The lease is a legal contract and the basis for all disputes and disagreements between the landlord and the tenants. In times of trouble, it is often necessary to remind tenants of the conditions stipulated in the contract, and it is also a very effective way of dealing with the problem.
Both parties signed the legal document. The tenant may not ignore the terms and conditions of a signed lease, or imply that he does not understand it. It is good for a landlord to patiently explain the terms and conditions to a disabled or illiterate tenant.
The research found that three in ten tenants are less desirable. The most common complaint is that tenants do not pay their rent on time:
• A landlord can mail a reminder to the tenant about the back rent and then call if the renter doesn’t respond;
• The landlord may notify the tenant that late rent charges will be imposed;
• In case the tenant refuses to pay or is unable to pay the rent, the landlord can take action;
• Written notice may be given to the tenant as a last opportunity to make payment;
• The landlord can take legal action and set a court date for the eviction lawsuit.
It is important that the landlord keep all records of payments and proof of the current condition of the property.
The differences between a refundable deposit and a non-refundable deposit
A landlord may request a number of deposits. Deposits for rental houses are open for discussion. There are also protections for the return of deposits provided by law. A deposit is money that the tenant pays in advance to protect the landlord. A holding deposit is to protect the landlord if the tenant does not move out. This deposit is refundable when the tenant moves out.
The damage deposit is money paid to protect the landlord against damage caused by the tenant. If the tenant voluntarily moves out before the end of the lease, part of the deposit is non-refundable. The excess part of the damage is refundable.
The deposit requested for rental housing cannot exceed an amount equivalent to one month’s rent. If there is a written lease for a term of one year or more, the landlord may collect any amount as a damage deposit. If the landlord collects a deposit that is more than one month’s rent, the landlord must pay interest on the full amount of the deposit for as long as it is kept.
In some cases, the owners do not return the deposit, even if there was no damage. What is legally considered damage?
• Rent may be lost due to damages due to the tenant’s violation of the lease;
• The landlord claims that the tenant caused actual damage to the property, for example, if the carpet is torn.
The law requires the landlord to pay for wear and tear. The walls need to be painted every few years and the carpets need to be replaced when they wear out over time. The tenant must pay for any accidental damage caused to the property. A tenant should always clean the property before moving out. It’s still a good idea to take pictures before leaving the property. It is standard procedure for a deposit to be refunded within thirty days of the tenant moving out.
give adequate notice
Failure to give proper notice may result in the landlord suffering damages. Seven days’ notice is required on a week-to-week lease, and thirty-day notice is required on a month-to-month lease.
In the event that a tenant with a fixed-term lease wants to move out early, the tenant can arrange a sublet. A sublease is an agreement to minimize the risk of damage. The tenant moves out and rents the house to someone else. A sublease agreement must be in writing. If the lease prohibits it, the landlord’s permission is required.
Owners take the law into their own hands
Without a court order, it is wrong to deny a tenant access to the house. Some of the illegal practices include:
• The landlord pretends they have a court order to force the tenant to vacate;
• Change the locks of the house during the absence of the tenants to prevent access;
• The owner obstructs the entrance to the house;
• The landlord removes the tenant’s personal property from the home;
• Any other means used to deprive the tenant of access to the dwelling.
A tenant can get legal help if the landlord takes any of these steps. There are cases where a landlord seized a tenant’s personal property as security for back rent. In this case, a tenant can call the police since the landlord has in fact stolen the tenant’s property.
In the event a tenant moves out and leaves behind some personal property, the landlord must hold all of the property for at least fourteen days to give the tenant time to claim it. If the tenant has been evicted by court order, the landlord must keep any remaining property for three days after the date the tenant was forced to move. If the landlord stored any property and gave the tenant a reasonable time to claim it, the landlord may dispose of the property.
Be the perfect tenant
Getting a decent reference from your landlord is helpful for future references. Getting your security deposit back is just as good. Avoid disputes with your landlord by respecting the terms and conditions of the lease:
• Owners do not like to receive complaints from neighbors. Be considerate of your neighbors and keep music down or use headphones;
• Always clean up after pets to avoid bad odors;
• You are responsible for your missions. Be smart if you’re planning a party. Any damage done to the property or any complaint from the neighbors is your responsibility;
• Keep the property clean and don’t leave trash bags out for your neighbors to see;
• If you need to fix something easy and small, try to do it yourself;
• When you decide to move, give proper notice;
• Pay your rent on time.
Owners understand that situations can and do happen sometimes. If you are going to be late on your rent, give advance notice and be honest about the situation. Don’t lie to your landlord. This can cause you to lose credibility and will only make things worse in the long run.
When you’ve found your dream home, abide by the golden rules of your lease. This is a binding document that outlines his responsibilities as a tenant. Pay your rent on time. The owners want their money no later than the due date.