Frequently asked Questions About Landlord-Tenant Law
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Q: What is the difference between a rental agreement and a lease?
A: There is a legal
difference between a rental agreement and a lease.
A rental agreement is a document that provides for a short rental period (often one month). The rental agreement is automatically renewed at the end of the period unless the tenant or the landlord provides written notice to the other party that it will not be renewed. This is called a "month-to-month" rental. In addition to opting not to renew a rental agreement, a landlord may also change the terms of the agreement after providing notice to the tenant. This right is subject to certain limitations.
A lease, on the other hand, usually binds the parties to a longer period of time, such as six months or a year. The lease is considered valid over that period as long as the tenant continues to pay rent and abides by the other requirements of the lease. Leases may be automatically renewed their expiration but may instead require the parties to sign a new lease or renegotiate the lease for the next term or period of time.
A rental agreement is a document that provides for a short rental period (often one month). The rental agreement is automatically renewed at the end of the period unless the tenant or the landlord provides written notice to the other party that it will not be renewed. This is called a "month-to-month" rental. In addition to opting not to renew a rental agreement, a landlord may also change the terms of the agreement after providing notice to the tenant. This right is subject to certain limitations.
A lease, on the other hand, usually binds the parties to a longer period of time, such as six months or a year. The lease is considered valid over that period as long as the tenant continues to pay rent and abides by the other requirements of the lease. Leases may be automatically renewed their expiration but may instead require the parties to sign a new lease or renegotiate the lease for the next term or period of time.
_Q: Why is it important to have a lease or rental agreement in writing?
A: A lease or a rental agreement is a
contract which legally bind both a landlord and a tenant to certain
rights and obligations. When a rental agreement or lease is merely
discussed and never put to paper, the parties can later have a difficult
time agreeing on specific terms. If an agreement is made in writing there is usually more
clarity, which is good for both sides.
_Q: What is the purpose of a security deposit?
A: A security deposit is required in a rental
situation to protect the interests and the property of the landlord or
owner. The deposit provides a monetary fund from which the landlord can
deduct late rent and, most commonly, from which they can fund repairs or
replacement of damaged property after the lease or rental agreement is
terminated and the tenant leaves the dwelling. In many states a specific
law governs the maximum amount of a security deposit which may be
required (usually one or two month's rent) and the circumstances under
which a landlord may withhold a portion, or all, of a security deposit.
_Q: Can a landlord come into my apartment whenever they want?
A: Generally speaking, no, not whenever the landlord wants. A landlord has a
right to enter rental units in the case of emergency or to make repairs.
Usually, in the case of repairs, they are required to ask permission or
to provide advance notice before entering.
_Q: Is the landlord responsible for cleaning my apartment?
A: No. The responsibility for cleaning and
general maintenance of an apartment falls to the tenant. A landlord is
required to keep an apartment safe and habitable (heat, hot water, safe electricity, weatherproof roof) and the the common areas such as hallways, laundry
rooms, and parking lots in safe and habitable conditions.
_Q: What can happen if a tenant doesn't pay rent when it is due?
A: Initially, a compassionate landlord may
simply make repeated requests for payment of rent. If the problem
continues the landlord may take a tenant to court for payment of back
rent and may also commence a lawsuit to have the tenant physically
removed (evicted) from the property.
_Q: Can a landlord take matters into their own hands to evict a tenant?
A: The short answer is yes, they can. The
long answer, however, is that it is often illegal and can lead to a host
of problems. These actions can result in extra penalties and court
costs for the landlord. When a landlord skirts the legal requirements of
providing notice of termination of a lease and the commencement of
eviction proceedings, they are committing an illegal "self-help" eviction. Taking
matters into their own hands is never a good solution for landlords.
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