Landlord Tenant Laws at the state and federal levels are established to protect both parties of the landlord tenant relationship.
Knowledge of and compliance with federal, state, and local regulations is crucial for both landlords and tenants. Rental property owners want to run a profitable business and protect their investment. Tenants want to live peacefully in a rental home and protect their personal rights.
As a landlord, understanding your rights and legal obligations will help you protect yourself, your rental business and your investment property.
Federal Landlord-Tenant Laws
The major federal laws that affect all landlords and property managers are the Fair Housing Act and the Fair Credit Reporting Act.
The Fair Housing Act prohibits housing discrimination due to race, color, national origin, religion, sex familial status or disability. The Fair Housing Act extends beyond leasing to include advertising, preventing landlords from marketing their properties to certain groups of people.
The Fair Credit Reporting Act dictates the ways in which a landlord may use a tenant’s credit history for screening purposes. Under this act, a landlord must get an applicant’s permission to run a credit report, provide information on the credit reporting agency used, and inform the applicant if the information contained on the credit report was the basis for denial or adverse action.
State Laws About Rental Units
States laws regarding rental properties and tenant rights typically concern practical matters.
These include things like the rights and responsibilities of tenants and landlords, what terms and conditions can be set as part of a lease, lease termination guidelines, and how evictions must be handled.
State laws can also dictate restrictions on the security deposit. They can specify how much a landlord can charge for security deposits, how those funds can legally be handled, and how property managers must use trust accounts for rental income.
Learn more: State Rental Laws – Resource Guides by State
- California Landlord-Tenant Laws
- Georgia Landlord-Tenant Laws
- Oregon Landlord-Tenant Laws
- Texas Landlord-Tenant Laws
- Washington Landlord-Tenant Laws
Learn more: Landlord-Tenant Laws: Do You Know Your Rental IQ?
A Landlord’s Legal Responsibility
It is very important to become familiar with city and state landlord tenant laws specific to the location of your rental unit. Ignorance of the laws is no excuse and you can be sued for not obeying state laws, even if you were unaware of their existence.
Nolo provides a great starting point when conducting your own research on state landlord tenant laws.
The U.S. Department of Housing and Urban Development (HUD) is responsible for regulations covering discrimination and other federal issues affecting your tenants. You can also check with your state real estate board or join a local professional agency for property managers or landlords who should be able to provide guidance on state regulations.
Important Landlord-Tenant Laws
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Laws about Discrimination
Whether you are advertising your property, screening new tenants or setting apartment rules, make sure that you are in compliance with Fair Housing laws and that all actions or policies apply to everyone (with supporting documentation), and cannot be construed as affecting some people but not others.
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Legal Lease Document
Providing a lease agreement and any other legal paperwork is all part of a landlord’s duties. It is a landlord’s responsibility to ensure the written rental agreement is legal and abides by all laws. Leasing periods, monthly rental rates and tenant names must be clearly indicated.
In some jurisdictions, legal disclosures, such as security deposit details, must be included. The lease should also contain all appropriate clauses, such as advising tenants to purchase renters’ insurance.
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Laws about Required Disclosures
Many states require landlords to inform tenants of important state landlord tenant laws, individual landlord policies, or facts about the rental, either in the lease agreement or in another writing—typically before the tenant moves in. Federal law requires landlords to disclose lead-based paint hazards to tenants.
Every state has different requirements, but common disclosures that may need to be part of your lease agreement could include – notice of mold, notice of sex offenders, recent deaths, lead-based paint disclosure, meth contamination or other potential health or safety hazards.
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Laws About Providing a Safe Environment
Landlords are required to make sure the rental unit is in a safe, habitable condition. The property must not have any serious deficiencies, and any supplied appliances, fixtures, plumbing and heating must be in good working order. The property must be free of insects and pests.
Landlords are generally responsible for getting infestations under control, even if they occur after tenants have moved in, although in most states landlords can avoid this by specifying in the rental agreement that pest control is the renter’s responsibility.
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Laws About Making Repairs
Tenants have the responsibility of reporting any repairs that need to be done, as outlined in the lease agreement. Landlords’ responsibilities include responding to these reports and completing repairs in a timely manner. Both parties can easily complete these tasks in a property management software that offers a tenant portal and maintenance tracking.
A tenant may be within their rights to withhold rent money if a landlord fails to make a repair that affects the health or safety of a tenant, like a broken heating unit in freezing temperatures.
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Laws About Security Deposits
It is common for a lease agreement to require a tenant to pay a security deposit to cover damage caused by the tenant or if a tenant does not pay rent. A landlord can only keep security deposit funds that are used to cover default rent payments or fixing property damage.
A landlord must provide the tenant with an itemized list of deductions and must pay the balance of the deposit back to the tenant. The failure of a landlord to provide an itemized statement or the failure to return the unused portion of the security deposit can result in a legal issue where the landlord ends up owning more than the kept security deposit funds.
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Laws About Tenant Rights to Privacy
Most landlord tenant law protects a tenant’s right to quiet enjoyment. — meaning they have the benefit of living in a home without being disturbed. Once a tenant has possession of a property, the landlord may not interfere with this right. It’s, therefore, the landlord’s responsibility to ensure he or she does not enter the rental unit without proper notice (usually 24 – 48 hours, except in emergencies). When a landlord enters the rental property, it must be at a reasonable time of day and for a valid reason.
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Laws About Abandoned Tenant Property :
When a tenant leaves items behind after vacating the property, the landlord must treat it as abandoned property. The landlord must notify the tenant of how to claim the property, the cost for storage, where to claim the property, and how long the tenant has to claim the items.
If the property remains unclaimed and it is worth more than a certain amount, the landlord may sell the property at a public sale. If the property is worth less than the state-specified amount, the landlord may either keep the property or throw it away.
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Laws About Known Criminal Activity
If a landlord becomes aware of any criminal activity taking place in one of their rental units, they must report it to authorities. Illegal tenant activity could involve drug use or distribution or much worse.
A landlord is typically responsible for protecting the neighborhood of the rental property from the criminal acts of his tenants and could be held liable or face a variety of legal punishments if illegal activities occur at the property.
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Laws About Safety Features
It is your duty to protect your tenants, to a point. In some jurisdictions, landlords must provide specific safety measures. These may include fire and carbon monoxide detectors, fire extinguishers, front door peepholes, deadbolt locks on exterior doors and window locks.
And a bonus law:
Laws About Evictions
An eviction is a legal action by a landlord to remove a tenant from a rental property. Every state has an eviction-related landlord tenant law that will regulate the process. A landlord can evict a tenant for the nonpayment of rent, for the failure to vacate the premises after a lease agreement has expired, for a violation of a provision in the rental contract, or if the tenant causes damage to the property and it results in a substantial decrease in the value of the property.
Before throwing out a tenant, a landlord must go through the legal eviction process. Every state has different guidelines, but most require giving the tenant a termination notice before filing an eviction lawsuit. If the landlord attempts to remove the tenant without a court order, the tenant may recover damages for the landlord’s actions.
Final Thoughts
Landlord tenant law is always changing and varies by location. It is always a good idea to re-evaluate your rental business’s policies and seek legal counsel from someone familiar with landlord tenant law in your state in order to proactively address these potential issues before it is too late.
This article was originally published in February 2019 and has since been updated.
what are the laws in a travel park having 613 sites on having a minimal number of security guards we have no security guards at nite there are drug dealers in this park and they come in at nite and steal from us the owner wont hirer any security guards and we have just a very few cameras we are in holiday fl and in an area where there is a lot of drug activity please respond we need help even the owners have failed there own drug test in the past we need guards the owners entire family is drug riden. this has to stay between us
That sounds like an unfortunate housing situation. While I can’t offer you legal advice for your particular situation, I would recommend contacting your local housing authority to report your landlords and talk to them about next steps. If you feel like you or your property is in danger contact the police.
I would like to no how much rent a tenant pays for five days.
Hi Maros, there are at least three different formulas a landlord can use to calculate prorated rent. They can either take the average number of days a month (30.42), the exact days in the month, or the general number of days (30) for their calculation. From there they would divide the full rent amount by one of these numbers and then multiply it with the number of days the property is occupied, in your case, five. If it is not stated in your lease or rental agreement the calculation formula, you will need to reach out to your landlord or property manager to ask what method they use.
Hey I miss that mine in Arizona and I got a house about you after being homeless for like two and a half years I’ve been feeling intimidated I’m overwhelmed and I’m scared my property management has already tried to evict me once and it cost me $1,400 they’re like told me I could pay my rent online to a portal told me to download it and make sure I had it there I could get in it they knew I was on section 8 and I only had to pay $125 a month and I kept trying to get in and they kept asking them to reset it and let me in and they didn’t in October I finally they were evicting me and I kept asking about the portal and none of the numbers matched are all this papers that are at this portal but I can’t get in it and I’m overwhelmed that I’m scared and they’re trying to evict me again and I don’t know what to do I don’t want to talk to them I’m scared homie isn’t helping me my clinic is acting all crazy I just don’t know what to do I just want to keep my home and I can’t afford it but I can’t take it in person to where it’s at I was supposed to be able to pay it online and they lied and I don’t know what to do I’m sorry I said so much I’m just so scared and overwhelmed that I shut down I keep being struggling mentally and physically because of what they’re doing to me and I don’t know how to call them and just ask them I’m late for my check even get here I’m being charged for preach at least but I don’t even get my check until the 3rd and he knew that when they rented to me
What about this are tenet moved his girlfriend in she got a stay away order she is not on the lease and has never payed rent she will not leave what can I do to have her move out because are tenet can’t go to the house rent is due. What should and what can we do she says she is staying
What state is this happening? Every state has diff landlord tenant handbook and diff rights & responsibility in said handbook. If she’s got no lease, has never paid rent for living in your rental unit and doesn’t get mail at that address, and there’s been not even a verbal agreement between you&her to me it sounds like she is an illegal tenant/ squatter and has no right to leave. BUT I think you’ll still be required to follow the legal evictions process to get her out! Keep track of the dates she resided in the unit&how much utilities she’s used because I think( but I’m not sure about your state) you can sue her in a civil court. In saying this I should’ve asked why aren’t you collecting the rent due from the tenant who is on the lease? Just because the woman had a “stay away order” placed on the legal tenant that does not excuse him from his responsibilities as the tenant- he still has to pay t h e rent! He could sue her in civil court for her share of the rent and I think you can sue her for utilities and possibly any other unforeseen monetary damages. My suggestions are to serve her in person AND with certified mail with signature requested a 5 to 10 DAY NOTICE TO VACATE PREMISES. You don’t have to give a reason but I suggest on the 5-10 day notice you do add “vacate the premises because she is not on the lease and is an illegal tenant”. While you’re waiting for the 5-10 day to end I would also fill out the necessary papers for the next step in eviction which is to take her to court to have a judge decide in your favor. Sadly that takes anywhere from 30 to 60 days depending on how busy your court system is! But when you do go before the judge if you’re lucky he might award you the back rent for time she resided in the unit illegaly. If you’re awarded a judgement for back rent it’l give you the option to garnish any wages she will earn . T h e most important judgement will be the eviction of the tenant residing in your rental unit illegaly. Evicting any tenant is a detailed many step process that can take months. Here is another option a much easier one. Have her sign on the lease with her ex boyfriend ! Just a thought! Maybe it’ll be less stressful. I feel badly for t h e boy friend! That woman needs to be removed immediately
Now everything I’ve said in my comment is from personal experience with slum lords here in Hawaii. I don’t know what state you’re in. I highly recommend you down load your state LANDLORD TENANT HANDBOOK and read up on what defines illegal tenancy AND EVICTION of a legal and illegal tenant. You can not lock het out, you can not cut off any of utilities and whatever you do, don’t leave any notes other than the 5-10 day vacate premises notice. If you commit ille g al acts of eviction you might have to pay your states current fines to the”tenant”!my ex landlord committed so many illegal acts such as leaving threatening note nailed to the door he would constantly turn off electric from the fuse box and then put a padlock on the buildings fuse box, all because we wouldn’t pay rent early or if we refused to pay rent we’d already paid. Anyway please read your states landlord tenant handbook because it’ll really help you deal with this problem tenant in your states legal way ! Sorry I was so long winded. I’m not a lawyer or expert but I thought sharing my experiences might help you!
Yes how do we know if the Manger paying our rent to the owner of the property and to in sure that the rent money is going to the owner when You never met the owner of that property were you are rent espially when 18 of the tenants out of 26 have a voucher and live the same property where you live .
Can I shut the power off girlfriend stayed not in lease not paying rent ? Power is in are name we are the landlords?
I can’t offer legal advice but believe it is unlawful to cut off utilities. I would suggest you contact your legal advisor to find out your options to remove the occupant.
What if you landlord moves in occupied rental house under false pretenses. And almost a year layer you find out they were court ordered from their own home do to spousal beating. Also we have lived in home going on 9 years w 8 of those years w know lease renewal?
What if you rent and have no electricity ran to your rv and using an extension cord to another rv? I have no lease,can’t even get internet because the address doesn’t exist.And there are 5 felons living here.Landlord is on parole for child pornography
Sometimes the best option, when there are so many issues, would be to find a new RV park. But I know that isn’t always feasible to move, especially these days. That electricity scenario doesn’t sound good. You may want to call the local utility company to come inspect the set up for safety.
I have lived in my apartment for 61/2 years I stay in my room and keep to myself. A new guy moved in right across from me and he stays up all night running back n forth to the trash bin .every time his door opens I can sence and feel chemicals from Methamphetamine or ice coming into my room every time his door opens it comes into my room. I have had to have sinus surgery from having severe deep sinus infection and from being exposed.ephinepherine nasal polyps removal. I went to a vein specialist over my lower legs swelling and leaking out fluid out of them from being so.swollen . I have been writing up papers turning them in as soon as.i noticed the meth in my room 3 to 4 months worth . They said there was.no sign of meth usage or meth being made . All they did was.look around I asked.if they checked the walls and floors.and doors if.it.showed up meth contamination and they said they didn’t have the authority to do that I said ok then who does they said.police . But said police and.office.and maintenance was all.in room earlier and there was.nobody in the room earlier if all those people had been on that room I would have heard it . So now what do I do ? They just backed up a dump truck of shit and put.it.all.ober me in the office . Not right I have to sit here sick and having bad health problems going on . Please help ???
My son is a window contractor and when covid hit his business failed. A friend of his told him about a woman that has an appt he could move into with no lease. She is a slum lord with houses that she has split into apts. He could get work this week due to Thanksgiving and sh put a note on the door that she was having the sheriff escort him out if he didnt pay her the past weeks rent. He gets his mail at this address. Can she do this.?
With or without a lease, there are specific steps a landlord must take to evict a tenant which include sending proper notices. Then, it would have to go to court. If the judge ruled in the landlord’s favor and the tenant then refuses to move, law enforcement can be called. They will review the judges order and help remove the occupants. At least, that is the common steps for a proper eviction. I can’t give legal advice but would recommend that your son contact the local housing authority and ask them about the eviction process in his state and his options regarding this situation.
Hi I’m on a permanent housing voucher for 2 years I have been ignored about my repair issue I have Windows that don’t work they either don’t open it they won’t lock and I can’t lock my unit main doors never have been able too and I had a sliding glass door that finally they replaced after noother choice my hot water can’t even take a shower and my electric box won’t hold most of my applicance I have ingestions of roaches mice and I have plu Hing that back up in my unit I have my mental health team document it all and my housing rep it failed 2 inspections and still the landlord won’t let me out my lease I have been almost assault by 2 teanets here and told landlord he told me it not his problem deal with it on my own I had things stolen off my patio and at Christmas since I can’t lock my doors I had things stolen and still I can’t get anyone to help me they even triedtowing my vcar when it was parked with plates tags legal and I stopped the tow company from doing it I am sick of the bugs they in all my stuff I wasted alot of money to fix this place which I don’t have and I’m wanting a mural but they won’t give me one I need a lawyer that can help me out of this rat hole because if I leave I lose my voucher which is not fair help me
Look up the state’s Warranty of Habitability Laws
You are entitled by law to a habitable living space, the land lord is required, by law, to take care of the issues (when notified) in a reasonable time frame (typically 24-72 hours) if they refuse you can contact the city health department and file a lawsuit in small claims court, the fee for filing for a case in texas is $22, you can sue them up to 10,000 along with having them be responsible for the court fees, some of the issues you talked about are required to be repaired within 24 hours MAX. You can represent yourself in court just be sure you have documentation of notifying the land lord of the issues (dates) and that the repairs have not been made, as well as the current living conditions.
I have been asked 2 vacant my unit. Apt by June 30.I notified my recertification team ohfa. They came out did a inspection. I sen5 off insulation to a lab in my state. Its not what you know its who you know. The fiber is horrible. Anyway I received a extension to search for another apt. But my voucher is very low I qualify for only 570 u barely can find that. The substance is so offensive. If it is asbestos and mis diagnosed then I will suffer. Five people have died on this property with respitorory unfection..
Just a quick note: I Love your posts/stories! Very informative but are you going to reply to the above questions? One is almost 6 months old.
I wanted to follow your activity and posts however you don’t respond with comments or replies that I’m aware of. In doing so we know that you actually read/follow after you post.
Hi Diana,
We are glad to hear you enjoy the blog. And thank you for your comment.
We try to review all comments and answer when appropriate. Please remember we cannot offer legal advice but can provide educational resources to help landlords, property managers and tenants conduct their own research. Questions involving specific legal needs should be directed to a local housing authority or attorney. While we do reply privately to some comments, we have made the response back to the comments on this page public, with hopes to help other readers gain insight from this rental experience.
Apologies Kaycee, I did not see your reply on the date in question. I must have been reading w/my eyes closed again! LOL Thanks for replying. ENJOY:)
I’m,in California and on Section ,8 can owners charge section 8 tenants more than non section 8 people can it be two different amounts ?
The simple answer is yes. Landlords use pricing and incentives (such as move-in discounts, lease term discounts, etc) to keep occupancy rates high and tenant turn-over low. There are also factors such as amenities, renovations, location, layout, and other rental features that make one unit more desirable that might influence the price. So as you can see, there are many reasons why one tenant’s rent might be higher or lower than another in general.
With Section 8, there is a little less fluctuation as the local housing authority sets the standards for pricing limitations and will accept to honor vouchers up to 110% of fair market rates. From that pricing start point, no move-in incentives or lease discounts apply as the voucher the tenant is given (which I believe is is 70% off) is the discount.
We own a mobile home in a mobile home park and there are new owners and they want a lease that contains outrageous rules, such as; they want us tenants to all pay a flat fee of $75 a month for water/sewar and we do not have individual water meters. Is this even legal, let alone ethical?
If there are not individual meters on the properties it is pretty normal for the management company to apply a flat fee to all tenants. Did you used to pay for water and sewer and have an idea how much it should cost? Did the old owners previously cover the cost of the water and sewer for you? It doesn’t sounds like anything illegal is happening here unless you can prove that the owners are unjustly charging too much and making a huge profit on the utilities.
What if the HOAs trying to inforce a no parking comercial vehicle rule directly to me as a renter? there cc&rs does say no parking comercial vehicles but the landlord did not give me a copy before I rented or at the time of move in. Even to this day the landlord has not said anything. Can the HOA still take legal action against myself?
Does your lease say anything about needing to follow the CC&Rs or the HOA rules? Most leases will say something along those lines to cover all the rules established by the HOA without needing to specifically include them in the lease.
No it does not it does not say anything about following The HOA rules.
So perhaps there might be a case for the landlord paying the fine since he did not inform you you needed to follow the CC&R stipulations, at least for now. But he should have you sign a lease addendum about your agreement to follow the CC&Rs. And the HOA does probably have something in their terms that all tenants must follow the CC&Rs, including rental tenants. If you are unable to meet the HOA rules, hopefully your landlord should let you break the lease without penalty.
Can landlord evict you without a court order?
I don’t think so. I would speak with your local tenant’s authority.
Kaycee, Not exactly the same problem but, I have two vehicles, one is in the garage ,and the other is parked in the driveway in front of the garage, this car is in need of a transmission and My kids and I can’t yet afford to get it fixed. The license plates are legal but run out on the last day of thus month. I just received a text from our landlord stating that our cars, both of them, have been sitting and not running for too long and that if they are not moved by Sept 1st, he is going to take possession of them… We have been paying him rent twice a month but always paying him within the Month and he agreed to this. We have been in the house for 3 yrs. Can he legally just take my two vehicle’s? And what would make this a legal act ???
I have rented from a private landlord for 6 years. Lease is up 2/28. She informed us she is putting house up for sale before lease is up. She walked through the house a few weeks ago and made a list of items she wants fixed/addressed/cleaned including carpet (realtor told her to replace, she doesnt want to spend money). She is harassing us to fix this stuff so she can put her house on market asap. Everyone I talk to says this is unheard of and landlord should be using security deposit. I know she has the right to sell house and put on lockbox but do I have to address these issues? Isnt this her responsibility? Let me also add that she never made yearly inspections of property so she had no idea what condition the house was in prior to 1/2.
You are required to return the property to the exact condition it was upon moving in when your lease is up. Even if you moved in six years ago. Do you or the landlord have any proof or a checklist for what the move-in condition was six years ago? If not, it will become your word against hers. It’s usually normal for a landlord to require a tenant get the carpet cleaned before moving out, check you lease agreement, it should provide move-out details. Depending on your state’s laws, you technically do not have to pay to get the property fixed, but the landlord can charge you if the required repairs were proved to be caused by the tenant. The landlord can typically only use the security deposit after you move out of the property and a move-out inspection has been completed. Landlords are advised to make yearly inspections (even quarterly) but they are not required to. If you never reported any required repairs that were the fault of the property, the landlord can reasonably assume that you cause the damage and thus you would be responsible for paying to have it fixed. For example, a leaky sink was never reported and now there is water damage under the kitchen sink…that would be considered tenant negligence and you would be responsible for paying for the repair. Check your state’s laws about what is considered normal wear and tear, you should not be responsible for restoring normal wear and tear issues.
I didn’t see house and moved in it really need work.
I really want move but I’m in 6mon
i rent a duplex side by side my end being the last in a one road coldasack the landlord hires a guy to plow the property of snow. while doing so he broke a bunch of things on my half of the duplex ive verbally told the plower face to face i can take care of my own snow so instead of not touching my stuff he assumes to just block me in by plowin the lots snow to my end right behind my car ive sent 2 text to the landlors with no reaponse or resolve. the guys perceeds to do it again exhausted after digin nails out of my parking soace spend 3hrs replacing landscaping an removing my snow on my lot the guy does it again i called the landlords cell no answer 2times left msges explaining the whole thing to him yet gain he doesnt respond 6am until almost 7 pm that night he finally came over to tell me that because its only my wifes name on lease if i dont move my stuff an let this guy plow on my side of the property hes kicken me off his property i live here for almost 2 yrs with my wife an 2 kids for one. for two nvr had a problem with the landlord till now. an he tells me im have to let this guy plow what am i supose to do i told the plower i dnt want him on my stuff cuz he broke shit i told the landlord i can do my own snow were am i to get some resolve from thia
It is reasonable for the landlord to hire a snow removal person and require that you oblige. Each city might have specific snow removal laws for rentals that your landlord has to follow. If the snow remover is breaking or damaging your property, keep a list and ask the landlord to have it replaced/repaired. That stinks that your landlord is threatening you. Threats in retaliation are almost always illegal. I am not sure how it will work in this case though, since you are not on the lease. It still sounds like retaliation though and I don’t think that is right. I would speak with your local housing authority for further guidance and clarification of your local landlord-tenant laws and how they apply to your circumstance.
If you have paid rent and they accepted it from an account in your name you have rights to occupy in certain states.
I bout a trailer and decided to rent out the property in the trailer court I asked my landlord for a copy of the lease he replied saying the owner wants a dollar for each page can they do this ?dont I have a legal right to get a copy of my lease ? ( from Texas ) what should I do ?
Your landlord should have provided you with a copy of the lease at the start of tenancy. If you have misplaced your copy, you can request a new one from your landlord. It is reasonable for the owner/landlord to charge you for a replacement copy of the lease, while $1/page sounds kind of high, that might what it costs to have it printed. Can you ask for an electronic copy (PDF) of the lease be emailed to you to save on printing? Or perhaps you can ask to just see the lease at the landlord’s office, and that you don’t need to keep your own copy.
Thanks for the blog, it is very helpful.
My landlord came to fix the toilet in my apartment. He closed the door and would not let me see what he was doing. Several days later I received a letter in the mail saying that he had taken pictures of my bathroom and it wasn’t clean. I feel so violated. My bathroom wasn’t spic and span but it wasn’t filthy and I feel like he violated my privacy. I pay my rent 100% and I have never been late or missed a payment but my landlord has me inder constant surveillance and scrutiny and its ruining my livelihood. Do I have any legal rights?
Oh no, I am sorry to hear about your situation. It sounds super stressful. Did your landlord give you notice to fix the toilet? Did you let him into your apartment after you called to request a maintenance situation? If so, that sounds legal to me. While he is there, it makes sense that he would conduct a routine inspection, this includes taking pictures. Is the landlord charging a fine, or just notifying you to keep the place clean? Again this sounds super normal. Grime and dirt and mildew and trash, especially in the bathroom, can damage the property and attract bugs and vermin. I would check your lease, there might be specific language about keeping the inside of the property clean. Is it just this one instance of surveillance that makes you feel bad? If your landlord is actively ruining your right to quiet enjoyment, I would contact your local housing authority or speak with an attorney about your next move for enforcing your legal rights.
Our landlord/employer falsely accused my boyfriend of stealing tools off job site then fired him , told us we might have to move , then cut our power off all in the same week. Can he do this??
One typically cannot cut the power to a rental property, unless their is evidence of recent missed payments for utilities, or if the tenant cancels power in their name and the power defaults to an owner account. Your exact circumstance sounds like a tricky situation. I would speak with an attorney about the next step. Retaliation and threats are illegal in almost every state.
I Live in a hud property permanent supportive housing. I have lived here 1.25 years. This property is subsidized by hud. The property is owned by a domestic violence center that also owns a supervised visitation center where I am court ordered to visit my 12th yo. In January after over and year of complaing about a bed bug problem I learned of upon move in. The furniture that was provided by landlord , mattress was bug infested. I threw it awAy on a Friday nite and was called by manager and made to return property back into apartment or be evicted for destroying psh property.on Monday. I complied. They never retrieved bug mattress for 4 to 5 weeks. I was told bed bugs were not their problem. Or they die in dryer. I asked tenents about bed bug problem and it was confirmed 2 people had complained for up to 3 go 6 years. One ten was the perzon that occupied my apt before me and other was next door neighbor. The infestation spread in lower units and throw out building to every apt. In Jan of this year I again asked for assistance in extermination. Told again they don’t cover bedbugs. Upon review of landlord tenant law in my stAte I sought help from my right thAt wAs they must exterminate. During the time before I knew my right and wrote a 10 day notice to demand they remedy the problem the apt manager called me into office and said ” if u don’t if you don’t quit spreading rumors that psh has bed bugs then you’re going to get your supervised visit cutoff” the next day my visits were cut off. I haven’t had visits worth my daughter since Dec2017. So many other abuses like this.what can I do
This sounds like a terrible situation. I would absolutely contract your local tenant’s authority. They will be able to set you up with the right resources and help to remedy this issue. Good luck!
I have a question I live in Georgia the owner sold the house /house she own we got a new owner the lady that collects everyone rent will not fix anything in theses homes I can’t afford to move plus I have been here almost 7 years I can not get her to fix the kitchen floor or bring me a new kitchen faucet or get her to do other things I have been warn if I take her to court she would have me move I have ever rent receipt showing I have paid my rent on time every month but it seems like these slum lord’s get away with everything in the state of Georgia what can I do
I just moved out of my house. Hired a cleaning crew to clean up the house. Other hhan normal use the house is basically the same as when I moved in. My lease was up in January and at the time I gave my landlord a written notice that we were moving out soon we just did not know when. He agreed and decided not to renew our contract. Now he’s upset that we moved out and is calling my new landlord telling them he’s going to send pictures of how we left the house and how we “broke” our lease when in fact he was the one that said we should go month by month. I feel he is invading my privacy.
I suggest being up front with your new landlord about what is happening. If you go to your new landlord first, then he is less likely to listen to any negative remarks your old landlord has to say.
Hi! My landlord has been extremely rude recently. The house, as well as all the neighboring houses, were infested with cockroaches. We paid for an exterminator to come. Last Wednesday or Thursday I was notified that an exterminator was coming again on the following Monday to do a second spraying. I told him that Monday would not work because I worked all weekend and both me and my husband had to work on Monday. He said someone had to be here. The prep work for extermination is extensive. The exterminators come to house, my husband worked it out to be home when they come but had to go back to work. The week goes on and I worked 5- 12 hour shifts in a row. I was exhausted from that, plus was in class all day Thursday and worked another 12 hour shift yesterday. Today was my first day off but my husband had a work party this afternoon. Around 3:30 today I get a call from one of the landlords saying he’s coming over to my house to do an inspection. He said he left messages early in the week. I never got these messages. My husband and I aren’t home when he gets here, but according to my neighbor he comes into our house because the door was left unlocked. He later calls me and says he’s been in the house, and basically implies I’m lying about not receiving his messages. Which is totally untrue. He says him and his partner will be in touch with me later this evening. My house is in disarray due to my work and school schedules this week, and the unexpected exterminator who was here 5 days ago. Plus his partner was messaged about me being unavailable this weekend and next weekend a month ago when we were told they’d come back to reassess. Can the landlord evict because of this? Also we were given a list of chores to complete before the next inspection as well as things he was supposed to fix, and nothing on his end has been completed, including windows that won’t open because they’re nailed shut.
i notified my tenant that we not re signing a new 1yr lease via text. On 5/25/18 our lease is up end of july 18′. Am i as the landlord in the wrong?
I have heard that courts are accepting text message communication as valid forms of communication between landlords and tenants. Did the tenant respond? Do you have a screen shot with the date of the original message and the tenant’s response? You can still follow up with the tenant and send an official notice that the lease will not be renewing and provide the tenant with move-out instructions.
I live on the Southwest side of Houston and I been asking the office staff to come see about the mold in my kids restroom and all they did after waiting three months was sprayed it with some bleach and painted over it. What can I do about this ?
You can ask to have it test for toxicity. If you find dangerous levels, you might be able to break your lease and move out. Depending on your state laws, you might be able to request the property manager cover the cost of the test. I would speak with your local housing authority or an attorney for further advice.
I have lived in my apartment for six years now. There have been small and large issues that have not been addressed. One in particular was when the ceiling in the kitchen and bathroom had water in it. The manager came over With a large screwdriver and poked holes in the sagging ceiling’s. This released the water and left a message for me to clean up. There have been small issues such as a broken kitchen drawer, a ceiling fan that doesn’t work properly and a button on the stove that works intermediately. I was told I would get mini blinds for all my windows over four years ago. New tenants coming in get new mini blinds while I am still waiting. Also does the management have to repaint the walls after six years? Does the management have to replace the carpeting, although when knew when I moved in, it was cheap and thin. Please advise as to what rights I have regarding these situations. I reside in Ohio.
Make sure to keep excellent records of maintenance issues and damage with photos and notes. You should also have records of all communication between you and your landlord. I would check your state laws about repair and deduct options that might apply to you.
It is not typical for a landlord or manager to replace the carpet or repaint the walls in the middle of a lease term, even if it has been six years.
Hi. I’m going round with the property manager of my unit regarding my fridge. I noticed that there was condensation along the seals and water dripping into the fridge. I bought thermometers and noticed that both the fridge and freezer do not maintain steady temps for food safety. She ‘swapped’ my fridge with one from another unit and I am having same problem. She came with appliance man and the temps happened to be normal WHILE they were there. When I pointed out that my thermometers show lowest and highest temps they both claimed my thermometers weren’t accurate and there are no food safety concerns. I disagree. I know that my food shouldn’t be getting wet! Is this something I can push or is this something not considered important. I will not store food in either because I don’t trust the temps to be maintained evenly.
I have a friend in Lebanon Mo that has a celling falling in rain comes in! Black mold in celling bad! The landlord has known about it for four years! I’ve reported this to the department of aging! Still nothing done! He is award of the state so the state pays his rent! They have not done anything to get the landlord to repair it! They keep pay the rent every month! Should they refuse to pay the rent tell the landlord fixes the celling and the MOLD! The state of Missouri is well aware! Don’t know how to help my friend! Any advice please!!
My daughter rents w condo hoa has opened her garage and made her get ride of her property she had sitting in there nicley they said if she didn’t get ride of it she’d be fined ..also my nephew rents there as well and hoa lady is all ways telling them they can’t have nothing in the porch balcany area but others have allot on there’s I think she’s just harrassing them
The other people who are violating the HOA rules are also probably getting fined.
My girlfriendsister place ,has these nasty guava that fall daily ,bringing fleas and ticks.The landlord expects her and other tenants to pick up the guavast off the ground and put them in the dumpster.
Is this maintenance task written into the lease?
Her landlord, says she has 2 parking spots,but when I park my car in her guest spot,for more than 72 hours,she has threaten to tow my vehicle.
Check the lease, there might be more information about how long a guest is allowed to be parked in the extra spot.
I found out that we overpaid the security deposit when my daughter rented a condo with two friends. Everyone was supposed to pay $450, but we mistakenly paid the total of $1350 ourselves, so the landlord received $900 extra dollars in security deposits. The landlord has not ever acknowledged this overpayment, even though we emailed him proof from the receipts of the cashiers checks we had sent The girls have since moved out and he is charging them an enormous amount for HOA violations ($250 per violation times 11) even though the total of the violations was really only $660 for various trashcan violations. The girls never received a copy of the HOA rules and he never notified them of the fines until they moved out. First of all, how can I get back my excess deposit, and secondly, can he charge us over $2700 for HOA violations without charging them/notifying them during the year when the violations occurred?
You might have to get a lawyer involved regarding the over payment of the deposit if the landlord is not acknowledging it. Regarding the HOA, what does the lease say? Sometimes lease agreements provide blanket terms like, “tenants must follow all HOA rules”. It can be pretty frustrating if the landlord does not provide a copy of the rules to the tenants, but did the tenants ever request one from the landlord? Did they reach out to the HOA board members asking for a copy of the rules? HOA and renter agreements can be confusing and hard to deal with, especially when there is a lack of communication between the landlord, renters, and HOA.
Does the landlord have proof of HOA violations and the fines the renters incurred. I assume the renters will still have to pay the fines for violations even if they never received noticed at the time. Check your lease and see what it says about how fines and HOA fines specifically are handled. Good luck!
I got a leasing agreement with the landlord not the HOA and after a month of signing we had to get an approval with the HOA to move in but it’s not on the lease and the people at the front desk allegedly said they let the landlord know before and they haven’t even sent a policy yet very very very unprofessional … I just want to know if they have the right to evict you if You never had agreement with Them .. I only had it with the Landlord … Should I take legal action for their miscommunication and pain and suffering?
HOAs can be very challenging to deal with when you are renter. They can have rules and regulations that the landlord must follow regarding renting out a property. It sounds like your landlord is at fault for failing to follow the HOAs policies. If the landlord failed to follow the HOA policies it could render your lease invalid. If it’s an invalid lease, then you could be considered living at the property illegally, in which case an eviction would be possible. While this sounds like a crazy circumstance, you could have grounds to fight the miscommunication, especially since you didn’t do anything wrong, it could end up being a lot of time and effort to go to court, and worse case scenario, you end up with an eviction on your record. I would try to responsibly work with the HOA to see what it will take to get approval to remain living at the property and avoid litigation and an eviction case.
We live in Sacramento California…rented apt in 2/2005. Question is how long before my yearly anniversary does my manager have to give me a notice of rent increase ?
In California manager or landlord must give his tenant a 30-day notice before increase the rent if the amount is less than 10% and a 60-day notice if the increase is more than 10%.
I live in Washington state and when I have paid my rent late (I have always paid for last 8 years they keep denying the amount the day I am paying it and then add (legal fees) but I have never been to court or Aribtor or mediation and I havent received a court date. Now that i have gone back through last few months they have charged me 100s of dollars beyond the late fee charges every month and every month (some months with fewer days the legal fees are more. Everything I have read says that they cannot do this but they will not accept my rent paid in full with late fees paid in full unless I pay their legal fees. The only thing i have been served with is the summons to respond by said date and time which i did. They approved my answer then i had a payroll error in which caused me not to be able to pay the rent with their added legal fees so they said that if i had my employer write a letter on company letter head saying that is what happened and when it would be remedied (7 days later or less) that everything would be fine. I go in to pay that amount and then they say we cannot accept that amount you now owe another 800 in legal fees can they do this?
Does your lease say that legal fees will be applied to late rent payments?
My lease for my apartment says no smoking inside and need to be 25 feet away from building. I don’t smoke but management for the complex has sent me and another neighbor who also doesn’t smoke that we are in violation of our lease for smoking. We have received two of these letters after we told them we don’t smoke. There are other residents that smoke outside but they never received any letters. I feel like I’m being harassed for something I don’t do. What are my legal rights
I would ask for proof or documentation as to how they feel like you have violated the lease terms. Confirm in writing that you do not smoke. Also remember that you you are responsible for your guests’ behavior, so if one of your guests was seen smoking, you could get a lease violation for that reason.
Yes my mom passed about a three years ago and I move into the home house paying my sister 500.00 a month. So my older sister decided that her husband buy the house. She has a key and come in when she wants to and she also have her car here parked under the car porch, where it sits until she decides to come over and drive it. Now that she has to work she sending her husband over to get shower head and I told her I prefer that I be here when he entered. She told me that this is his house. Do I have rights that I pay her on time. Explain my rights please.
You probably do have some rights since you are paying rent and can be considered a tenant. However, renting from family is always complicated, especially if you don’t have a lease agreement in place.
I have a triplex, and live in the basement apartment, but the tenant in the main unit has abandoned it with a lot of her personal belongings behind. She has not given me any written notice, but has another place sense November 2020 and had some younger brother stay there which i was not informed about. I was not informed about a hot water side that would not shut off a complained about the high electricity bill. Now I had no rent for seven months plus broken doors and frames. This is how landlords/owners are turned into the bad guys, give a little and they run you over plus let them tell it they don’t do anything wrong. Yet the state pays for their everything and I worked for all of the things I have, including my triplex that the freeloaders think is theirs.
i saw my landlord in our court yard we had some small talk. as we talked i was telling my landlord i had started my cleaning now that the weather was finally nice and i had started cleaning my windows startubg with the bedroom,bath room.my landlord said i need to clean all my windows because there was mold on them and why didnt i open windows.i informed her i didnt open windows because the screens are very old some have holes some r broked.2 days later i get a hand written notice that states i have 3 days to clean all my windows my window will be inspected and if not to her liking a window cleaning service will be called at my expense anycovering that has mold will be replaced. can tjey do this
Why can my landlord do anything with noises coming from an upstairs unit. They also have a pet that runs. Is there a law to protect us the affected. We were as to move if we can not handle the situation. But need to wait to save some money for another deposit.
Hi Susy, Renters do have implied warranty of quiet enjoyment, meaning that you are given the right to enjoy the property undisturbed. Unfortunately, one of the issues with enforcing a renter’s right to quiet enjoyment is the subjectivity to what is considered a disruption to a person’s quiet enjoyment of their home. That can get especially difficult when you are dealing with multi-floor apartments. It may not be considered reasonable to suggest a pet may never run in its own home, for example. You can certainly talk to your landlord about the issues you are experiencing, or may even have the option to kindly ask your above-the-stairs-neighbor to try to reduce noise, but it is hard to say what kind of legal rights you might have in this situation. For more understanding on the implied warranty of quiet enjoyment check out this article. Hope this helps!
I live in a HUD building. Had to stop working because of serious heart problems. Recently, my property manager screamed in my face about my HUD inspection. She also bullied me into cleaning my kitchen and bathroom in a short amount of time. Could this be harassment? I’m worried about possible cardiac events, if this happens again..
My name is Wanda Grant I live in rental property At 210 Busha St. Toccoa Georgia with my sister Brenda Jarrett and my brother John T Grant the house is falling in but our landlord has hired a contractor to come in and do some electrical work the guy has been telling lies on us and now he is threatening to make us move.Is there anything we can do?
Our situation last year was not only unusual just downright disturbing. We have a leaking faucet that the management field fixed for a period of over six months which ran up her electric bill an additional $2800 over that time. That’s kind of the minor issue the major issue is when twhen they came to fix it they had to tear off the Sheetrock on the back shore of the shower front n the floor up to about 4’ above the floor and 36” side. So 48 x 36. After fixing the shower the maintance man was to tired to fix the sheet crock and said he would come back the following day. Then two weeks later one morning I’ve gotten up extra early to make some breakfast and I was in the kitchen and I could hear voices coming from my dining room and it sounded like people were in there so I walked in the dining room and I looked around I couldn’t see anywhere that I heard the voices again I walked over to the opening in the wall and looking down I could see dire fly into the Neighbors apartment below. Now I know for a fact that there was no opening Clear through to the neighbors apartment below the date of the maintenance man left the hold in the wall in our apartment. In fact when I questioned the maintance man later that day he had told me the had cut that in from down below two days after they had fix starter but not repaired or wall however no one took the time to tell us if there was going to be a haul clear through to the neighbors apartment below however the neighbors below clearly knew that there was a opening for their apartment to our apartment and this opening into our lives had been there for almost two weeks I also had a 1/ year old daughtrr who lives at home with me. The previous month before this department manager had told us they were going to take a good portion of true electric overage we had off the next few months rent we had several hardships at that time and were $1,200 behind on elestrc because of the overage so I pretty much took everything we had and paid off the electric bill just days before we found a hole in the floor when I complain to the manager about this at first she was very apologetic however three days later win we have not paid her rent for that month because of what o had been told she was going to do about the overage we were out she had changed her mind and she was evicting us.
Im A Guess from time to time at my two sons home, and ex wife complex, but work with one of my sons well I have two jobs so when off I sit in my sons car to do my realestate, assignment for houses, well my sons were being harrass by the park in which they live,, and I as a guess have been told not to be on the pemisses, simply because I was in my sons car, they assumed I was sleep, I told them when approached that me and my son work together and I was not sleeping even though the car had condesation on the windows because of the cold and heat what can we do sense they harrassed my sons and me, and looked in my sons window of home and car without permission one has a female guess there that they watch through the window it is filthy and terrible what they do yet they told my son theres nothing he can do about it sense they live there and if they do,, threaten them with an eviction if they sue Landlord!! please let me here your in put..
Is it legal or illegal for a landlord or maintenance man to solicit a tenant and try to sell them something? (i.e. record player, girl scout cookies, vehicle, etc.)
I can not offer legal advice, but I can point out that tenants have a right to what’s called ‘quiet enjoyment’ of the rental. Asking someone if they would like to participate in a fundraiser by buying cookies may be insignificant on its own, but if there is a pattern of unsolicited requests, it might fall between unprofessional to harassment depending.
If a tenant feels the landlord has overstepped boundaries, they should always try to resolve the issue directly with the landlord first. Clear communication may settle a simple misunderstanding. After an attempt at resolution, if it continues I would recommend contacting the local housing authority and if necessary a lawyer.
Get the Girl Scout Cookies!! You CRA CRA?!
i lived with my boyfriend for 2 years and rented my home out so he died in february and his children sold our house the person that rents my home knew that i had to come home i lowered the rent a little but i ask her not to move other people in my home well her daughter moved her boyfriend in and i ask for more rent she told me that they wasnt there enough pay rent i lived in Georgia what can i do because of the cut in rent and move i have no money
I am sorry for the loss of your boyfriend, Robin. Your situation sounds difficult. I would suggest contacting your local housing authority to see what recourse you have available. You might need to see legal counsel to help navigate what to do if they refuse to move.
Great Blog. Very well written.
Thank you for your feedback!
Hello, I am trying to break my lease that I signed with before the property went under new management. I gave the 30 days notice as suggested in the lease and my lease did not include anything about having to pay rent until place is rented to new tenants. However, my new property management’s saying that I have to pay still is that true?
Hi Mary, it is true. The 30-day notice allows the landlord to know the intent to move and allows them to begin the process of finding a new renter but does not release a renter from their lease agreement. A lease is a legal contract with an end date that signals the release of the obligation to pay, regardless of the move-out date. Unless the lease has specific terms that release the renter from paying (such as renting to new tenants), it is implied that payment will continue until the end of the contract.
In MT, I was reading tenant rights stuff last night there is an exception here that if you have a disability they can not punish you or make you either leave or pay more. They have no right to know what your disability is, a note from your doctor confirming that you have a qualifying condition under ADA. Poof! Hope your spinal bifita and pleurisy get better at your new place!
If a landlord threatens the lives of free roaming cats (that over the years were dumped nearby or born here from cats that were dumped) that roam the owners ranch property and I report him to the humane society for inhumane treatment of any kind can he legally evict me for doing this to him? Bernie anyone answers, understand that in Hawaii it is ILLEGAL to torture, maim, relocate/ DUMP or kill any feral cat. I recently heard the landlord & his son who doesn’t live here and doesn’t own any part of this place, verbally threaten these cats that live here with inhumane treatment. Their reasons, because one of the cats left prints on their vehicle! Anyway, I’m curious to know if I can be evicted for turning the landlord and/or his son in for inhumane,/ cruel and illegal treatment of the free roaming cats that have lived here since 2011 and 2014. They’re all sterilized from my pocket too!
You cannot be evicted, they however can be sued due to “retaliation”
Hello, I signed a lease agreement to move in on Aug 1, 2020 but the home association lost my paperwork and at the last minute ask for it again. I gave them the paperwork and today they tell me they did not finalize their decision. My question is can I back out of moving in because I found a place that is ready for me to move in sooner? or is the contract binding and I have to wait for the HOA to respond?
As a previous property manager, I would never have anyone sign a lease agreement unless they were approved so I find it interesting they would have you sign a lease if they did not finalize a decision. To your original question, in most cases, a contract is binding once both parties have signed the agreement but in some states, a verbal agreement is sufficient to establish the relationship. As it’s after the 1st I am hoping you were able to contact the HOA to discuss your options and all went well.
I was recently evicted telling me I had 10 days to vacate the premises. I have lived here for 17 yrs. I am disabled they say for the reason of nonpayment of rent. I have always takn care of my priorities always. Ever since these new people have takn over this housing group (Rolla Housing Authority) they have done nothing but harrass & accuse me of I feel whatever comes to their minds on that day or in that hour. I have lived here for 17 yrs & I keep to myself & I don’t bother anyone I pretty much keep to myself. I have a 18 yr old daughter who lives with me & we recently found out she has a huge mass on her liver that requires surgery and we have been traveling back in forth having all kinds of test & bloodwork etc…. I sent a letter stating this to my landlord explaining this to them is to why I was short of my rent. I did indeed pay that rent & the following month when my rent came due it was over a thousand dollars with all these other charges they say I am now owing for. & the list goes on & on. I was told to cut down all my flowers or they were gonna cut them down for me. They have driven by & takn pictures of me or my company tryn to catch me doing something. There is a no smoking policies and I have been accused of a couple times which I was not doing. I can not help if I am not home or if someone turns around in my driveway with a cigarette in their mouth or someone drives by a flips a cigarette out the window and it lands in my lard that does not mean It came from me but they accuse me of it. They continue to just anything. I have lived here for 17 yrs & in that time I have been here when the p people who ran it before I recieved yard of the month 5 yrs in a row I had always got good reviews never had a problem one BUT when these others took over its nothing but BS period. They are always in my mailbox on a day to day basis putting there letters or whatever it pertains to on that dayI think they call that FRAUD. These are not signed and stamped letters they are unsealed installed envelopes with there accusations & threats. I am disabled with heart & lung issues with other health issues to follow a single parent & now my daughter has liver issues that require travling back & forth & with gas prices skyrocketed its hard on a person’s pocket but you do what you gotta do especially when it revolves around your child & their health. I recently was told that I have colon cancer and I know this is no bodies problems but my own & I am by no means asking for a hand out never have BUT you knows hands up would be nice every now & then cause I try my hardest every day to do my best at whatever is going on at that day & time. I wish the shoe was on the other foot of these so called hard asses who only see $$& they would know of what some or most us may struggle a lil bit or alot with on a day to day basis.
It’s so very sad how this world has gotton to be.
Money is the root to all evil. Thank you for listening & for your time…
Any suggestions or words of advice would be greatly appreciated!
It’s interesting to know that anything the tenant leaves behind after moving out should be treated as abandoned property. My father wants to sell our old house but I told him that I’m interested in managing it and renting it out to other families. It might be a good idea to learn about property management and residential lease in order to become a good landlord.
You are correct! It’s important to learn about property management and residential lease regulations. In fact, in many states certification is required to start managing. Check with your local housing authority to find out more. Best success on your plans!
I rented an apartment in early July with a move in date around the 28th. After moving in, i found bugs and spiders in more places than I am accustomed to. Informed the office. Pest control was called to spray which they did. However, to this day there are still bugs. Just last week two of those big water bugs, one crawling on the wall and one on the floor was in the apartment. I was there under 6 weeks and I had two visit from pest control, condensation on the patio windows, problems with the dryer which just got fixed when they said it was fixed. I found this wasn’t true after attempting to dry a load of clothes. Requests for repairs/check issues were entered in their maintenance site as being completed when not. The last straw was lying on my couch trying to take a nap only to feel something and it was a spider web with a tiny spider. I was frighten then furious. I had to go. I could not sleep there thereby incurring a hotel stay. I’m at my wit’s end. I told them to move me or break the lease and with no fees. At the time, there were no one bedrooms available or coming available soon but there were several 2-bedrooms. I viewed floor plans and decided on which one. On the following Monday I let my choice be known only to be told it had been rented. I was not told they needed my decision before the end of business which was Saturday. One would think a unit would be reserved for me. Any way now I can only move to a one bedroom with the fee waived and not replying. For a two bedroom which I got excited about, I would have to reapply and pay a fee of $500. I believe it to be unfair. Do you think this lease can be broken. In all honesty, it would be my preference. Please respond.
Hi Donna, I can’t offer legal advice but from experience, a lease is binding unless you both mutually agree to end the relationship or if either party doesn’t fulfill the provisions of the lease. It sounds as if they attempted to address your concerns by sending pest control and repair persons and likely would continue to send persons until resolved. They have also offered you another apartment, demonstrating they are making efforts towards resolution. Since you prefer ending the lease, you could try to negotiate with the landlord or take their one-bedroom offer. You could also reach out to your local housing authority to learn about your state and local regulations concerning the landlord’s responsibility for pest control.
my mother passed away a week ago oct 5 she was living in a federally subsidized low income housing in Maine my family was refused entrance we were told only the executer of the estate was aloud in so iv been working on getting that done they called my younger sister today and informed her they entered the apartment did a inventory and mailed out to my moms last known address a letter of abandonment after a week knowing we have been trying to get in is this legal should i call someone or get a lawyer or just wait on probate to be named the executor ?thanks
I am so sorry for your loss, Joseph. I can’t give legal advice but from my property management experience likely the landlord is following protocol as it is customary to take inventory and send out a letter of abandonment. Although customary, every state has different regulations dealing with these situations. It would be up to you to decide to call on a lawyer or wait, but in the meantime, I would suggest contacting Maine’s local housing authority for state-specific regulations. Again, I pray you and your family comfort during this difficult time.
Now when a manger keep hrasshing a tenant to get out without paper work from the owner know nothing about it And the manger is still harrasinge a tenant by turning of her power off without the electric company know that it the manger whom keep turning off her power for her apartment at one time the manger had turn off her power 6 time in that day and lieing to the plioce office saying that oh that apartment whom he keep on harassing and turn off her power have a problem that he say it might cause fire in that apartment and the electric company had say no it not true
If gardeners are shitting in the yard where I am renting, what can I do? Is it the home owners responsibility to have it clean it up?
That sounds distressing, Kathy. Landlords want to know when a vendor or contractor is not acting professionally so I recommend you reach out to them to discuss the situation and options for removal.
Kathy if it were me, I would keep track of the names of the crew that committed the stinky offense and date&time they were there and then call their company UNLESS if by calling you’d be speaking to the crew or crew member who pooped in your yard. If that’s the case I would immediately call your landlord and report the situation! Now my next suggestion is gross&graphic but you’ll need to video walking up to the pile and then zoom in on it.by videoing it’ll be easier to prove it was done in your yard! I would also confront that pooping crew of gardeners while having someone video the interaction. The responsibility lies with that crew but the fact they did it and didn’t bother to clean it up proves they’r a crew of “classless born in a barn” gardeners. Are they all doing this or is it just 1 person? Has this happened frequently or once? Even once is too much! I believe it would be responsibility of your landlord to clean it up because I’m assuming the landlord hired the gardeners? As with any issue between landlords and tenants, its best to follow the processes outlined in your state’s landlord tenant handbook. Usually first step is to verbally &in writing inform the landlord to give them a chance to correct the problem. Nowadays you can text, gmail or use messenger to inform a landlord in writing but I would also suggest to use old school usps! Sorry my reply is a bit confusing. Still, I hope it helps you! I’m sorry you’re dealing with such a gross unsanitary situation! Here in Hawaii if your dog poops and you don’t clean it up you can get a ticket for $500 for 1st offense! I wonder what fine or punishment is for a human leaving poo in someone’s yard? It should be a criminal offense!
Thanks for share the information regarding rental housing laws.It is very useful for both parties.
Covid-19 I have applied for rental assistance and landlords did application with me and they have sent me over 12 5 day notices and they can not evict and the application is pending. They have sent process serve at 2:30am, 10:38pm, to serve me 5 day notices when they can’t legally evict in will county Illinois. Varies texts messages about when do you plan on leaving, I’ve told them this is harassment and they still continue to do it and they can’t legally evict until august 31 2021 and under terms of rental assistance program if accepted they can’t evict. I have a 3 year old son and have saved all the notices. They have said my house in monitored, they said they are sending people to do wellness checks. My peace and quiet is interrupted , I’m scared to leave my house. What should I do I can’t pay rent due to covid and I would likely become homeless if I paid rent and then evicted.
I live in a converted motel in Florida , besides water leaking in every window and the ceiling in my kitchen falling in twice we have out of pocket tried to keep the apt nice it was disgusting when we moved in . Then rats ate a whole through our floor and we lived with rats we did have some mice which we got rid of but I’m talking full size rats we caught 12 in one night ! And we have cats now the electricity keeps popping because the apt next door is wired into our box the out side box is so old they can’t find parts for it ! There are three adults people living in 1 room who are drug addicts and there’s been so he deaths from drugs and multiple other overdoses that the rescue will bang on our door in the middle of the night because it used to be a motel we live in the only full size apt that they see as an address. Much more things but the day the government in Florida stopped moratorium the 2nd of the month she tried to evict us because we owed 1 months rent and an agreement was made to slowly pay it back we paid rent to the courts and went to mediation we owe her nothing we complied with everything ask her of us and she totally disregarded her getting bing us a new lease , fixing the damage walls and windows in ten days it’s been 8 months now she is trying to say she’s evicting us for no lease which she was told to renew and signed agreement we have been very patient snd just want to live in peace moving now would be a great hardship as my mom was diagnosed with cancer our car broke down during all of this and per agreement we have two more years of renewal as long as we kept rent up to date what should we do because now the electric is really becoming scary it goes out no joke 20 times today she is disrespectful as well as her property manager her father does not respond now I have to go through another eviction or is the first case she did not comply still in effect ? We took care of rodents etc but still waiting on lease and walks snd windows
I’m sorry to hear about your hardships and your mom’s health concerns. Unfortunately, I can not offer any legal advice so I suggest you speak to the courts who issued the requirement for a lease renewal or seek legal counsel regarding your situation. I hope it gets resolved quickly for you.
I rented an apartment at college and the apartment my roommate and I were shown the rooms were the same size. The apartment we were assigned ,however has my room half the size of my roommates. I notified the Manager and asked for a rent reduction based on the room being much smaller and the unit being totally different. The Manager says that rooms vary and exact sizes are not always available. Is that legal for me to be charged the same rent as my roommate even though my room is half the size?
I have a roommate that continually goes outside in the morning and pees on my car! he’s 70 + and a well known Attorney in my city. I asked him to stop; he won’t. I don’t know why he’s doing this! I told the landlord who is also a roommate that this person is doing this! He laughed and waved his hand for me to go away. What can I do? He won’t tell him to stop! This is bizarre!
Is he exposing himself in public? If so call the police and report him. A sex offender conviction could get him disbarred.
I was hoping to get an answer. I have been lied to, mistreated, false claims about me, fines, that has been going on for over a year. My has lied to me for the year. She never reported the misbehavior of the manager to the Board. She told the manager! That sent the manager to go after me. She proceeded, the manager, to make up stories about me, fine me. She also was stalking and harassing me. She kept the laundry room on my floor for 11 months. I live on the 2nd floor I had to go for from the 1st to the third looking for a empty machine. I am 72 have had two bouts of colon cancer since 3/19.. I have arthritis throughout my entire body plus many other medical problems. I think this is elder abuse.
Thanks, Peggy Berry
I gave a notification letter to rental office saying I would be leaving on 22 of month but my new home will not be ready until a month later. Can they evict me on 22?
Hi Andrea, it is likely that as soon as the rental office received your notice to move they began marketing the vacancy. So, I would recommend contacting the rental office as soon as possible to see if you can get an extension before they sign a lease with a new renter. If you do not make new arrangements with the rental office, they can proceed with an eviction if you don’t move by the 22nd.
Hi Heather, on that note, we have a lease to move into an apartment on May 3, but the management have now said the current tenants won’t be leaving until the end of May, and the apartment won’t be ready for move in until June 8. It won’t be possible for me to move in on that date as I will be at a work training seminar for the better part of June in another state. What rights do I have?
Can a landlord decide to build an additional living area on the property that my friend has rented for 15 years. It’s a house with a garage and carport and small back yard
Yes, many cities and counties across the country are changing their regulations on ADUs (Additional Dwelling Units) as municipalities attempt to accommodate for housing shortage issues. Even if it hasn’t been adopted city or countywide, many home and land owners are able to get a permit to build an ADU or convert a garage, basement, or attic into an ADU. So, your friend may want to check with the city/county planning commission and the local housing authority.
Are there any laws or regulations about the type of property (i .e., size, number of rooms, living conditions) that a property manager must move us into while they fix the issues in the apartment I rent? My manager is going to fix the issues in the apartment my family and I reside at, but wants to move us into a significantly smaller place/The Extended Stay Hotel.
Hi Dee, I wasn’t able to find any restrictions in my research so I’d recommend you reach out to your local housing authority to see if they can help with that information. All the best!
They are required to relocate you to a place comparable to your current residence or “more”
What about when the landlords family is constantly coming over here and telling me that since I should have kept my legs closed and that I need to get out of this home. I am a single mom of a 1 year old and informed him I do work from home because paying for daycare or babysitter would cost mllore. And he continues to say “BS your trash and you should have kept your legs closed instead of having them open” then when asked to please not come back over here again he continues to say” I can do whatever I want and I will continue to watch you and everything that you do.” He has admitted to literally setting in his window and watching me. I do not even like to go outside because he has made me so uncomfortable.
File harassment charges, document dates times and details of these encounters, you can sue him for it as well you should be able to have an initial consultation with a lawyer at no charge to find out how to proceed. Although a Google search will give you the proper route to take as well
Am i responsible as the tenant to pay the landlord to replace every blind in entire condo if only 1 is damaged?
Hi Sindy, the answer is maybe. It may come down to the wording in your lease or rental agreement. I can imagine in some cases if the replacement blinds available do not match the current set, they might need to replace them all to bring it back to a consistent esthetic. When in doubt, check your lease and you could contact your local housing authority to confirm that your landlord isn’t overstepping their rights in this matter.
Are there mitigating circumstances that can require a landlord to not be able to demand a monthly tenant and family to move out within 30 days? Situation: Single working mom of a toddler has been asked to move out within 30 days. Renter was never late on payments for 5 years. There have been incidents where maintenance had to be called in due to heater not working, busted water pipe, and a nonworking refrigerator (toddler was less than a year old at that time). The latest call has been made because the cinderblock retaining wall in the backyard fell down possibly due to excess rain. Wall fell down, call was made to property management, and four days later renter was asked to leave within thirty days. Working full time, caring for a toddler, having a disabled partner, and trying to find affordable housing at this time is quite overwhelming. What can be done?
Unfortunately, if you are not on a long-term lease, as long as the landlord has given proper notice, there are no mitigating circumstances that would allow a renter to occupy the home. If a renter stays past a move-out date then the landlord would have the right to proceed with a legal eviction. Having said that, I would suggest seeking advice from a real estate attorney if you feel the landlord is retaliating.
What if you sign a lease agreement for$675 a month and the land lord comes to you 3 month after you sign the lease agreement and say the monthly rent has gone up to $775. A month instead of the original $675 are you obligated to pay the increase or does the landlord have to hold to the original agreement. Or is there any law that protects the person who is under a lease agreement with the apartment complex
Thanks for your question, Daniel. Unless there are specific terms in the lease that justify the increase or extra charge (such as a periodic increases, utilities, fees, etc) then the landlord should honor the lease as-written. You might want to review your lease terms carefully with the help of your local housing authority and/or a real estate attorney as they would best be able to help you know if the landlord is out-of-bounds or what steps you can take going forward. Wishing you all the best!
Yesterday I looked at a small trailer to rent on landlord’s property. She purchased the property two months ago. Turns out she does not own the trailer, the former property owner owns the trailer. Should I continue with the rental agreement, even though she does not own the trailer on her property? I could not find any Oregon landlord/tenant information. Thank you!
Being a property manager for many years, this sounds very sketchy. I would hesitate to sign any agreement if the property owner does not have title to the trailer. Imagine if the former property owner wants to move or sell the trailer — your rental agreement would not protect you because the current owner can not guarantee continued access to the dwelling.
If a private party owns a senior complex and accepts Section 8. Can they take another tenant over you if he already said if the the previous applicant he was person dealing with falls out, I get the apt. Then he gives it to completely someone else who can move in immediately, because I have section 8 which takes 40 days and he wants it rented faster????
Great question, Lashley. Was that a written guarantee that outlined your application was approved or just a verbal comment that your application was next on the waiting list to be processed? My best suggestion for the fastest answer is for you is to check with your local housing authority. They would know if there may be specific regulations that are unique to your state and county regarding application processing.
In S.D. what do tenants do if landlord doesn’t clear sidewalks and parking lot of snow and ice?
Hi Tammy, here’s an article on the The Complete Guide to Snow Removal Laws by State that might prove helpful. It mentions Sioux Falls, so if you are outside of that area, you will want to contact your local housing agency to ask.
I am a renter , we have lived in the same place 9 years it was empty for some time and we had to do a lot to move in I made the repairs myself and the landlord took the supplies of the repairs but my labor was never figured in. I have informed the landlord that the plastic tub was broken and needs replaced, he says he wants to remodel the bathroom and has all the material (used) to do the job . My dilemma is he lives on the other side of the state and has asked us to move out of the master bedroom and let him stay here while he take an estimated two month to do the repairs has any one ever even heard of such a request and is it even legal ?
Hi Scott, That is an uncommon request for sure! I would contact your local housing authority (housing agency) and discuss this with them to find out the landlords responsibilities for repairs as every state has different regulations. You may find that he might need to find you temporary housing (like a hotel) or that he needs to stay somewhere else himself and repair only during business hours.
My husband and I was offered a apt when we came out of ministry men and women’s home we was told the program was for a year and we was there 26 months we couldn’t wait to get away from .there. So one of the members of that ministry offered us a apt if my husband would be His maintenance of the apts. Now both of them have worked on other construction jobs together and my husband Ahsante and Charles really didn’t get along and Charles did not like that my husband Ahsante had more Construction skills than Charles so he always tried to undermine Ahsante but Charles wouldn’t do no work at these job sites but would always wanted to come and get him out of the men’s home using him all the long and my Ahsante had go and do the work. So were out of this program trying to work save our money and leave this ministry and so Charles has been constantly asking Ahsante to please be his maintenance men cause Ahsante has the skills to be a general Contractor which hes in the process now. So we move in and I Leona paid him the deposit and the first month rent of $900.00 on 10-1-2021 and in January Ahsante decided to be the maintenance cause it would help us with paying rent our money was a little strained then so Charles called himself helping Ahsante with work only to find out that Charles was manipulating Ahsante to do his outside jobs then Charles wanted him to do the Contractor work in these apts but for only giving us free rent which now was $1000. Ahsante would do work like raise the foundation on one of the building it was slipping. All of that was cause CHales didn’t want to have to pay a contractor to come do work here so he thought he would just use Ahsante to do it only for free rent. We was paying rent a couple of months and then we would have free rent a couple of months it was a on and off cycle. Finally Ahsante couldn’t deal with him and his threats so they agreed that if he wants any work done in the apts he would have to pay him.So We decided to pay our rent now our money was a lil strained cause my hours were cut back at my job. Charles knows and then offers to let him work for our rent and that is where it got crazy. Charle tried to get Ahsante do work on leveling a whole apt floor by putting a beam across the whole bottom floor it was hard work Charles wouldn’t get some other men to help him so he could finish that job then Charle had Ahsante doing ll kinds of jobs and Charles would to do his job never get Ahsante the supplies he needed so Ahsante paid out of hes own pockets for the supplies and Charles never paid him back. They keep getting into it cause some way charles would try get over on Ahsante some way. WE have been in this apt from 10-1-2021 to 1-1-2023 at this time I tried to make payment arrangements with Charles me and my husband also did he gave him cash and did two jobs foe $150 each cash $200 so that is $500 toward our rent for December 2022. In September 20,2022 we didn’t pay rent that month so now Ahsante paid for a chain link fence them on rollers putting the gate in front of the garbage area the gate that was up before was barely hanging on Ahsante also welded it on now this job is around a $7000 job and Ahsante told him that he would do it for $4000 so that can go to our rent starting in November,December,January 2023 and February was supposed to be free rent for us. Then Charle went an filed a eviction on us and we only know cause a neighbor told us he told him he was evicting us,my husband told him if hes not putting the $4000 toward our rent then he back billed him for that $4000 which Charles told him he wasn’t going to ever pay him. Charles wouldnt take no more of our money towards our rent so on the 9th of January 2023 he served me by putting a eviction notice on our door never gave us a pay rent or quite and he had us served thru the mail service that put it on our door at 9pm at night. We had 7 seven days to answer and we did but Im wanting to know if there’s anything else I could do like right now in my furnish closet it has no ceiling in it and there are alot of problems with these apts they really need to be upgraded and Charles is only the Landlord the owner stays in California. Ahsante found out that they had to not that they cant rent none out until they fix them up and they arent fixing nothing and still renting them out how do I find out if if that is true?what all can we do about this?
Thanks for the awesome blog, it is very helpful.
Can a landlord in newy York state resell water for a profit legally in a split system
I live in a small town that requires state law of removing snow, ice, now mud in out drive-thru of trailer park. I have contacted the landlady about the issues. she still doesn’t want to get cleaned up, These drive-thru’s are used for emergecerie exits, for fire, ECT… have told her about this issues several times with no results. I also told her that if these emerganceies vehciles can’t get thru, it would be a big fine. I have wrote out a petitions to get her moving, only to find out that her husband is going thru health issues.
Do I continue with the petition that is signed by other tenants, to get cleaned, cleared to get some results of snow, ice removal.
I am also an elderly, with health issues of my own, can’t shovel snow n ice away, not even suppose do any lifting any kind.
What more can I do to get these issues fixed.
My Landlord is also the Homeowner. I only have 2 months left on a short 9 month lease. My Landlord uses this home as his summer home on the lake, I lived here all winter and have to move again by 6/1. My LL “LandLord” has family on the same lake and my LL contacted me that his Sister in Law wants to move some Furniture in and out. I have my belongings in every room and I have elderly cats that are my Fur-babies who have their beds set up, window spots and more. I moved from 5 years of caring for My Mother with Alzheimers and I have 3 storage units and the Rental garage is full along with the Home! I did text to LL Sister in Law that it would be inconvenient for me and that Ill be moving in 1 month. I explained my situation and that I literally have no where to put all my boxes, bags, and more that I had to move myself and have not been able to have Peace in years and this really bothers me. 🙁 Plus I feel so uncomfortable, I have C-PTSD from being Stalked, Harassed and Assaulted by a neighbour 6 years ago. It’s difficult for me to allow people in my space, I am a very private person.
Thank You
We want to install an alarm system in our daughters apartment but the complex is telling us we have to use a certain company b/c their equipment is already there but it wasn’t in the lease agreement that we had to use them. Can they make us use them?
I have a neighbor who is trying to say I do not reside at my property. I have lived there for 40 years and own the homes on it and the land. This man is desperate to get my property by any means he can including running me off. This neighbor calls all the government agency’s and tries to see if I am in violation of any rules. The only one he thinks he can get me in trouble with is legal residency only because I spend time at my boyfriend’s home in addition to my own (he lives 5 miles from my place). I am at my home every single day and it is my legal residence. I have cats that live indoors only and I have a horse stable, pasture with a horse that I care for daily. I have done for 40 years exactly what Florida requires for residency. The mortgage and property are in my name as are all utilities. If I spend nights with my boyfriend that should not affect my residency or does it?
I HAVE TO GET OUT OF MY LEASE. I SPOKE TO THE MANAGER SHE SAID NO WAY WITHOUT PENALTIES. WOULD NOT GIVE ME HER SUPERVISORS CONTACT. FINALLY I WAS ABLE TO SPEAK TO HER SUPERVISOR AND I WAS INFORMED I COULD GET SOMEONE TO TAKE OVER LEASE. I GOT SOMEONE AND THE MANAGER TALKED THEM OUT OF IT BY GIVING THEM DIFFERENT INFO THEN I WAS GIVEN.
I NEED TO BREAK MY LEASE AND I TALKED TO MANAGER. SHE SAID NO WAY TO DO IT AT ALL. I ASKED HER FOR HER SUPERVISORS NAME, SHE REFUSED TO GIVE IT TO ME . I FINALLY WAS ABLE TO GET A CONTACT OFF OF THE INTERNET AND HER SUPERVISOR TOLD ME I COULD TRY TO GET SOMEONE TO TAKE OVER LEASE. I DID AND THE MANAGER TALKED THEM OUT OF IT BY GIVING THEM DIFFERENT INFO THEN I WAS GIVEN
I feel the same way. The landlady don’t fix anything in my rental space. Carpet was filthy since we got here, ceiling fans broke, some windows don’t open, have doors and windows that don’t have screens in them, backyard is a huge mess from other tenants and workers too.
I consider my place a dump.
Hello, I currently rent my condo/apartment from a landlord that owns the unit which is part of an HOA, and I am wondering if I have the right to sue or prevent eviction due to bad wiring in the unit, no smoke detectors, and a faulty water heater and stove, as well as a dishwasher that has pieces breaking off because of how old it is. I am currently the sole provider for me and my fiancé who is not able to work due to disabilities and mental illness, so I am always late on rent and only able to pay partially until I get my next check two weeks later to pay the rest along with extra to cover some of the late fees. But I am worried That I might get an eviction notice at any time and I don’t know if I can fight it due to the safety issues that we have been dealing with in our unit for almost 5 years now plus in the summer we have an infestation of bugs and roaches that can get through an almost half an inch gap in our front and back door that also causes high utility bills due to loss of air conditioning in the summer and heat in the winter. I have already had the landlord replace water heater but still have issues and have complained about the infestation and stove yet still are waiting for any resolution on this. I am always worried that the stove which has only two burners out of four that’ll work but burn red hot might cause some type of fire as well as the wiring in this place is always causing breakers to fail and trip and the fact that we have no smoke detectors is a cause of concern. So just wondering that if I am served a Eviction notice, if I have any way to fight it?
What can you do if your landlord( fake )does nothing for seven years you lived in the house and when you move he trying to charge us for damages he should’ve taken care of like the gutters how do you try to make me pay for the gutters wow