Scroll through these FAQs, and solve your landlord-tenant problems before they come to life.
Landlord Tenant law is almost identical in every state.
It is different, such as in Santa Monica and New York City, where tenants have more rights than elsewhere.
Real estate law states one has a lease whether it is in writing or is verbal.
If one has a verbal lease, the tenant has a month to month lease automatically.
Getting out of a lease is almost impossible for capitalist reasons; the state needs to protect the landlord's income.
IF for any reason, the tenant or landlord wants the lease severed, it can be done but should only be done in writing, mutually.
IF the agreement to sever early is/was verbal, the landlord can come back later and sue for performance.
The lease does not outlive the tenant. If the tenant dies, the lease dies.
Tenant-oriented property has leases and leases are part of a property sale.
Unless a tenant become a danger to others [the police have to decide this], the tenant can stay for the duration of the lease.
Any presumed violation of a [written or verbal] lease must be proven in court by either side.
A “Constructive” eviction is one where the rented unit becomes unsafe. In this case, the tenant must so inform the landlord and may leave immediately and may get any deposits returned.
No landlord is obligated to accept less than the full amount of the lease payment for any reason.
Even when the lease is due to expire, the tenant must give WRITTEN intent to vacate, 30 days prior to vacating.
NO landlord may re-rent a unit or remove belongings of tenant still occupying a unit without a judgment in their favor from a judge.
If a landlord's lease states no pets and the landlord finds a pet and does not in writing, demand the removal of the pet, that does not eliminate the landlord's right to require it be removed.
If a tenant does not pay his payment on time, the landlord must go to court to get a judgment.
If the tenant does not pay after the landlord gets a judgment, the landlord must still go to court to get a “Forceful eviction” judgment ten days later. At this court date, the tenant can still provide payment in full.
If the tenant has not paid, and vacates but leaves belongings, the landlord must SAFELY store those items for 30 days.
IF the tenant has not paid and vacates, and if the landlord wishes to get money from this tenant “Later”, the landlord must obtain a judgment from the court.
IF the tenant does not pay on time or even after the landlord gets his first judgment, the landlord may not yet rent out the unit till he gets the Eviction Judgment.
A tenant who does not get his unit repaired may not arbitrarily withhold rent.
A tenant needing repairs must state so in writing if the landlord does not comply with a verbal request.
If after 30 days, the landlord does not repair the unit, the tenant may hire a “Licensed contractor” to make said repairs and deducts same from the rent.
If the tenant has a friend move in, and the landlord does not object in writing, the friend can stay as long as the lease is valid.
If the lease does not prohibit same, a tenant may sublet a bedroom in the rented unit.
A subletting is called a “Sandwich” lease. A landlord cannot prohibit same arbitrarily.
A tenant who is subletting to another person is a landlord to the other person.
Since the initial tenant becomes a landlord, the major tenant must sue through the courts any time the sandwich tenant does not perform.
Accusations of theft or friend stealing are a common reason why sandwich leases fail.
The sandwich tenant must also, therefore, give a 30 day written notice to vacate to the main tenant, to be safe.
A family emergency, new job, failure of a job or other situation is not grounds for a tenant to sever a lease prematurely.
When properly vacating, it is wise for the tenant to require a walk through with the landlord.
During the walk through, it is wise for the tenant to have a camera and paper an pencil.
During the walk through, note any disagreements with landlord on condition and/or responsibility.
The landlord has two weeks to reimburse the security deposit.
If even a pair of socks remain by accident, the tenant is considered not to have vacated.
No tenant is obligated to permit the landlord or prospective property buyer, permission to enter without a 48 hour notice in writing.
The tenant may require the landlord to accompany any prospective buyer.
If a property is sold, the tenant has a legal right to see written proof if the new owner wishes to visit the unit.
If a landlord accepts a partial payment, he is wise to put in writing that such acceptance is a special, one time only favor to the tenant.
