Archive for the ‘ Landlords Pennsylvania ’ Category
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IMPORTANT DECISIONS DEMAND ACCURATE INFORMATIOIN
Residential landlords are individual property owners or businesses that rent out apartments or houses for money. The renters who pay landlords to live in these properties are called residential tenants. Landlords and tenants each have legal rights and responsibilities.
To prevent misunderstandings between the parties, rental agreements and rental leases should clearly spell out these rights and obligations. Each state has its own laws on residential rentals. Landlords’ rights and duties will differ depending on where the property is located.
Landlord’s Rights and Responsibilities in Leases
A residential lease gives a landlord the right to collect rent from a tenant. The rental amount must be agreed upon by the landlord and tenant in advance. A rental lease may give the landlord the right to charge late fees for overdue rent.
Also, a landlord has the right to negotiate specific terms in a rental lease. For example, a landlord may require a tenant to pay utility bills, cut lawns, or shovel snow from sidewalks and driveways.
Landlord’s Right to Evict Tenants
Tenants who violate the terms of a lease can be evicted from residential rental property. Evictions commonly happen when tenants stop paying rent. In most states, a landlord must go to court to evict a tenant. Judges must give tenants a chance to fight eviction.
If the landlord wins in court, the judge can have the local sheriff remove the tenant’s belongings and change the locks on the property. The landlord can also obtain a judgment against the tenant for back rent and court costs.
Landlord’s Responsibillity to Keep Property Safe
Landlords have a responsibility to keep rental properties in safe condition. For example, a landlord should not rent a house with serious electrical problems that may cause a fire. This does not mean that rental property must be in perfect condition. A tenant usually cannot demand that a landlord replace carpet merely because it is stained or starting to wear out.
Leases often require tenants to assume responsibility for minor maintenance such as changing light bulbs and cleaning carpets.
Landlord’s Responsibility to Avoid Discrimination
Landlords cannot discriminate on factors like race, gender, family status, religion, disability, or national origin. Landlords cannot treat one class of tenants different than another, such as offering “white only” apartment buildings or charging more rent to a minority family. These laws are strict. Landlords who violate discrimination laws can be sued by the victims and may face government fines.
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A rental agreement is an accord between the landlord and the tenant for the right to use or occupy rental property for a specific period of time. Real estate rental agreements are the most common but rental agreements are used for many items such as vehicles, furniture and equipment. Rental agreements allow landlords to loan property he owns under specific rules and the renter to temporarily use property he may not need for an extended period of time or may not want to own. To download a free rental applicationa see Accurate Credit Bureau.
A landlord lets a family rent as he is anxious to have tenants in his empty property and the family say that they are desperate for accommodation. He is not entirely happy about them but feels that letting them in will be better than leaving the property empty. He fails to do a tenant background check on his prospective tenant.
Once in, they proceed to redecorate the property, painting the walls black and all the radiators dark mauve. Numerous complaints are received from neighbours about their behaviour and loud music at night. There are several incidents when the Police are called out and it is suspected that they are taking drugs. The landlord did not process a criminal background check.
They pay one month’s rent in advance but fail to pay any further rent, and the landlord has to issue proceedings for possession to evict them. This takes four months by which time the rent arrears have risen to several thousand dollars. The landlord failed to process an tenant eviction report
The night before the bailiff is due to come to evict them, they have a party, during the course of which several windows are broken, and other damage is done to the property. It is left in a filthy state with rubbish in all the rooms. Much of the furniture has been either broken or stolen. The landlord did not process a tenent credit report.
The landlord is left with a property which needs several thousand pounds work (including re-decoration throughout and replacement of almost all the furniture) to make it fit for re-letting, a bill from his solicitors for the eviction proceedings, and no chance of recovery from the tenants who have disappeared without trace. The landlord didn’t have his prospective tenant fill out a tenant rental application or rental lease.
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Deadline for Returning Security Deposits by State
The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.
Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage