leave a property can vary.
The relationship between landlord and tenant is sometimes a tenuous one. Although the lease does, in most cases, clearly state both parties' rights and responsibilities, misunderstandings still occur. A common point of contention is whether the tenant must pay the last month's rent, particularly when the landlord holds the tenant's security deposit.
A tenant and landlord likely have similar concerns about their rights in a rental agreement. Both of them might want to know whether the landlord can increase the property rent, and if so, by how much. They should also both understand the consequences of past-due rent and their rights in eviction proceedings. Tennessee sets its own landlord-tenant laws to determine the rights and obligations of the parties involved in a property rental.
Tenants retain a majority of rights when a landlord enters bankruptcy or the bank forecloses on the rental property. Having a signed lease agreement provides the strongest protection for tenants against legal actions by new owners, including a financial institution or private buyer. Any prospective buyer must take these agreements into account when purchasing the property.
When you sign a rental agreement, you're bound by the terms and conditions of the contract. Even if you change your mind before you move into the rental property, the contract will list the fees and penalties for breaking the lease agreement. You should read any contract before you sign it to understand what you are agreeing to.