Archive for January, 2015

Accurate Credit Bureau Landlord Tenant Laws and Regulations Arkansas

Security Deposit:

  • Exceptions: These security deposit statutes do not apply to landlords who own five (5) or fewer dwelling units, among other conditions.
  • Security Deposit Maximum: Two (2) months rent
  • Deadline for Returning Security Deposit: 60 days
  • Nonrefundable Deposits: No Statute
  • Security Deposit Interest: No Statute
  • Separate Security Deposit Bank Account: No Statute
  • Pet Deposits and Additional Fees: No Statute, but total deposit cannot exceed two (2) months rent
  • Move-Out Checklist/Itemized List of Damages and Charges: Yes
  • Advance Notice of Withholding: No Statute
  • Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: No Statute

Lease, Rent and Fees:

  • Rent Is Due: Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless the tenant is otherwise notified in writing, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month.
  • Rent Increase Notice: No Statute
  • Rent Grace Period: 5 days
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • Returned Check Fees: Not to exceed $10-$50 depending on the reason.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No Statute
  • Tenant Allowed to Repair and Deduct Rent: No Statute
  • Landlord Allowed to Recover Court and Attorney Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Rerent: No Statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days
  • Notice to Terminate Tenancy – Week-to-Week Lease: 7 days
  • Termination for Nonpayment: 5 days unconditional quit notice, and must wait the full 5 days to start the eviction process.
  • Termination for Lease Violation: Landlord may terminate the lease agreement immediately under a variety of conditions
  • Required Notice before Entry: No Statute
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
  • Entry Allowed with Notice for Showings: Yes
  • Emergency Entry Allowed without Notice: No Statute
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Notice of Extended Absence: No Statute
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No Statute, but these are never allowed.
  • Utility Shut-offs Allowed: No Statute, but these are never allowed.
  • Consequences for Self-Help Eviction: The courts will decide damages on a case-by-case basis.
  • Abandonment of Personal Property: Upon the voluntary or involuntary termination of any lease agreement, all personal property left left behind by the tenant can be disposed of by the landlord without recourse by the lessee.

Disclosures and Miscellaneous Notes:

  • Tenant’s Duties:
    • Compliance: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
    • Cleanliness: Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
    • Trash: Dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
    • Appliances: Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
    • Lawful Activity: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and
    • Quite Enjoyment: Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
  • Domestic Violence Situations:
    • Proof of Status: Landlord is entitled to verify claim of Domestic Violence status.
    • Protection from Termination: Landlord cannot terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement with a victim of domestic violence.
    • Locks: Upon request, the landlord must change or re-key the locks at the tenant’s expense.
  • Retaliation: After receiving notice of the presence of lead hazards, no owner of any dwelling or dwelling unit shall engage in retaliatory action against an occupant of the affected dwelling or dwelling unit especially as pertains to eviction or threat of eviction because of the presence of lead hazards.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
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Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations Louisiana

Security Deposit:

  • Security Deposit Maximum: No statute
  • Security Deposit Interest: No statute
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: No statute
  • Deadline for Returning Security Deposit: One month
  • Permitted Uses of the Deposit:
    • To remedy a default of the tenant;
    • To remedy unreasonable wear to the premises.
  • Require Written Description/Itemized List of Damages and Charges: Yes
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute
  • Failure to Comply: If landlord fails to return deposit tenant may sue to recover actual damages or $200, whichever is greater.

Lease, Rent & Fees:

  • Rent Is Due: As stated in the lease, otherwise, rent is due at the beginning of each rent-paying interval.
  • Rent Increase Notice: No statute
  • Rent Grace Period: No statute
  • Late Fees: Only if stated in the rental lease
  • Prepaid Rent: No statute
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No statute
  • Tenant Allowed to Repair and Deduct Rent: Yes, tenant may make necessary and reasonable repairs and deduct the costs of the repairs from the rent if landlord fails to make the repairs within a reasonable time after demand by tenant.
  • Landlord Allowed to Recover Court and Attorney Fees: In a lawsuit over landlord’s failure to comply with deposit return requirements, the court may choose to award attorney fees to the prevailing party. For oral leases only, in a lawsuit for unpaid rent, tenant is liable for reasonable attorney fees when judgment is made in landlord’s favor.
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent:
    Statute does not reference a requirement to attempt to rerent, however, if tenant has been evicted, or if the premises are rendered uninhabitable through no fault of the tenant, the landlord shall be required to mitigate damages. (§3260)
  • Abandonment/Early Termination Fee: No statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply ends, unless the lease is extended by fact of the tenant remaining in the premises for longer than a week past the end of the lease without notice to vacate or terminate. If that happens, the lease is extended to month-to-month for leases whose term is a month or longer.
  • Notice to Terminate Tenancy – Yearly Lease with No End Date: 30-day written notice before the end of the year
  • Notice to Terminate Tenancy – Month-to-Month Lease: 10-day written notice before the end of the month
  • Notice to Terminate Tenancy – Week-to-Week Lease: 5-day written notice before the end of the week
  • Termination of Tenancy with 24 Hours Notice: No statute
  • Notice of Date/Time of Move-Out Inspection: No statute
  • Notice of Termination of Week-to-Week Leases for Nonpayment: No statute
  • Notice of Termination of All Other Leases for Nonpayment: 5-day written notice
  • Termination for Lease Violation: 5-day written notice
  • Required Notice before Entry: No statute
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute
  • Entry Allowed with Notice for Showings: No statute
  • Emergency Entry Allowed without Notice: No statute
  • Entry Allowed During Tenant’s Extended Absence: No statute
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No, if the landlord locks tenant out, puts tenant’s possessions on the street or otherwise takes the law into his or her own hands, the landlord may be liable for damages for wrongful eviction.
  • Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Notes:

  • Name and Addresses: No statute
  • Copy of the Lease: No statute
  • Domestic Violence Situations:
    • Protection from Termination: A local housing authority may not terminate a tenancy for reasons of domestic abuse, dating violence, or family violence against a tenant, but may terminate the tenancy of or any other assistance provided to the perpetrator of such abuse or violence.
  • Landlord’s Duties: 
    • Possession: Deliver possession of the premises to the tenant;
    • Maintenance: Maintain the premises in a habitable condition;
    • Quiet Enjoyment: Protect the lessee’s peaceful possession for the duration of the lease.
    • Repairs: Make all repairs necessary to maintain the premises in a habitable condition, except those for which the tenant is responsible.
  • Tenant’s Duties: 
    • Rent: Pay the rent in accordance with the agreed terms;
    • Prudent Use: Use the premises in accordance with the purpose for which it was leased;
    • Trash: Return the premises at the end of the lease in a condition that is the same as it was when possession was delivered, except for normal wear and tear.
    • Notification of Damage: Tenant is obligated to notify landlord if the premises have been damaged or requires repair, or if tenant’s possession has been disturbed by a third party.
    • Alterations Prohibited: Tenant may not make any alterations to the premises.
    • Repairs: Repair damage caused by tenant or anyone on the premises with tenant’s consent, or by tenant’s use of the premises that exceeds the normal wear and tear.
  • Retaliation: No statute
  • Lead Disclosure:  Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with a information oackage on lead-based paint hazards.

Accurate Credit Bureau tenant checks

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations Alabama

Security Deposit:

Security Deposit Maximum: Equal to 1 month’s rent
Security Deposit Interest: unknown
Separate Security Deposit Bank Account: No statute
Pet Deposits and Additional Fees: Additional deposits are allowed for pets, undoing alterations (such as handrails and ramps for the handicapped), and any specific tenant activities that increase liability risks
Deadline for Returning Security Deposit: 35 days
Lease, Rent & Fees:

Rent Increase Notice: unknown
Late Fees: unknown
Returned Check Fees: $30 plus other costs of collection
Notices and Entry:

Move-Out Inspection Notification: No statute
Eviction Notice for Nonpayment: 7 days to pay or quit
Eviction Notice for Lease Violation: 10 days to remedy or quit
Required Notice before Entry: 2 days
Entry Allowed with Notice for Maintenance and Repairs: Yes
Entry Allowed During Tenant’s Extended Absence: In excess of 14 day absence, unannounced reasonable entry is allowed
Entry Allowed with Notice for Showing the Property: Yes
Emergency Entry Allowed without Notice: Yes, within reason
Alabama rental applications,and rental leases

Accurate Credit Bureau Landlord Tenant Rental Law Georgia

Security Deposit:

  • Security Deposit Maximum: No Statute
  • Deadline for Returning Security Deposit: 30 days
  • Allowable Deductions: Landlord is allowed to deduct from the security deposit:
    • for nonpayment of rent or of fees for late payment
    • for abandonment of the premises
    • for nonpayment of utility charges
    • for repair work or cleaning contracted for by the tenant with third parties
    • for unpaid pet fees
    • or for actual damages caused by the tenant’s breach, provided the landlord attempts to mitigate the actual damages.
  • Security Deposit Interest: The landlord does not have to place the deposit in an interest-bearing account nor does the landlord have to pay interest to the tenant.
  • Separate Security Deposit Bank Account: Landlord is required to place the security deposit in an escrow account and to notify the tenants in writing of the location of the escrow account.This is not applicable to owners and family members who collectively own ten or fewer rental units, unless those units are managed by a third party for a fee.
  • Nonrefundable Fees: Allowed, but they must not be part of the security deposit.
  • Application Fees: Allowed I recommend Accurate Credit Bureau for tenant screening services.
  • Pet Deposits and Additional Fees: Allowed
  • Require Written/Signed Move-In Checklist: If owner and family own ten or fewer rental units, prior to collecting a security deposit, the owner shall give the tenant a comprehensive list of any existing damage to the premises. The tenant shall have the right to inspect the premises to confirm the accuracy of the list prior to taking occupancy.  This is not applicable to owners and family members who collectively own ten or fewer rental units, unless those units are managed by a third party for a fee.
  • Require Itemized List of Move-Out Damages and Charges: Within three business days after the date of the termination of occupancy, the landlord shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit, along with the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within five business days after the termination of the occupancy in order to ascertain the accuracy of the list. This is not applicable to owners and family members who collectively own ten or fewer rental units, unless those units are managed by a third party for a fee.
  • Record Keeping of Deposit Withholdings: No Statute
  • Failure to Comply: The landlord forfeits any right to withhold a deposit if the money was not originally deposited in an escrow account, or if landlord did not provide move-in/move-out inspection lists. Any landlord who intentionally and wrongfully withholds a deposit may be liable for 3x the amount withheld plus attorney’s fees.

Lease, Rent & Fees:

  • When Rent Is Due: No Statute
  • Rent Increase Notice: No Statute
  • Rent Grace Period: No Statute
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • No Limit on Rent Amount: No county or municipal corporation may enact, maintain, or enforce any ordinance to regulate the amount of rent to be charged for privately owned, single-family or multiple-unit residential rental property.
  • Returned Check Fees: Yes, but the fee is not to exceed $30 or 5 percent of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution.  I recommend using Accurate Credit Bureau for tenant screening and background check(s).
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No Statute
  • Tenant Allowed to Repair and Deduct Rent: No Statute
  • Landlord Allowed to Recover Court and Attorney Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages Caused by Leasee: Yes, but there is no statute that requires the Landlord to look for a new tenant. 
  • Abandonment of Personal Property: Landlord can remove the tenants’ abandoned personal property with a formal writ of possession (court order).
  • Termination of a Service Member:
    • Specific Rules: A landlord must follow a specific process for terminating the lease of an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer.
    • Limited Liability: Any liability of the Service Member for rent under the lease may not exceed 30 days’ rent after written notice and proof of the assignment are given to the landlord; and the cost of repairing damage to the premises caused by an act or omission of the tenant.

Notices & Entry:

  • Notice to Terminate a Tenancy at Will (a Lease with No End Date): 60 days’ notice from the landlord, or 30 days’ notice from the tenant.
  • Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease:  60 days’ notice from the landlord, or 30 days’ notice from the tenant.
  • Notice to Terminate Tenancy – Week-to-Week Lease: No Statute
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Notice of Termination of All Leases for Nonpayment: Immediate lease termination. Landlord can also file for eviction immediately, however tenant has seven days to pay to avoid eviction.
  • Termination for Lease Violation: No Statute
  • Required Notice before Entry: No Statute, but 24 hours is recommended
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes, but landlord must provide prior notice – 24 hours is recommended.
  • Entry Allowed with Notice for Showings: Yes, but landlord must provide prior notice – 24 hours is recommended
  • Emergency Entry Allowed without Notice: Yes
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No. Landlord is not allowed to discontinue heat, electricity or water service, punishable by a fine not to exceed $500.

Disclosures & Miscellaneous Notes:

  • Special Tenant Rights & Restrictions: Without permission, a tenant may not cut or destroy growing trees, remove permanent fixtures, or otherwise injure the property. A tenant may use dead or fallen timber for firewood and the pasturage for his cattle.
  • Landlord Responsibility & Liability:
    • The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent.
    • Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.
  • Name and Addresses: At or before the commencement of a tenancy, and 30 days after any change, the landlord shall disclose to the tenant in writing the names and addresses of the following persons:
    • The owner of record of the premises or a person authorized to act for and on behalf of the owner for the purposes of serving of process and receiving and receipting for demands and notice; and
    • The person authorized to manage the premises.
  • Destruction of Dwelling: The destruction of a dwelling by fire or the loss of possession by any casualty not caused by the landlord does not release the tenant from the obligation to pay rent.
  • Flooding Disclosure: If any portion of the living space covered by the lease has flooded three times in the last five years, landlord must disclose this to the applicant before signing a rental lease)
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
  • Domestic Violence Situations: No Statute
  • Retaliation: No Statute

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations / Tennessee

Security Deposit:

Security Deposit Maximum: No Statute
Deadline for Returning Security Deposit: 30 days
Nonrefundable Deposits: No Statute
Security Deposit Interest: No Statute
Separate Security Deposit Bank Account: Required
Pet Deposits and Additional Fees: No Statute
Advance Notice of Withholding: Required
Move-Out Checklist/Itemized List of Damages and Charges: Yes
Joint Move-Out Inspection: Required if requested by the tenant
Record Keeping of Deposit Withholdings: No Statute
Receipt of Deposit: No Statute
Failure to Comply: No Statute

Lease, Rent and Fees:

Rent Is Due: Unless otherwise agreed, rent is due at the beginning of each month, and can be prorated day-to-day.Rent Increase Notice: No Statute

Rent Grace Period: 5 days, excluding Sundays and legal holidays.
Late Fees: Not to exceed 10% of the amount of rent past due.
Prepaid Rent: No Statute
Returned Check Fees: $30
Tenant Allowed to Withhold Rent for Failure to Provide a Habitable Dwelling: Yes, however the tenant must file a complaint to the local officials, and upon failure by the landlord to remedy the issue, the tenant is allowed to pay rent to the county for safe keeping.
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes
Tenant Allowed to Repair and Deduct Rent: Yes
Landlord Allowed to Recover Court and Attorney Fees: Yes
Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Re-rent: Yes

Notices and Entry:

Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
Notice to Terminate Tenancy – Month-to-Month Lease: 30 days
Notice to Terminate Tenancy – Week-to-Week Lease: 10 days
Notice to Terminate Tenancy for Noncompliance by Landlord: 14 days
Termination for Nonpayment: 14 days to remedy and 30 days to vacate.
Termination for Lease Violation: 30 days
Termination for Drug-related Criminal Acts or Violent Behavior: 3 days
Termination for Substance or Prostitution Violations: Immediate
Required Notice before Entry: No statute, but 24 hours is recommended.
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
Entry Allowed with Notice for Showings: Yes. Within the final thirty (30) days of the termination of the rental agreement, the landlord only needs to provide 24 hours notice if to show the property, but only if specified in the lease.
Emergency Entry Allowed without Notice: Yes
Notice of Date/Time of Move-Out Inspection: No Statute
Entry Allowed During Tenant’s Extended Absence: Yes
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No
Utility Shut-offs Allowed: If a written rental agreement requires the tenant to have utility services placed in the tenant’s name and the tenant fails to do so within three (3) days of occupancy of the rented premises, the landlord may have such utility services terminated if the existing utility service is in the name of the landlord.
Notice of Vehicle Towing: A landlord may have a vehicle towed with 10 days notice, under the following circumstances:
Flat Tire(s): One (1) or more flat or missing tires;
Dead: Unable to operate under its own power;
Broken Glass: Missing or broken windshield or more than one (1) broken or missing window;
Missing Fenders: One (1) or more missing fenders or bumpers; or
Noncompliance: Has not been in compliance with all applicable local or state laws relative to titling, licensing, operation, and registration for more than thirty (30) days.
Notice of Extended Absence: If specified in the rental agreement, the tenant must give notice to the landlord of any absence of 7 days or longer. If the tenant fails to do so, the tenant can be held responsible for any damages resulting from his/her absence.
Abandonment of Premises: Landlord can assume abandonment by the tenant if either:
The tenant’s unexplained or extended absence from the premises for thirty (30) days or more without payment of rent as due shall be enough evidence of abandonment, or
The tenant’s nonpayment of rent for fifteen (15) days past the rental due date, together with other reasonable factual circumstances indicating the tenant has permanently vacated the premises.
Abandonment of Personal Property:
10 Days: The landlord must notify and give the tenant 10 days to claim the personal property.
Relocation of Belongings: If tenant fails to contact the landlord, the personal property can be removed from the premise, but stored for not less than 30 days.
Sale or Dispose of: After 30 days, the landlord may sell or otherwise dispose of the tenant’s possessions and personal effects and apply the proceeds of the sale to the unpaid rents, damages, storage fees, sale costs and attorney’s fees.

Landlord Duties & Maintenance:

Compliance: Comply with building and housing codes materially affecting health and safety;
Repairs: Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
Common Areas: Keep all common areas of the premises in a clean and safe condition; and
Trash: In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points.

Tenant’s Duties:

Compliance: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
Cleanliness: Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises when the tenant took possession;
Trash: Dispose from the tenant’s dwelling unit all ashes, rubbish, garbage, and other waste to the designated collection areas and into receptacles;
Lawful Activity: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so; and shall not engage in any illegal conduct on the premises; and
Quiet Enjoyment: Act and require other persons on the premises, with the tenant’s or other occupants’ consent, to act in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.
Name and Addresses: Before a lease begins, the owner must disclose the name and address of the landlord, property owner, and anyone authorized to manage the property or allowed to receive notice on the owner’s behalf.
Written Tennessee Rental Leases: Required for Tennessee rental agreements more than 3 years in duration.
Fair Housing:
Physically Disabled: Special rules apply to physically disabled persons’ access to housing.
Blind persons: Special rules apply to leasing to blind persons.
Notification by Email: If the tenant provides an email address in the rental agreement, any notification required to be sent to the tenant may be sent by email unless otherwise specified by other statutes.
House Rules and Regulations: A landlord has the right to create rules and regulations at any time, under certain circumstances.
Domestic Violence Situations: No Statute
Retaliation: A landlord must not terminate, refuse to renew a lease, or fine a tenant for complaining to the landlord regarding the deposit, complaining to a government agency, or exercising a legal right.
Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations North Carolina

Security Deposit:

  • Security Deposit Maximum: Not to exceed two weeks’ rent if a tenancy is week-to-week, one and one-half months’ rent if a tenancy is month-to-month, and two months’ rent for terms greater than month to month.
  • Deadline for Returning Security Deposit: 30 days, unless the landlord needs more time to evaluate the damage, upon which an interim notice may be sent within 30 days, with a final determination within 60 days.
  • Security Deposit Interest: No Statute
  • Separate Security Deposit Bank Account: 
    • Landlord is required to deposit the funds into a trust account with a licensed and insured bank or savings institution in the State of NC, or furnish a bond from an insurance company licensed to do business in NC.
    • The landlord must notify the tenant within 30 days after the beginning of the lease term of the name and address of the bank or institution where his deposit is currently located or the name of the insurance company providing the bond.
  • Pet Deposits: A reasonable non-refundable pet deposit is allowed
  • Advance Notice of Withholding: No
  • Move-Out Checklist/Itemized List of Damages and Charges: Yes
  • Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: No Statute

Lease, Rent and Fees:

  • Rent Is Due: No Statute
  • Rent Increase Notice: No Statute
  • Rent Grace Period: 5 days
  • Late Fees:
    • If rent is due in monthly installments, the landlord may charge a late fee of $15.00 or five percent (5%) of the monthly rent, whichever is greater.
    • If rent is due in weekly installments, the landlord may charge a late fee of $4.00 or five percent (5%) of the weekly rent, whichever is greater.
  • Prepaid Rent: No Statute
  • Additional Fees: Some fees are allowed.
  • Returned Check Fees: $25.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No Statute
  • Tenant Allowed to Repair and Deduct Rent: No Statute
  • Landlord Allowed to Recover Court and Attorney Fees: No
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Rerent: No Statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Year-to-Year Lease: One month or more before the end of the current year of the tenancy.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 7 days
  • Notice to Terminate Tenancy – Week-to-Week Lease: 2 days
  • Notice to Terminate Tenancy – The Leasing of a Space for a Manufactured Home: 60 days
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Termination for Nonpayment: 10 days
  • Termination for Lease Violation: Immediately
  • Required Notice before Entry: No Statute, but 24 hours is recommended
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No Statute
  • Entry Allowed with Notice for Showings: No Statute
  • Emergency Entry Allowed without Notice: No Statute
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No
  • Self-Help Evictions: If a tenant is unlawfully evicted, the landlord is liable for the actual damages incurred to the tenant.
  • Abandonment of Personal Property: Personal property is considered abandoned 5-7 days after lawful repossession of the property and formal written notice to the tenant.

Disclosures and Miscellaneous Notes:

  • Domestic Violence Situations:
    • Proof of Status: Landlord is entitled to verify claim of Domestic Violence status.
    • Protection from Termination: Landlord cannot terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement with a victim of domestic violence.
    • Early Termination Rights: A tenant is allowed to terminate a lease with 30 days written notice and proof of Domestic Violence status.
    • Locks: Upon request, the landlord must change or re-key the locks at the tenant’s expense within 48-72 hours depended on the situation.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
  • Retaliation: For 12 months thereafter, a landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority, been involved in a tenant’s organization, made a good faith complaint, or exercised a legal right. Other actions are prohibited.
    North Carolina free rental applications rental leases and tenant screening services.

 

Accurate Credit Bureau Landlord Tenant Laws and Regulations Kentucky

Kentucky
Security Deposit:

  • Security Deposit Maximum: No Statute
  • Deadline for Returning Security Deposit: 30 days for unpaid rent, 60 days from date of notification if tenant does not file a claim/dispute.
  • Nonrefundable Deposits: No Statute
  • Security Deposit Interest: No Statute
  • Separate Security Deposit Bank Account: Required. Tenants shall be informed of the location of the separate account and the account number. No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in a separate account.
  • Pet Deposits and Additional Fees: No Statute
  • Move-In Disclosure: A prospective tenant shall be presented with a comprehensive listing of any then-existing damage to the unit which would be the basis for a charge against the security deposit.
  • Move-Out Checklist/Itemized List of Damages and Charges: Required
  • Advance Notice of Withholding: Required. The tenant also has a right to inspect the premise after receiving the itemized list of damages to verify the accuracy.
  • Record Keeping of Deposit Withholding’s: No Statute
  • Receipt of Deposit: No Statute

Lease, Rent and Fees:

  • Rent Is Due: Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is due at the beginning of each month, and apportionable day-to-day.
  • Default Term: Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case of a tenant who pays weekly rent, and in all other cases month-to-month.
  • Rent Increase Notice: No Statute
  • Rent Grace Period: No Statute
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • Returned Check Fees: $50
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes
  • Tenant Allowed to Repair and Deduct Rent: Yes, if the cost of the repair is less than $100 or 1/2 of the monthly rent, and the landlord is given 14 days notice but does not remedy the issue.
  • Landlord Allowed to Recover Court and Attorney Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Rerent:
    Kentucky tenant screening, rental leases and rental applications

Notices and Entry:

  • Definition of Notice:
  • Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days
  • Notice to Terminate Tenancy – Week-to-Week Lease: 7 days
  • Termination for Nonpayment: 7 days to remedy or quit
  • Termination for Lease Violation: 15 days to remedy or quit. Repeating offenders for the same violation within 6 months, having already received notice once before, can be given an unconditional quit notice.
  • Termination under Labor Contract: When a tenant enters or holds premises by virtue of a contract in which it is stipulated that he is to labor for his landlord, and he fails to begin to labor, or if, having begun, without good cause fails to comply with his contract, his right to the premises shall at once cease, and he shall abandon them without demand or notice.
  • Required Notice before Entry: 2 days, and landlord may only enter premise at reasonable times.
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
  • Entry Allowed with Notice for Showings: Yes
  • Emergency Entry Allowed without Notice: Yes
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Notice of Extended Absence: If specified in the rental agreement, the tenant must give notice to the landlord of any absence of 7 days or longer. If the tenant fails to do so, the tenant can be held responsible for any damages resulting from his/her absence.
  • Entry Allowed During Tenant’s Extended Absence: Yes
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No
  • Consequences for Self-Help Eviction: 3 months periodic rent, reasonable attorney’s fees, and the return of any prepaid rent.

Disclosures and Miscellaneous Notes:

  • Landlord Duties & Maintenance: 
    • Compliance: Comply with the requirements of applicable building and housing codes materially affecting health and safety;
    • Repairs: Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
    • Common Areas: Keep all common areas of the premises in a clean and safe condition;
    • Maintenance: Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him; and
    • Heat: Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1 except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
  • Tenant’s Duties:
    • Compliance: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
    • Cleanliness: Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
    • Trash: Dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
    • Appliances: Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
    • Lawful Activity: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and
    • Quite Enjoyment: Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
  • Name and Addresses: Before a lease begins, the owner must disclose the name and address of the landlord, property owner, and anyone authorized to manage the property or allowed to receive notice on the owner’s behalf.
  • House Rules and Regulations: A landlord has the right to create rules and regulations at any time, under certain circumstances.
  • Domestic Violence Situations: No Statute
  • Retaliation: For 1 year thereafter, a landlord must not terminate, refuse to renew a lease, or fine a tenant for complaining to the landlord for complaining to a government agency, or being involved in a tenant’s organization, otherwise retaliation will be assumed.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.