Archive for January, 2015

Accurate Credit Bureau Landlord Tenant Law and Regulations Michigan

Security Deposit:

  • Security Deposit Maximum: Not to exceed 1 1/2 months’ rent
  • Security Deposit Interest: Not required
  • Separate Security Deposit Bank Account: Not required, but deposit funds must be deposited in a regulated financial institution.
  • Pet Deposits: No statute
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: 30 days
  • Permitted Uses of the Deposit: A security deposit may only be used for:
    • Reimbursing landlord for actual damages directly resulting from conduct not reasonably expected through normal wear and tear;
    • Paying the landlord for all late rent owed, rent due for premature termination of the rental agreement by the tenant and for utility bills not paid by the tenant.
  • Require Written Description/Itemized List of Damages and Charges:Yes. Within 30 days of move-out, landlord must mail an itemized list of claimed damages, including the estimated cost of repair of each damaged item, along with a check or money order for the difference between the claimed damages and the original deposit amount. See the statute for details of the notice landlord is required to include notifying tenant that any dispute of claimed damages must be made within seven days or tenant forfeits the amount withheld for damages.
  • Record Keeping of Deposit Withholding’s: Required as part of statutory move-in/move-out process. Landlord is prohibited from withholding any damages from a tenant’s deposit that were claimed on a previous tenant’s move-out checklist, and must notify each tenant that he or she is entitled to a copy of the previous tenant’s move-out checklist that includes claimed damages.
  • Receipt of Deposit: Receipt not required, but within 14 days of move-in landlord must provide tenant in writing the name and address of the financial institution where deposit is held and the name and mailing address of the landlord.
  • Tenant Response to Notice of Damages: Tenant may contest claimed damages. If landlord claims damages and gives notice as required, tenant must respond by mail to the landlord within seven days either to agree or disagree in detail with the claimed damages. Failure to do so forfeits the portion of the deposit withheld.
  • Money Judgment for Claimed Damages: Required in some circumstances. If tenant contests the claimed damages landlord is required within 45 days of move-out must either sue for a money judgment in court, file with the court proof of an inability to obtain service on the tenant, or return the withheld portion of the deposit. Seeking a money judgment is not required if tenant has failed to provide a forwarding address or failed to respond to the notice of damages, if landlord and tenant have agreed in writing with respect to the withheld portion of the deposit, or if the amount claimed is based entirely on unpaid rent up to the actual rent for any full rental period.
  • Failure to Comply: If landlord fails to notify tenant of claimed damages within 30 days of move-out, landlord is considered to have agreed that no damages are due and must immediately return the full deposit. If landlord fails to seek money judgment in court for contested deposit withholding’s as required, landlord is considered to have waived all claimed damages and becomes liable to the tenant for double the amount of the security deposit withheld.

Lease, Rent & Fees:

  • Rent Is Due: As stated in the lease
  • Rent Increase Notice: No statute
  • Rent Grace Period: No statute
  • Late Fees: No statute
  • Prepaid Rent: No statute
  • Returned Check Fees: $25.00 if paid within seven days and $35 if paid within 30 days
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): If an enforcement agency determines that conditions hazardous to health or safety exist within the premises, and the tenant has not caused the conditions, and a reasonable amount of time has passed following notification for the landlord to remedy, then tenant may pay rent into an escrow account established by the agency, rather than to the landlord. The agency may pay escrow account funds to the landlord to defray the cost of correcting the violations, but must return unspent escrow funds in the event that the tenant moves out prior to the repairs being made.
  • Tenant Allowed to Repair and Deduct Rent: No statute, but tenant’s right to repair and deduct rent in Michigan was established.
  • Landlord Allowed to Recover Court and Attorney Fees: Limited amounts recoverable, and leases may not include any provision for recovering legal costs or attorney’s fees beyond that which is permitted by statute.
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No statute, but case law mandates that the landlord make an effort.
  • Abandonment/Early Termination Fee: No statute

Notices and Entry:

  • Notice to Terminate Tenancy – Yeat-to-Year Lease with No End Date:One-year notice
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30-day notice
  • Notice to Terminate Tenancy – Week-to-Week Lease: Seven-day notice
  • Notice of Termination for Nonpayment: Seven-day written notice
  • Termination for Property Damage, Health Hazard, Physical Violence or Threat of Violence by Tenant: Seven-day written notice
  • Termination of Tenancy with 24 Hours Notice: 24-hours written notice to quit may be given if a tenant does not move out after a lease is terminated due to a termination-triggering lease violation for illegal drug-related activity on the leased premises. Landlord must first file a formal police report alleging the drug-related activity.
  • Move-in/Move-Out Checklists: Required. Upon move-in, landlord must provide tenant with two copies of an inventory checklist that includes all items in the unit owned by the landlord. Within one week of move-in, tenant must review the checklist, note the condition of the property and return one copy to the landlord. Tenant is also entitled to a copy of the completed move-out checklist from the most recent tenant.
  • Notice of Forwarding Address: If, within four days of move-out, tenant fails to notify landlord in writing of a new mailing address for the tenant, landlord is relieved from having to notify tenant of damages. However, for the above provision to take effect, the landlord must have notified the tenant of the provision in writing within 14 days of move-in, otherwise, the tenant is not obligated to notify landlord of a forwarding mailing address.
  • Notice of Date/Time of Move-Out Inspection: Notice not required, but landlord must complete the move-out checklist at the end of the tenancy and list all damages claimed to have been caused by the tenant.
  • Required Notice before Entry: No statute
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Allowed only as necessary on a temporary basis to make needed repairs or for inspection as provided by law. Statute does not specify requirement for notice.
  • Entry Allowed with Notice for Showings: No statute
  • Emergency Entry Allowed without Notice: No statute
  • Entry Allowed During Tenant’s Extended Absence: A landlord who believes in good faith that a tenant has abandoned the premises and does not intend to return may enter only after diligent inquiry and only if rent has not been paid.
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Rental agreement must state the landlord’s name and address.
  • Copy of the Lease: No statute
  • Domestic Violence Situations:
    • Proof of Status: A tenant who reasonably fears for his or her safety or that of the tenant’s child due to domestic violence, sexual assault or stalking, may be released from rent payment obligations after providing the landlord with a written statement that must include one of several written documents. These documents may include a protective order removing an abusive person from a home, a probation or other release order in effect at the time of the statement that restricts the individual from contact with the tenant or child of the tenant, or a written police report that has resulted in the filing of charges.
    • Protection from Termination: No statute
    • Early Termination Rights: Tenant is released from an obligation to pay rent no later than the first day of the second month that rent is due after notice is given, and only after the tenant has vacated the premises. See the statute for the recommended text of the written statement that tenant must provide landlord and that must be verified by a qualified third-party, such as a sexual assault or domestic violence counselor, health or mental health professional, or member of the clergy.
    • Locks: No statute
    • Notification of Rights: Landlord must notify tenants that they may have statutory rights to seek a release of rental obligations if they have reasonable fear of domestic violence, sexual assault, or stalking. If notification is not included in the lease agreement itself, it must be posted visibly in the rental management office or delivered in writing when the lease is signed.
  • Landlord Duties:
    • Covenant of Habitability: In every residential lease, the landlord promises that the rental and all common areas are fit for the intended use.
    • Repairs & Code Compliance: Landlord promises to keep the premises in reasonable repair and to comply with applicable health and safety laws, except when the disrepair or code violation has been caused by the tenant’s willful or irresponsible conduct or lack of conduct.
  • Retaliation: Tenant may block an attempted eviction by establishing that the eviction was intended primarily as a penalty for the tenant’s attempt to assert rights under the lease or under the law, for the tenant complaining to a governmental authority of a health or safety code violation by the landlord, or as retribution for membership in a tenant organization. Other actions also may allow a tenant to block an eviction. See the statute for more information.
  • Radon Testing: 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 an information packet on lead-based paint hazards.
  • Truth in Renting Act Disclosure: A rental agreement must prominently include notification of the Michigan Truth in Renting Act.

Accurate Credit Bureau Landlord Tenant Laws and Regulations Wisconsin

Security Deposit:

  • Security Deposit Maximum: No Limit! 
  • Security Deposit Interest: No
  • Separate Security Deposit Bank Account: No
  • Pet Deposits and Additional Fees: No separate pet deposit needed since there is no limit on what you can charge for a security deposit.  Landlords can charge up to $20 to a tenant to perform a background/credit check
  • Deadline for Returning Security Deposit: 21 days after either the date on which the tenant’s rental agreement terminates or the date on which a new tenant’s tenancy begins if the landlord re-rents the premises before the tenant’s rental agreement terminates.
  • Receipt of Deposit: Written Receipt is required if the deposit is paid for in cash, or if requested by the tenant.
  • Require Written Description / Itemized List of Damages and Charges:Yes
  • Record Keeping of Deposit Withholdings: No Statute

Lease, Rent & Fees:

  • Rent Increase Notice: 28 days notice for a Month-to-Month lease
  • Late Fees: Allowed, but all fees must be disclosed in the lease.
  • Prepaid Rent: Any rent payment that is more than one month’s prepaid rent is considered to be a security deposit. Nothing in the rules prevents a landlord from collecting more than one month’s rent as security.
  • Returned Check Fees: No Statute
  • Receipt of Rent: Written receipt is required if tenant pays rent with cash.
  • Pre-examination and Copies of Lease: Rental agreements and rules and regulations established by the landlord, if in writing, shall be furnished to prospective tenants for their inspection before a rental agreement is entered into, and before any earnest money or security deposit is accepted from the prospective tenant. Copies shall be given to the tenant at the time of agreement.
  • Automatic Lease Renewal: Tenants with a yearly lease must be reminded at least 15 to 30 days in advance of the landlord automatically renewing or extending the lease – assuming there is a provision in the lease.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Shelter, Water, Heat, etc.): Yes, if the property is severely damaged or uninhabitable
  • Tenant Allowed to Repair and Deduct Rent: No Statute
  • Self-Help Evictions: No
  • Landlord Allowed to Recover Court and Attorney’s Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes

Notices and Entry:

  • SUMMARY: A tenant has 5 extra days to pay after it is due, then you can give them a Notice to Terminate (pay or vacate) which varies slightly depended on the type of the lease.
  • Notice to Terminate a Month-to-Month Lease: 28 days
  • Notice to Terminate for Non-Payment or Breach of Lease – Week-to-week: 5 days
  • Notice to Terminate for Non-Payment or Breach of Lease – Month-to-Month: 14 days
  • Notice to Terminate for Non-Payment or Breach of Lease – Yearly Lease: 14 days
  • Notice to Terminate for Non-Payment or Breach of Lease – Lease longer than a Year: 30 days
  • Notice of date/time of Move-Out Inspection: No Statute
  • Required Notice before Entry: 12 hours, but can be shorter if tenant agrees
  • Entry Allowed with Notice for Maintenance and Repairs: 12 hours, but can be shorter if tenant agrees
  • Emergency Entry Allowed without Notice: Yes
  • Entry Allowed During Tenant’s Extended Absence: Yes
  • Notice to Tenants before Pesticide Use: 12 hours, except in Madison which is 24 hours
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Rules:

  • Information Check-in Sheet: Landlord must provide a new residential tenant a check-in inspection sheet at the beginning of occupancy. Tenant has 7 days to complete and return it to the Landlord.
  • Check-in Procedures: Tenants who pay a security deposit have 7 days from the start-date of the rental agreement to inspect the property for previous damages. Tenants should provide a written list of damages to their landlords, and keep a copy of the list for their personal records. Photos are also recommended. A tenant may also request a list of physical damages or defects, if any, charged to the previous tenant’s security deposit. The landlord may require the tenant to make this request, if any, in writing.
  • Pre-existing Damages: If a tenant makes a request, the landlord shall provide the tenant with a list of all physical damages or defects charged to the previous tenant’s security deposit, regardless of whether those damages or defects have been repaired. The landlord shall provide the list within 30 days after the landlord receives the request, or within 7 days after the landlord notifies the previous tenant of the security deposit deductions, whichever occurs later. The landlord may explain that some or all of the listed damages or defects have been repaired, if that is the case. The landlord need not disclose the previous tenant’s identity, or the amounts withheld from the previous tenant’s security deposit.
  • Special Treatment: A landlord cannot end or refuse to renew your tenancy based upon the fact that you or a member of your household is a victim of a documented act of domestic violence, sexual assault, or stalking.  A landlord may not evict a tenant solely because of their status as a victim of domestic violence, sexual assault, or stalking.  Landlords are still allowed to evict anyone because of non-payment or a lease violation.
  • Termination of Tenancy for Imminent Threat: Landlord and Tenant may terminate a tenancy if a tenant or a child of the tenant faces an imminent threat of serious physical harm from another person if the tenant remains on the premises.
  • Locks: Landlord must change the locks within 48 hours of tenant providing a certified copy of an injunction or criminal complaint in which the tenant is in jeopardy.  The tenant is responsible for the cost of changing the locks.
  • Abandoned Personal Property:  If a tenant leaves behind personal property, the landlord may presume, in the absence of a written agreement between the landlord and the tenant to the contrary, that the tenant has abandoned the personal property and may dispose of the abandoned personal property in any manner that the landlord, in his/her sole discretion, determines is appropriate. If landlord sells or auctions any of the tenant’s personal property, the proceeds must be given to the Wisconsin Department of Administration, which uses the money to help feed the homeless
  • Pesticide Use: Wisconsin’s pesticide law also requires that pesticide applicators provide residents with certain information at the time of the application. The information must be in writing and it should be left with an adult at the residence or placed near the entrance to the dwelling.
    Residents must be told:

    • The applicator’s name, address and license number.
    • A phone number that the resident can call for more information on the application.
    • The brand name, product name or common chemical name of the pesticide applied.
    • Amount of pesticide used and area treated or the concentration and total quantity of each pesticide applied.
    • Any needed precautions such as how long to stay out of the treated area. If residents cannot enter the treated area, the applicator must also post a warning sign.
    • The date and approximate starting and ending time of the application.
    • Notice that a copy of the label is available upon request.
  • Retaliation: A residential landlord may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is evidence that the action or inaction would not occur but for the landlord’s retaliation against the tenant for doing any of the following:
    • Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency.
    • Complaining to the landlord about a violation of s. 704.07 or a local housing code applicable to the premises.
    • Exercising a legal right relating to residential tenancies.
    • Note:  A landlord may bring an action for possession of the premises if the tenant has not paid rent
  • Code Violations and Conditions Affecting Habitability. Before entering into a rental agreement or accepting any earnest money or security deposit from the prospective tenant, the landlord shall disclose any code violations and conditions affecting habitability.
  • Identification of Landlord or Authorized Agents: Landlord shall disclose the names and addresses of all persons authorized to receive rent, manage the property, or have ownership in the property.

Accurate Credit Bureau Minnesota Landlord Tenant Laws and Regulations

Security Deposit:

  • Security Deposit Maximum: No Statute
  • Security Deposit Interest: Landlord is required to give the tenant interest on the security deposit in the amount of one percent per year, calculated from the first day of the next month following the full payment of the deposit to the last day of the month that the landlord returns the deposit.
  • Separate Security Deposit Bank Account: No Statute
  • Pet Deposits and Additional Fees: No Statute
  • Deadline for Returning Security Deposit: Within 21 days after termination of the tenancy; or within five days of the date  the tenant vacates the building or dwelling due to the legal condemnation of the property.
  • Require Written Description / Itemized List of Damages and Charges: Yes
  • Length of Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: No Statute
  • Failure to Comply: If Landlord fails to comply with Minnesota statues, Landlord must return the full deposit with interest, as well as a penalty equal to the amount withheld. If landlord withholds the deposit in “bad faith”, landlord may also be subject to a $500 fee. 
  • Sale/Transfer of Property: If landlord’s interest in the property is terminated, landlord has 60 days to return or account for the deposit to the tenant.
  • Deposit Used as Last Month’s Rent: No tenant shall use the deposit to pay for last month’s rent.

Lease, Rent & Fees:

  • Rent Is Due: No Statute
  • Rent Increase Notice: Landlord must give written notice, one rental period plus one day prior to the change.
  • Rent Grace Period: No Statute
  • Late Fees: Allowed if agreed to in the lease, but cannot exceed 8% of the overdue rent payment.
  • Prepaid Rent: No Statute
  • Returned Check Fees: No Statute
  • Receipt for Rent: Landlord is required to give a receipt if the tenant pays in cash.
  • Screening Fee Allowed: Yes, as long as it is “reasonable” and is used to perform a background check on the applicant for an existing and available unit.
  • Written Rental Lease Required: A landlord of a residential building with 12 or more residential units must have a written lease for each unit rented to a residential tenant.
  • Copy of the Lease: The landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions thereto.
  • Automatic Lease Renewals: Allowed, but with some restrictions.
  • Subleasing:  Allowed unless prohibited in the lease. The original tenant is still responsible for any damages or unpaid rent.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, but the rent money must be put in an escrow account and follow the rules in Minnesota statues.
  • Tenant Allowed to Repair and Deduct Rent: Yes, with a Judgement
  • Landlord Allowed to Recover Court and Attorney Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No Statute

Notices and Entry:

  • Notice to Terminate Tenancy – Lease w/ Fixed End Date: No Statute. The rental lease simply terminates as scheduled. Automatic Lease Renewals are allowed, but with some restrictions.
  • Notice to Terminate a Tenancy at Will (incl. Monthly Leases): The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less.
  • Notice to Terminate a Tenancy at Will for Non-Payment (incl. Monthly Leases): If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may terminate the tenancy by giving the tenant 14 days notice to quit in writing.
  • Termination for Lease Violation: No Statute
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Entry Allowed with Notice for Business, Maintenance, and Repairs (non-emergency): Yes, but landlord must give “reasonable notice”
  • Examples of Entry for Reasonable Business Purposes:
    • Showing the unit to prospective tenants.
    • Showing the unit to a prospective buyer or insurance agent.
    • Performing maintenance work.
    • Showing the unit to state or local officials (i.e., fire, housing, health, or building inspectors) inspecting the property.
    • Checking on a tenant causing a disturbance within the unit.
    • Checking on a tenant the landlord believes is violating the lease.
    • Checking to see if a person is staying in the unit who has not signed the lease.
    • Checking the unit when a tenant moves out.
    • Performing housekeeping work in a senior housing unit. A senior housing unit is a building where 80% of the tenants are age 55 or older.
  • Emergency Entry Allowed Without Notice: Yes, immediate entry is allowed when it is necessary to necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement; when it is necessary to determine a residential tenant’s safety; or when it is necessary in order to comply with local ordinances regarding unlawful activity occurring within the residential tenant’s premises.
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Entry Without Tenant’s Presence: If the landlord enters when the residential tenant is not present and prior notice has not been given, the landlord shall disclose the entry by placing a written disclosure of the entry in a conspicuous place in the premises.
  • Penalty for Failure to Give Proper Notice: Consequences can be severe for the landlord, including termination of the lease, rent reduction, and/or a $100 civil penalty per occurrence.
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No
  • Cold Weather Notice: Except by lease expiration, between November 15 and April 15 a tenant must give at least 3 days notice before abandoning or vacating so the landlord can winterize the property.

Disclosures and Miscellaneous Notes:

  • Landlord Responsibilities
    1. Fit for Use: To ensure that the premises and all common areas are fit for the use intended by the parties;
    2. Maintenance: To keep the premises in reasonable repair during the term of the lease or license, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee;
    3. Energy Efficiency: To make the premises reasonably energy-efficient by installing weather-stripping, caulking, storm windows, and storm doors when any such measure will result in energy procurement cost savings, based on current and projected average residential energy costs in Minnesota, that will exceed the cost of implementing that measure, including interest, amortized over the ten-year period following the incurring of the cost; and
    4. Comply with Laws: To maintain the premises in compliance with the applicable health and safety laws of the state, and of the local units of government where the premises are located during the term of the lease or license, except when violation of the health and safety laws has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee.
  • Disclosure of Tenant Handbook: Landlords are required to notify residential tenants that the Minnesota Landlord Tenant Handbook is available to them.
  • Disclosure of Orders: Before signing a lease, paying rent, or paying a security deposit, a prospective tenant must be given a copy of all outstanding inspection and condemnation orders and declarations.
  • Unlawful Activity: If tenant participates in unlawful activity as described in Minnesota Statue the tenant loses his/her right to possession of the premise, but may still be obligated to pay rent or satisfy other terms of the lease.
  • Name and Addresses: Landlord must disclose the name and address of the property owner and anyone authorized to manage the property.
  • Domestic Violence Situations:
    • Proof of Status: Landlord is entitled to verify claim of Domestic Violence status. 
    • Termination of Lease: Tenant can terminate the lease. The written notice must be delivered before the termination of the tenancy by mail, fax, or in person, and be accompanied by the order for protection or no contact order.
    • Safeguarding of Information: A landlord must not disclose information provided to the landlord by a tenant documenting domestic abuse.
    • Responsibility of Rent: Tenant is responsible for the rent payment for the full month in which the tenancy terminates and an additional amount equal to one month’s rent.
    • Multiple Tenants: Termination of the lease for a victim of Domestic Violence does not terminate the lease for any remaining tenants.
  • Retaliation: Landlord must not terminate, refuse to renew a lease, or decrease services to a tenant who has filed an official complaint regarding a violation to a Government Authority or neighborhood organization in the previous 90 days.
  • No Smoking: Minnesota’s Clean Indoor Air Act prohibits smoking in all common areas within apartment buildings.
  • Storage of Tenant’s Belongings: After eviction, a tenant has 28 days to claim his/her belongings before the landlord can sell the belongings to pay for moving and storage costs. Tenant must pay for any storage costs when he/she claims the items.

Accurate Credit Bureau Washington State Landlord Tenant Rental Laws and Regulations

  • Security Deposit Maximum: No Statute
  • Deadline for Returning Security Deposit: 14 days
  • Security Deposit Interest: Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits.
  • Separate Security Deposit Bank Account: Required
  • Non-refundable Fees: Allowed, but they must not be part of the security deposit, and must be clearly designated as a “non-refundable fee” in a written lease agreement.
  • Pet Deposits and Additional Fees: Allowed
  • Require Written/Signed Move-In Checklist: No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement.
  • Require Itemized List of Damages and Charges: Yes
  • Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: Yes, the landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof.
  • Failure to Comply: If the landlord collects a deposit without providing a written checklist at the commencement of the tenancy, the landlord is liable to the tenant for the amount of the deposit, and the prevailing party may recover court costs and reasonable attorneys’ fees.

Lease, Rent & Fees:

  • When Rent Is Due: No Statute
  • Rent Increase Notice: 30-day written notice for month-to-month leases.
  • Rent Receipt: A landlord shall provide a receipt for any payment made by a tenant in the form of cash and upon the request of a tenant, a written receipt for any payments made in a form other than cash.
  • Rent Grace Period: No Statute
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • Returned Check Fees: Allowed, but must not exceed forty dollars or the face amount of the check, whichever is less.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, but tenant must also notify government authorities and must deposit the withheld rent into an escrow account.
  • Tenant Allowed to Repair and Deduct Rent: Yes
    • If the repair requires a licensed professional, the tenant must provide the landlord with an estimate before the work is performed and the cost of the repair must not exceed two month’s rent.
    • If the repair does not require a licensed professional, the tenant may repair the defective condition in a workmanlike manner and the cost of the repair must not exceed one month’s rent. The total costs of repairs deducted in any twelve-month period under this subsection shall not exceed one month’s rent.
  • Landlord Allowed to Recover Court and Attorney Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes
  • Abandonment: Landlord can store and eventually sell the tenant’s personal property to compensate for damage. Landlord must follow specific instructions found in

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease (or other periodic term): 20 days or more from lease expiration. Less than 20 days notice is allowed for any tenant who is a member of the armed forces and receives deployment orders.
  • Termination of Unapproved Tenancy (Squatters): Unapproved tenant is liable for rent for the time he/she occupied the dwelling and must turnover the premise immediately at the demand of the owner.
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Notice of Termination of All Other Leases for Nonpayment: 3 days
  • Termination for Lease Violation: 10 days, 3 days for illegal or nuisance activity.
  • Required Notice before Entry: Two days
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
  • Entry Allowed with Notice for Showings: Yes, only one day’s notice is required.
  • 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 may be obligated to pay actual damages plus $100 per day of disrupted service plus court/attorney costs.You can download Washington State rental applications and Washington State Rental Leases

Accurate Credit Florida Landlord Tenant Rental Laws

Florida Rental Laws and Regulations. Download a Florida rental application or Florida rental lease.

Security Deposit:

Security Deposit Maximum: No Statute (83.49)
Security Deposit Interest: Not Required, but allowed. If interest is being collected, it must be in a Florida banking institution, and tenant receives 75% if earnings (83.49 (1a-b)). No interest is due to a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term (83.49 (9)).
Separate Security Deposit Bank Account: Yes, landlords are not allowed to commingle funds (83.49 (1a-b)). Landlords are also allowed to post a surety bond (83.49 (1c)).
Pet Deposits and Additional Non-refundable Fees: No Statute, but is typically allowed and customary.
Deadline for Returning Security Deposit: 15 days if full refund, 30 days if withholding any amount (83.49 (3a)).
Require Written Description / Itemized List of Damages and Charges: Yes, and landlord must send notice using exact language found in Florida Statute 83.49 (3a).
Receipt of Security Deposit: Required to be given to the Tenant within 30 days. Landlord must identify the manner in which the money is being held, and what the interest rate is, if any. Florida has specific rules pertaining to the receipt notification, read Statute 83.49(2-3) carefully.
Lease, Rent & Fees:

Rent Increase Notice: No Statute (83.46)
When Rent is Due: When agreed upon, at the beginning of each period, and rent is uniformly apportionable from day-to-day (83.46(1)).
Late Fees: No Statute (83.46)
Returned Check Fees: If payment is returned by a financial institution, landlord can impose a service charge of $25, if the face value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the face value exceeds $300, or 5 percent of the face amount of the check, whichever is greater (68.065).
Prepaid Rent: No Statute (83.46)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (83.60). Essential services are defined in Statute 83.51.
Tenant Allowed to Repair and Deduct Rent: No Statute
Landlord Allow to Recover Court and Attorney’s Fees: Yes (83.48, 83.55)
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No, Landlord has no obligation to rerent during a breach of lease by tenant. For specific requirements, read Statute 83.595.
Notices and Entry:

Notice to Terminate a Lease – Yearly Lease: Not less than 60 days prior to the end of any annual period (83.57(1)).
Notice to Terminate a Lease – Quarter to Quarter: Not less than 30 days prior to the end of any quarterly period (83.57(2)).
Notice to Terminate a Lease – Month-to-Month: Not less than 15 days prior to the end of any monthly period (83.57(3)).
Notice to Terminate a Lease – Week-to-week: Not less than 7 days prior to the end of any weekly period (83.57(4)).
Notice of date/time of Move-Out Inspection: No Statute
Termination of Lease for Nonpayment: 3 days Notice, excluding Saturday, Sunday, and legal holidays. Specific language must be included in the notice, which is found in Statute 83.56(3).
Notice of Eviction for Lease Violation: Tenant has 7 days to remedy the issue or landlord can file for eviction and terminate lease (83.56(2)).
Required Notice before Entry: 12 hours, unless otherwise agreed upon (83.53(2)).
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): 12 hours (83.53(2))
Emergency Entry Allowed without Notice: Yes (83.53(2b))
Entry Allowed During Tenant’s Extended Absence: Yes (83.53(2d))
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No (83.67(1))
Utility Shut-offs Allowed: No (83.67(2))
Penalty for a Self-Help Eviction: A landlord who performs a self-help eviction shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages. (83.67(6))
Proper Notice for Abandoned Property: Yes, first-class mail, pre-paid postage (715.104), using the specific language found in Statutes 715.105, or 715.106. Review Statutes 715.104 – 705.111 for specific instructions and requirements for abandoned property.
Disclosures and Miscellaneous Notes:

Landlords are not allowed to evict tenants without going through the legal process (aka self-help evictions). Penalty is actual damages to tenant or 3 months rent – whichever is greater (83.67(6)).
For buildings over three (3) stories, landlord shall disclose to the tenants initially moving into the building the availability or lack of availability of fire protection (83.50(2)).
The landlord shall, at or before the commencement of the tenancy, provide the name and address of the landlord or a person authorized to receive notices and demands in the landlord’s behalf (83.50(2)).
Notification shall be provided on at least one document, form, or application executed at the time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement for any building. Such notification shall contain the following language: “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.” (404.056(5))
Landlord shall not prevent the tenant from displaying a United States Flag (83.67(4)).
Landlord is not responsible for personal property left on the premise after death of tenant if the following clause is included in the signed lease agreement: “By signing this rental agreement, the tenant agrees that upon surrender, abandonment, or recovery of possession of the dwelling unit due to the death of the last remaining tenant, as provided by Chapter 83, Florida Statutes, the landlord shall not be liable or responsible for storage or disposition of the tenant’s personal property.” (83.67(5))
Landlord is not allowed to include clauses in the lease that force either party to waive or forfeit rights, remedies, requirements, or liabilities set forth by law (83.47).
It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant (83.64).
Retaliation is considered if action is taken on a tenant who (1) has filed an official complaint to a Government Authority, (2) has organized, encouraged, or participated in a tenants’ organization, (3) has complained to the landlord pursuant to Statute 83.56(1), or (4) is a servicemember who has terminated a rental agreement pursuant to Statute 83.682.
Court Related:

Small Claims Court Limits: $5,000 or less, excluding costs, interest, and attorneys’ fees.
Eviction Cases Allowed: Yes
Small Claims Rules (PDF)
Statute of Limitations
Written Contracts: 5 years (§95.011)
Oral Contracts: 4 years (§95.011)
Business Licenses and Fees:

Business License Required: No state-wide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
Rentals in Miami need a Residential Real Estate Sign permit (single family homes) or a Commercial Real Estate Sign permit (apartment units). It is a sticker that should be placed on the sign. The permit is $5.00 for a single family home, $15.00 for an apartment unit, and it is valid for one (1) year from purchase. (Miami FAQs)
Sales and Use Tax on Rental of Living or Sleeping Accommodations

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Accurate Credit Bureau New York Landlord Tenant Law

New York Landlord Tenant Law Regulations

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Security Deposit Maximum: No Statute (source)
Security Deposit Interest: If the rental property contains 6 or more family dwellings, landlord is required to keep the deposit in a New York interest-bearing bank account and collect interest on behalf of the tenant. (N.Y. GOL §§ 7-103(2-a))
Separate Security Deposit Bank Account: Landlord cannot mingle deposit funds with personal funds. (N.Y. GOL §§ 7-103(1)) If the rental property contains 6 or more family dwellings, landlord is required to keep the deposit in a New York interest bearing bank account. (N.Y. GOL §§ 7-103(2-a))
Pet Deposits and Additional Fees: No Statute
Deadline for Returning Security Deposit: Any “reasonable” amount of time. (source)
Security Deposit can be withheld for: (source)
Damages beyond normal wear and tear
Reimbursement for unpaid rent
Require Written Description / Itemized List of Damages and Charges: No Statute
Record Keeping of Deposit Withholdings: No Statute
Transfer of Property Ownership: Deposit must be transferred within 5 days of property transfer. Landlords must notify tenants, by registered or certified mail, of the name and address of the new owner. (N.Y. GOL §§ 7-105)
Receipt of Deposit: Landlord shall provide tenants with the name and address of the banking organization in which the deposit of security money is made, and the amount of such deposit. (N.Y. GOL §§ 7-103(2))
Lease, Rent & Fees:

Rent Is Due: No Statute
Rent Increase Notice: No Statute
Automatic Lease Renewal: Landlord must give the tenant advance notice of the existence of an auto-renewal clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. (source)
Rent Grace Period: No Statute
Late Fees: No Statute
Prepaid Rent: No Statute
Returned Check Fees:Yes, if it is specified in the lease, and must not be more than $20. (N.Y. GOL §§ 5-328)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (N.Y. RPL §§ 235-a)
Tenant Allowed to Repair and Deduct Rent: Yes, under some circumstances. (N.Y. RPL §§ 235-b)
Landlord Allowed to Recover Court and Attorney Fees: Yes (N.Y. RPL §§ 234)
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No Statute, but previous Civil Court cases have ruled that the landlord does have a responsibility to mitigate damages.
Receipt of Rent: Landlord must provide a written receipt for rent paid in the form of cash or any instrument other than personal check of tenant (unless receipt of check is requested). (N.Y. RPL §§ 235-e)
Electronic Rent Payments: A landlord shall not require a lessee or tenant to use an electronic billing and/or payment system as the only method for the payment of rent. (N.Y. RPL §§ 235-g)
The following lease provisions are prohibited and void: (source)
Exempting landlords from liability for injuries to persons or property caused by the landlord’s negligence, or that of the landlord’s employees or agents
Waiving the tenant’s right to a jury trial in any lawsuit brought by either of the parties against the other for personal injury or property damage
Requiring tenants to pledge their household furniture as security for rent
General Obligations Law § 5-321; Real Property Law § 259-c and § 231.
Notices and Entry:

Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed to terminate a lease with a definite term, outside of NYC. (N.Y. RPL §§ 232-b)
Notice to Terminate Tenancy – Month-to-Month Lease: One month if outside NYC. (N.Y. RPL §§ 232-b) 30 days if in NYC. (N.Y. RPL §§ 232-a)
Notice of Date/Time of Move-Out Inspection: No Statute
Notice of Termination of Lease for Nonpayment: 10 days to Remedy or Quit. (N.Y. RPL §§ 751(1))
Notice of Termination for Lease Violation: 10 days to Remedy or Quit. (N.Y. RPL §§ 753(4))
Required Notice before Entry: No Statute, but at least 24 hours notice is recommended.
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No Statute, but at least 24 hours notice is recommended.
Entry Allowed with Notice for Showings: No Statute, but at least 24 hours notice is recommended.
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 (source)
Utility Shut-offs Allowed: No (source)
Disclosures and Miscellaneous Notes:

Copy of the Lease: In NYC, The landlord shall provide the tenant with a copy of any written rental agreement within 30 days of ratification. (source)
Domestic Violence Situations: With approval of court, a tenant is allowed to terminate a lease prematurely in situations of domestic violence. (N.Y. RPL §§ 237-c)
Retaliation: 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, or exercised a legal right. Courts will assume “retaliation” by landlord if negative action is taken on the tenant within 6 months after any of the prior tenant actions. (N.Y. RPL §§ 223-b) A landlord who seeks to enforce such a fee, penalty or charge against a tenant because such tenant files a bona fide complaint with a building code officer regarding the condition shall be liable to the tenant for triple the amount of such fee, penalty or charge. (N.Y. RPL §§ 223-b(5a)).

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