Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the social-warfare domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/html/wp-includes/functions.php on line 6121
Warning: Cannot modify header information - headers already sent by (output started at /var/www/html/wp-includes/functions.php:6121) in /var/www/html/wp-includes/feed-rss2.php on line 8
More by Andrew Fullett at Avail
https://staging.avail.com/author/andrew
Landlords love us. You will, too.Thu, 17 Feb 2022 21:48:14 +0000en-US
hourly
1 https://wordpress.org/?v=6.8.3New Jersey Landlord-Tenant Law
https://staging.avail.com/education/laws/new-jersey-landlord-tenant-law
Sat, 06 Mar 2021 02:00:00 +0000https://www.avail.com/?p=2100Get a printable renter application AND learn how to screen New Jersey tenants securely—free for landlords. READ THE FULL GUIDE! New Jersey Landlord-Tenant Law New Jersey landlord-tenant law is landlord-friendly. This guide will discuss the laws that landlords and tenants in New Jersey should know about. Security Deposit Laws in New Jersey Is a security …
Get a printable renter application AND learn how to screen New Jersey tenants securely—free for landlords.
READ THE FULL GUIDE!
New Jersey Landlord-Tenant Law
New Jersey landlord-tenant law is landlord-friendly. This guide will discuss the laws that landlords and tenants in New Jersey should know about.
Security Deposit Laws in New Jersey
Is a security deposit required under New Jersey law?
The landlord is not required to collect a security deposit from the tenant. However, if the landlord decides to charge a security deposit, they must comply with certain requirements. The landlord may only charge a maximum of one and a half months’ rent. This law does not apply to owner-occupied premises with less than two rental units.
When must a landlord return the deposit by in New Jersey?
The landlord is required to return either part or all of the security deposit, plus the tenant’s portion of the interest or accumulated earnings to the tenant 30 days after termination of the lease. There are two situations where the deadline may be sooner:
The landlord must return the tenant’s security deposit within five days to any tenant in possession of the rental premises after the tenant is caused to be displaced by fire, flood, condemnation, or evacuation.
The landlord must return tenant’s security deposit within fifteen days if the tenant has ended their lease because they are a victim of domestic violence.
When is a landlord allowed to withhold a security deposit in New Jersey?
The landlord is required to return the tenant’s security deposit. However, the landlord may withhold all or a portion of a tenant’s security deposit from the tenant for:
Unpaid rent
Unpaid utility bills
Breach of lease
Damage in excess of normal wear and tear
The landlord must notify the tenant of the deductions and balance after deductions within 30 days of the tenant vacating the premises. The landlord must also provide the tenant with an itemized list of damages or deductions, by personal delivery, registered or certified mail. If the landlord fails to follow the regulations the tenant could be awarded double the amount of the security deposit plus reasonable attorney’s fees.
Storage Requirements for Security Deposits in New Jersey
Landlords are required to comply with certain requirements when handling security deposits.All deposit money may be deposited or invested in one interest-bearing or dividend-yielding account as long as all other statutory requirements are followed. Landlords with 10 or more units must invest deposit funds in shares of a qualified money market account. Landlords with fewer than 10 rental units shall deposit money in an interest-bearing account at prevailing rates and insured by the federal government.
Within 30 days after the money has been deposited, the landlord must notify the tenant of the name and address of the financial institution in which the funds are deposited, the current interest rate, and the amount of the deposit. The same notice must also be given within 30 days of moving the deposit from one financial institution to another, at the time of each annual interest payment and within 30 days of the transfer of property ownership.
Do landlords have to pay interest on security deposits in New Jersey?
The tenant is entitled to interest under New Jersey law. Security deposit interest or pre-paid rent remains the property of the tenant and shall be paid to the tenant in cash, or be credited toward rent due, on the renewal or anniversary of tenant’s lease, or, if notified in writing before the anniversary, on January 31.
Can security deposits be commingled with other assets in New Jersey?
Landlords are not allowed to commingle the tenant’s security deposit with any of the landlord’s personal assets.
Rental Agreement Laws in New Jersey
Are rental agreements required in New Jersey?
Rental agreements are required for tenancies of 12+ months or longer in New Jersey. Even if the lease is less than 12 months, we strongly advise our landlords create a written rental agreement for added legal assurance. In a survey of our New Jersey landlords, 100% indicated they had a written rental agreement.
Get started now by creating an online New Jersey rental lease agreement with Avail. Our state-specific rental agreement includes all the necessary notices and disclosures based on your property’s address.
What are the general lease provisions in New Jersey?
In New Jersey, certain provisions must be included in the lease agreement. Most notably, the landlord and tenant are required to include their names in the rental agreement. The landlord should also list the:
Conditions of occupancy
A clear description of the rental space
Automatic renewal
Insurance on tenant’s belongings and crime insurance
Kerosene heaters
Penalties for late payments
You may want to include these additional provisions, but they are not required:
What are the rental agreement notice requirements in New Jersey? The notice requirements for all other lease terms are as follows:
For a month-to-month lease, the landlord is required to provide one month’s notice to tenants of their intention to terminate the lease.
For a year-to-year or definite lease term, the landlord must provide the tenant with three months (90 days) notice before the end of the current year of the tenancy of their desire to terminate.
For a week-to week-lease, the landlord must provide the tenant with seven days’ notice of their intention to terminate the lease.
If the landlord doesn’t have a rental agreement, the law recommends that the landlord provide the tenant with notice equal to the rental term regarding any changes to the lease.
Are there any specific required lease renewal provisions in New Jersey?
There are specified lease renewal provisions in New Jersey. The language must contain the following:
“If Tenant wishes to terminate this Lease at the end of its original term, [he or she] must give Landlord written notice at least [specify, e.g., if term is monthly: 30; if term is yearly: 90] days before the end of the term. This notice must be in writing and must be sent by certified mail or personally delivered to Landlord at the address at the top of this Lease. AN ORAL NOTICE IS NOT SUFFICIENT. If written notice of Tenant’s intention to terminate this Lease is not given to Landlord within the time noted above, the Lease shall AUTOMATICALLY RENEW as a month-to-month tenancy on the same terms and conditions as contained in this Lease.”
Rental Payment Laws in New Jersey
What are the rules regarding rent payments in New Jersey?
In New Jersey, the landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state. However, in Newark, there is rent control, which will be discussed in more detail below. Similarly, there are no legal requirements for how rent is to be paid.
Furthermore, in New Jersey, the landlord may only increase the amount of rent after the term has expired–this means the landlord cannot increase rent during the term of the lease. At the end of the lease term, before the landlord can increase the tenant’s rent, he or she must provide the tenant with both a written Notice to Quit and a Notice of the rent increase. The law requires that, for a landlord to raise the rent, the tenant must be given must be given proper written notice to quit. This notice must inform the tenant that the current written or oral lease is being ended and that the tenant can stay in the rental unit by signing a new lease for a higher rent. The notice to quit requirements can be found below:
After the landlord has provided the notice to quit, the landlord must provide a notice of rent increase. The notice must say that, at the end of the tenants’ current lease, the tenant may accept a new lease at the higher rent. If the tenant decides to sign the lease, the tenant will be required to pay the new increase and be bound by the terms of the new lease.
Any notice of rent increase that is not in writing and not divided into two parts: 1) ending the old lease and 2) beginning a new lease at a higher rate is not legal.
Are tenants allowed to withhold rent under the laws of New Jersey? If so, for what purposes?
In New Jersey,tenants are allowed to withhold rent payments if:
The landlord fails to maintain the property at an adequate standard of habitability.
If the landlord tries to evict for nonpayment of rent, then the tenant is entitled to use the landlord’s failure to provide a habitable residence as a defense.
Are landlords required to provide rent receipts in New Jersey?
The landlord is not required to provide the tenant with a receipt when rent has been received. That being said, we strongly recommend the landlord provide a receipt, for both bookkeeping purposes and to safeguard against any rental payment contention the tenant may raise. The receipt should include the payment date, the amount, the period for which the rent was paid, and the apartment number.
Streamline Rent Collection for Your Rental
Easily collect rent payments and other rental fees from tenants with a rent collection app.
Are there any provisions regarding rent control in New Jersey?
New Jersey does not have any laws addressing rent control or rent regulation. However, the city of Newark does, which we will discuss toward the end of this guide.
Late Fees and Grace Period Laws in New Jersey
Is there a legal requirement for late fees in New Jersey?
There is no legal requirement for late fees, but most landlords charge late fees to motivate tenants to pay rent on time and compensate for late payments. The lease may permit a late charge when the rent is not paid by a certain date, but any fees that the landlord intends to charge should be clearly stated in the terms of the lease. There are no other laws in the state addressing late fees. We recommend charging a reasonable late fee.
Does New Jersey have a law regarding grace periods?
In certain situations, there is a required grace period for senior citizens. The landlord may not charge a late fee until rent is 5 business days late (any day other than a Saturday, Sunday or state or federal holiday).
The landlord must abide by the grace period in two situations:
If the dwelling is rented to senior citizens receiving Social Security or other old age pensions.
If the dwelling is rented by recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under Work First New Jersey.
New Jersey Laws on Repairs: Tenant’s Right, Landlord’s Duty
New Jersey tenants are legally entitled to a rental that meets basic structural, health, and safety standards. Residential leases carry an implied warranty of habitability. This means that a landlord has a duty to maintain the rental unit and keep it fit for residential purposes throughout the entire term of the lease and that the landlord must repair damage to vital facilities. This warranty is implied in every written and oral lease.
Under the implied warranty of habitability law, the tenant’s obligation to pay rent and the landlord’s obligation to maintain habitable premises depend upon each other. If the landlord breaks his obligation to keep the premises in a reasonable condition, the tenant may be relieved from his obligation to pay part or all of his rent until the landlord makes necessary repairs.
As for air conditioning, the Superior Court Appellate Division has held that air conditioning that is part of the original tenancy may be considered a “vital facility,” and air conditioning failure affects the habitability of the premises.
The landlord must be given notice of defects and a reasonable opportunity to make repairs, but he or she does not have to promise to repair before the tenant withholds rent. Landlord must provide tenant with reasonable notification (usually one day) before entering the premises to correct a repair.
If the landlord does not keep the premises in a habitable condition, the tenant has several options:
Repair and deduct: The tenant may repair vital facilities deficiencies and deduct the amount of the repair from the rent.
Constructive eviction: The tenant may break the lease without penalties because the landlord is guilty of neglect or default, which makes the premises unsafe, unfit or unsuitable for occupancy.
Rent reduction: In an action for a breach of warranty of habitability, if the court finds that the landlord did not maintain the property in a habitable condition, the tenant will be charged only with the reasonable rental value of the property in its imperfect condition during the tenancy.
Withhold rent: The tenant may withhold rent or a portion of rent.
Rent receivership: Tenants in substandard dwelling units may be able to deposit their rents with a court-appointed administrator for use in remedying defective conditions.
New Jersey Laws on Snow Removal
In New Jersey, the landlord’s duty to remove snow depends on the type of dwelling and number of occupants.
Single-family homeowners have no duty to clear snow or ice from their property and will only be held liable if they make the snow condition more dangerous than what occurs naturally. Multifamily property owners must clear snow and ice from public walkways and sidewalks on and in front of their property.
Commercial property owners and landlords have a duty to inspect for and remove snow and ice on the property. They’re allowed to make safe accumulations of snow and ice on the adjacent sidewalk.
A landlord or tenant who has no duty to clear a sidewalk of snow and ice but who voluntarily undertakes the task of doing so will be liable if “through his negligence a new element of danger or hazard, other than one caused by natural forces, is added to the safe use of the sidewalk by a pedestrian.”
Residential landlords and tenants are generally not liable for natural accumulations of snow and ice. However, they may be held liable for snow and ice conditions if they attempt to make a sidewalk safer for pedestrians by negligent attempts to address snow and ice.
New Jersey Laws on Eviction
What are the New Jersey laws on eviction?
New Jersey Eviction Law is governed by the New Jersey Eviction Act. The New Jersey Eviction Act applies to all residential rental properties, including mobile homes, and land in a mobile home park, except owner-occupied two or three-family dwellings, hotels, motels, other dwellings housing transient or seasonal tenants, and permanently occupied units held in trust on behalf of a developmentally disabled immediate family member.
In New Jersey, the landlord may evict the tenant for any of the following reasons:
Nonpayment of rent
Disorderly conduct, and/or disturbing the peace and quiet of other tenants
Property damage and destruction
Health and safety violations
Violation of the lease, regulations or landlord’s rules
Failure to pay increased rent
Failure to pay rent habitually paying it late
Landlord intention to cancel any residential use of the property
Conversion to co-op or cooperative or tenancy after the conversion has happened
Tenant refusal to accept changes in the terms and conditions of the lease
Tenancy contingent on employment with the landlord that has now terminated
Illegal activity including a drug conviction or offense on the property, or a conviction related to threatening/assaulting the landlord, their employees, or their family
Court action finding the tenant liable for criminal activity involvement
Convictions for theft of property
Each cause for eviction, except non-payment, must be outlined in a written notice to the tenant.
First, the landlord must provide the tenant with an eviction notice. The landlord must give the tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to vacate the premises. The notice required depends on the reason for commencing eviction proceedings:
Non-payment of rent: The landlord is not required to give the tenant any notice before proceeding with an eviction lawsuit. As soon as the rent is late, the landlord can start the process of evicting the tenant.. If the tenant continuously pays rent late, the landlord is required to give the tenant a written warning, called a “Notice to Cease.” If the tenant still continues to pay rent late, then the landlord must give the tenant one month’s notice called a “Notice to Quit” before filing the eviction lawsuit.
Disorderly conduct: If the tenant engages in disorderly conduct, the landlord is required to give the tenant a written Notice to Cease first. If the tenant continues, then the landlord must give the tenant a three-day Notice to Quit before filing the eviction lawsuit.
Damage to the rental unit: If the tenant damages the rental unit, the landlord must also give the tenant a three-day Notice to Quit before filing the eviction lawsuit. However, no written notice to cease is required for proceeding with an eviction based on damaging the rental unit.
Lease Violations: When a tenant has violated some lease provision, the landlord must first give the tenant a written Notice to Cease that describes the violation. If the tenant continues to violate certain lease provisions, the landlord must provide the tenant one month’s notice, in the form of a Notice to Quit, before filing the eviction lawsuit.
If the tenant remains on the premises once notice has been given, the landlord can initiate court proceedings by filing eviction proceedings in office of the Special Civil Part Clerk in the county where the rental unit is located. The tenant will receive a copy of the complaint and a date and time for the hearing. If the tenant chooses to challenge the eviction, the tenant must appear at the hearing. Both landlord and tenant will be given the opportunity to present their cases. At the conclusion of their respective cases, the judge will decide whether to evict the tenant.
Any tenant facing eviction may assert any one of the following defenses:
Self-help: It is illegal for a landlord to force a tenant out of the rental unit, including changing the locks on the rental unit or turning off the utilities.
Eviction was improper: A landlord must carefully follow all the procedures set out in the New Jersey state laws when evicting a tenant.
The tenant paid rent in full.
The landlord failed to make a utility payment.
The landlord failed to make necessary repairs.
Landlord evicts tenant for violating rental agreement and the tenant hasn’t violated any provision of the rental agreement.
The eviction is in retaliation for the tenant having filed a complaint regarding the condition of the property.
The eviction is based on the tenant’s religion, race, sex, national origin, creed, age, marital or family status, or disability.
New Jersey Laws on Retaliation
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. In New Jersey, 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.
New Jersey Laws on Domestic Violence, Sexual Misconduct, and Sexual Assault
In New Jersey, the law affords special protections to victims of domestic violence, sexual misconduct, and sexual assault.
The landlord cannot discriminate against a tenant or prospective tenant because he or she has been a victim of domestic violence or sexual assault. Specifically, the landlord cannot:
Refuse to rent to a prospective tenant who is a victim of domestic violence or sexual assault
Refuse to renew the tenant’s rental agreement
Retaliate against the tenant
A tenant victim of domestic violence has the option to terminate the lease if the tenant gives the landlord written notice that the tenant or tenant’s child faces the imminent threat of serious physical harm, on the leased premises. The lease will terminate 30 days after the tenant has provided both the required notice and documentation to the landlord unless landlord and tenant have agreed to an earlier termination date in the terms of the lease.
The landlord is entitled to verify a tenant’s claim of domestic violence status. The landlord may require the tenant to provide any one of the following documents: a certified copy of a permanent restraining order, a law enforcement agency record documenting the domestic violence, or medical documentation of the domestic violence provided by a healthcare provider. Other acceptable forms of proof may be found here.
In the case of a domestic violence claim, after claim of proof has been authorized, the landlord must return the security deposit to the tenant, plus interest or accumulated earnings, within 15 days.
Finally, the landlord is not permitted to disclose any information or documentation, regarding the domestic violence claim provided by the tenant. Any such information or documentation can only be used with the tenant’s consent.
New Jersey Laws on Changing the Locks and Security Devices
Landlords are not required to change the locks before a new tenant moves in, but we recommend doing so. As you can see below, most landlords in New Jersey are changing the locks:
Landlords are also required to install the following:
Window latch
Window guards
Smoke detectors
Carbon monoxide detectors
After the tenant has made a request for the landlord to install one of these devices, the landlord must respond within a reasonable amount of time.
The results of our New Jersey landlord survey reveal that more than half of our landlords rekey the premises only if the tenant so requests.
New Jersey has specific rules pertaining to window guards and screens:
The landlord must install screens suited to protect the interior of the building against insects. These screens must be kept in good repair for each exterior door, except exterior doors which do not provide ventilation.
Screens shall also be provided, maintained, and installed for each openable window in living and common areas.
Screens are not required for units or common areas on the sixth floor or above.
Screens shall be provided from at least May 1 to October 1 of each year.
Furthermore, hotel and dwelling state regulations provide certain safeguards with regards to windows:
In a unit in which a child 10 years of age of younger resides, the tenant may request that the landlord install and maintain approved child protection window guards on the windows of the dwelling unit and on any accessible windows in the public halls.
This requirement does not apply to owner-occupied units, condominiums or cooperatives.
Yearly written notices must be given to tenants informing them of the window guard regulation.
New Jersey Pet Laws
Landlords are allowed to create their own requirements for pets.They can decide if pets are allowed, what size is allowed, etc.Under New Jersey law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. These laws also require those who operate transportation services to allow service animals.
There are also several laws specific to the state of New Jersey:
The Pets in Housing Projects law
This law only applies only to senior citizens with pets.
This law provides that any senior citizen residing in a senior citizen housing project who provides written notice to the landlord is allowed to own or care for a pet. The law defines “senior citizen housing project” as any building or structure having three or more rental dwelling units. It does not apply to owner-occupied premises that does not have more than three rental dwelling units, or any health care facility. While the tenant usually has unfettered access to own and care for their pet, the landlord does have some rights if the tenant is in violation. If any of the following occur, the landlord may refuse to renew the tenant’s lease:
If the pet’s existence or behavior violates federal, state, or local building, health or use codes
If the tenant fails to properly care for the pet
If the tenant fails to control the pet or fails to take prompt action to remove any pet waste when requested by the landlord
If the tenant fails to keep the pet’s waste functions confined to areas that do not interfere with the common areas or entrance and exit of anyone to or from the senior citizen housing
A handicapped, blind, or deaf person who has a service or guide dog, must have full and equal access to all housing accommodations. Any lease or rental agreement prohibiting pets shall not apply to a service or guide dog owned by a handicapped, blind, or deaf tenant.
The landlord may charge a reasonable, nonrefundable fee for pets kept by the tenant on the premises.
Landlord rental licensesare not required by New Jersey law.
While a rental license is not required, the New Jersey Housing Bureau Inspection requires a five-year safety inspection for certain dwellings. The Housing Bureau ensures that hotels and multiple-family buildings of three or more dwelling units are properly maintained and do not pose a threat to the health, safety, and welfare of their residents, nor the community in general.
Furthermore, certain landlords are required to register the identity of their dwelling location. Landlords who own a one or two-family non-owner occupied house are required to file a registration statement with the clerk of the municipality in which the building is located. See form here.
Notice of Entry Laws in New Jersey
Do landlords in New Jersey have to provide notice of entry?
The landlord must provide reasonable notification (usually one day) to enter the premises. The landlord must provide reasonable notice for the following reasons:
Non-emergency maintenance and repairs
Showing the unit to prospective tenants
The landlord does not need to provide notice in the case of an emergency where a condition exists that poses an immediate threat to the safety or health of persons using or near the premises.
We surveyed our New Jersey landlords and found out that 67% go above and beyond and provide 48-hour notice, asee nd 33% provide 24-hour notice.
Sublease and Assignment Provisions in New Jersey
Under a sublease agreement, the original tenant leases the premises (apartment or house) to another individual. This individual must legally abide by the terms of the lease, as they have essentially taken over the lease term for a specified period of time.
In most states, subleasing is only allowed if the landlord consents. A landlord has to allow a sublease, unless:
The lease does prohibits subleasing.
The terms of the sublease are not reasonable.
A typical sublease provision in the State of New Jersey, reads as follows:
“Tenant may not do any of the following without the Landlord’s written consent: (1) assign this Lease; (2) sublet all or any part of the Premises; (3) permit any person to use the Premises other than those specified in this Lease. Unless Tenant has obtained Landlord’s written consent, any assignment or subletting may be disregarded by Landlord as if it had not occurred, and Tenant shall continue to remain responsible for the performance of all terms and conditions of this Lease.
Abandonment of Property Provisions in New Jersey
In New Jersey, there are specific procedures on how to handle abandoned property.
Generally, the landlord may dispose of any personal property left on the premises by a tenant after giving notice (see requirements below), and only if the landlord reasonably believes under all the circumstances that the tenant has left the property upon the premises with no intention retrieving it.
The landlord shall first give written notice to the tenant by certified mail, informing the tenant that the property is considered abandoned and must be removed from the premises:
For all property other than manufactured or mobile homes, the tenant must respond within 30 days of delivery of the notice, or not less than 33 days after the date of mailing, whichever comes first.
For manufactured or mobile homes, the tenant must respond within 75 days of the delivery of the notice, or not less than 78 days after the date of mailing, whichever comes first.
If the tenant fails to respond within these prescribed time frames, the property will be sold or otherwise disposed of.
After notifying the tenant, the landlord shall store all goods, manufactured or mobile homes and other personal property of the tenant in a place of safekeeping. The landlord should care for the property. Namely, the landlord should dispose of any perishable food and may allow an animal control agency or humane society to remove any abandoned pets or livestock.
If the abandoned property is not removed, the landlord has the following options:
The landlord may sell the property at a public or private sale.
The landlord may destroy or otherwise dispose of the property if the landlord reasonably determines that the value of the property is so low that the cost of storage and conducting a public sale would probably exceed the amount that would be realized from the sale.
The landlord may sell items of value and destroy or otherwise dispose of the remaining property.
The tenant’s belongings can be considered abandoned if:
The tenant responds in writing or orally to the landlord that they intend to remove the property, on or before the day specified in the required notice, but does not remove it within the time specified in the notice or within 15 days after the written response, whichever is later.
No response is received from the tenant within the time period provided.
Furthermore, a warrant for removal must be executed and possession of the premises has been restored to the landlord or the tenant must provide written notice to the landlord that he or she is voluntarily relinquishing all rights to the property in question.
Required New Jersey Rental Agreement Disclosures
Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before the lease takes effect. Additionally, landlords must provide this EPA-approved information pamphlet.
Asbestos: Reasonable precautions must be taken to minimize the chance of damage or disturbance of asbestos containing materials.See asbestos pamphlet here.
Mold Disclosure: Thelandlord is required to disclose any structural damage, including but not limited to water, fire, smoke, or insect damage and the condition of the roof, and mold. Click here for mold pamphlet.
Utility Disclosure: A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant’s dwelling is liable to the tenant if the utility company has cut off utility service to the tenant’s dwelling. The landlord is also liable to the tenant if the utility company has given written notice to the tenant that such utility service is about to be cut off because of the landlord’s nonpayment of the utility bill.
Truth in Renting Act (statement of landlord-tenant legal rights): The landlord is required to distribute to new tenants at or prior to move-in the Department of Community Affairs’ statement of legal rights and responsibilities of tenants and landlords of rental dwelling units. This disclosure does not apply to buildings of two or fewer units, and owner-occupied premises of three or fewer units.
The act outlines common landlord duties:
Compliance
Repairs
Maintain common areas
Maintenance
Provide heat
It also outlines common tenant duties:
Compliance
Cleanliness
Trash
Plumbing
Appliances
Lawful activity
Quiet enjoyment
Flood zone notification: The landlord must notify tenant if the rental premises is in a flood zone or area. However, this disclosure does not apply to properties containing two or fewer dwelling units, or to owner-occupied properties of three or fewer units.
Child protection safeguards: Landlords of multi-family properties must include information in the lease about tenants’ rights to request window guards.
Oft-Cited New Jersey Landlord-Tenant Law
New Jersey Landlord-Tenant Law is governed by New Jersey Statute (N.J. Stat Ann. §§ 46:8-1 through 46:8-50).
The owner or landlord is required to return the tenant’s security deposit, plus any portion of the interest or earnings accumulated, and less any charges expended in accordance with the terms of a lease. The owner or landlord must return the security deposit within 30 days after the termination of the tenant’s lease.
Interest, earnings, and any deductions must be itemized in a list.
No deductions can be made from a security deposit of a tenant who remains in possession of the rental premises within five business days after:
The tenant is caused to be displaced by fire, flood, condemnation, or evacuation.
An authorized public official posts a notice prohibiting occupancy.
The owner or landlord may not require a security deposit more than a sum equal to one and one-half times one month’s rental according to the terms of the lease.
Whenever the owner or landlord collects from a tenant an additional amount of security deposit, the amount collected annually as additional security shall not be greater than 10 percent of the current security deposit.
The New Jersey Department of Community Affairs must prepare and make available the established legal rights and responsibilities of tenants and landlords of rental dwelling units. The statement must be in both English and Spanish.
Every landlord must distribute one copy of the statement to each of their tenants within 30 days after it has been made available by the department. The landlord is obligated to continuously provide a copy of the current statement to each new tenant at or prior to the time he assumes occupancy of the dwelling.
Any landlord who violates any provision of the N.J.S.A. is liable for up to $100.00 for each offense.
Every landlord shall notify each of their tenants if it has been determined to be located in a flood zone. Each new tenant shall be notified prior to the time that occupancy of the rental unit is assumed.
The owner or landlord may allow a period of five business days grace in which the rent due shall be paid.
The grace period only applies to premises rented or leased by senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under Work First New Jersey.
Every landlord must file the location of the premises with the clerk of the municipality, or with such other municipal official, in which the residential property is situated. The landlord must file within in 30 days, in the case of a one-dwelling unit rental or a two-dwelling unit non-owner occupied unit.
A landlord of residential property, may dispose of any tangible goods, chattels, manufactured or mobile homes or other personal property left upon a premises by a tenant after giving the requisite notice, only if the landlord reasonably believes under all the circumstances that the tenant has left the property upon the premises with no intention obtaining it and
A warrant for removal has been executed and possession of the premises has been restored to the landlord OR
The tenant has given written notice that he or she is voluntarily relinquishing possession of the premises
If the property is considered abandoned, it must be removed from the premises.
Property is considered abandoned when:
The tenant responds in writing or orally to the landlord on or before the day specified in the required notice that the tenant intends to remove the property from the premises.
The tenant does not remove the property within the time specified in the notice or within 15 days after the written response, whichever is later.
If no response is received from a tenant within the time period provided, then the tenant’s property shall be conclusively presumed to be abandoned
If the abandoned property is not removed:
The landlord may sell the property at a public or private sale
The landlord may destroy or otherwise dispose of the property if the landlord reasonably determines that the value of the property is so low that the cost of storage and conducting a public sale would probably exceed the amount that would be realized from the sale
The landlord may sell items of value and destroy or otherwise dispose of the remaining property
Landlord-Tenant law in Newark is essentially the same as New Jersey state law. However, Newark is subject to rent control laws.
Rent Control Laws in Newark
The landlord is not allowed to increase rent by a percentage that is greater than the percentage increase indicated by the Consumer Price Index (CPI). If the landlord wants to increase the rent, he or she must abide by the percentage of the CPI three to 15 months prior to the end of the lease. The allowable rent increase should never exceed 4% in any consecutive 12-month period.
The CPI is a measure that examines the weighted average of prices of a basket of consumer goods and services. The CPI is calculated by taking price changes for a certain group of items and averaging them. Within this context, changes in the CPI assess price changes associated with the cost of living. Based on the changes associated with the cost of living, the city of Newark determines a percentage that landlords must honor if they want to increase the rent. Landlords can find the current CPI percentage on this website under Rent of Primary Residence.
This article is designed to convey information, and not for the purpose of providing legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated.
]]>Texas Landlord-Tenant Law
https://staging.avail.com/education/laws/texas-landlord-tenant-law
Fri, 05 Mar 2021 13:59:48 +0000https://www.avail.com/?p=2113*Amount must be reasonable Get a printable renter application AND learn how to screen Texas tenants securely—free for landlords. READ THE FULL GUIDE! The Landlord-Tenant Environment in Texas It is estimated that 28 million residents live in Texas. Texas landlord-tenant law is generally landlord-friendly. While Texas is home to several big cities, most notably Dallas, …
Get a printable renter application AND learn how to screen Texas tenants securely—free for landlords.
READ THE FULL GUIDE!
The Landlord-Tenant Environment in Texas
It is estimated that 28 million residents live in Texas. Texas landlord-tenant law is generally landlord-friendly. While Texas is home to several big cities, most notably Dallas, Houston, Austin, and San Antonio, none of these cities have their own landlord-tenant ordinances. Dallas City Code addresses landlord-tenant issues, which we address at the end of this guide.
There are roughly 800,000 rental units in Dallas, Houston, Austin, and San Antonio combined.do lat
Below, we’ll explore landlord-tenant law in Texas.
Texas Landlord-Tenant Law
Security Deposit Law in Texas
Is a security deposit required under Texas law?
According to Texas law, landlords are not required to collect security deposits from tenants. That being said, a majority of landlords do in fact collect a security deposit from prospective tenants. We surveyed our landlords in Texas and the majority reported that the amount of their security deposit is typically equal to the monthly rent price.
Is a security deposit receipt required in Texas?
Security deposit receipts are not required, but we recommend issuing a receipt to record the transaction anyway, especially in the case of a cash transaction.
When must a landlord return the deposit by in Texas?
In Texas, if the landlord has no reason to withhold the security deposit, it must be returned within 30 days of the tenant vacating the premises. The landlord may not retain any portion of a security deposit to cover normal wear and tear.
If the security deposit is not returned in full, the landlord is required to provide a written itemized list of any damages and the approximate cost of repair to the tenant, along with the balance of the tenant’s security deposit. This list must be given to the tenant within 30 days of the tenant moving out, which must include paid receipts stating the cost of repairs. Subsequently, the landlord is required to fix any such repairs within 30 days.
In Texas, tenants may be allowed to provide a Notice of Surrender, which allows the tenant to ask for the security deposit money sooner than the 30-day requirement. This is only allowed if the residential lease agreement specifically allows it. It must be underlined or obviously printed in the lease.
In Texas, tenants can sue the landlord for damages if the landlord violates the security deposit law. Specifically, if the landlord is either proven to be withholding a security deposit without cause or has failed to provide a written notice for damage claims against the amount, the tenant has the right to up to three times the security deposit amount.
Do landlords have to pay interest on security deposits in Texas?
Landlords are not required to pay tenants interest on security deposits. There is also no limit on how much a landlord can charge for a security deposit. The amount charged should not vary based on a tenant’s race, color, religion, sex, national origin, or disability.
The landlord may place the security deposit in an interest-bearing or income-producing account. Any interest or income earned will be paid to the landlord or landlord’s representative.
Which situations allow a landlord to withhold a security deposit in Texas?
Generally, security deposits are designed to secure rent payments and compensate the landlord for actual property damage or nonpayment of rent.
Landlords in Texas are allowed to withhold a security deposit for the following two reasons:
1) If the tenant owes unpaid rent and there is no controversy concerning the amount of rent owed
2) If the tenant damaged the property beyond normal wear and tear, then the landlord is allowed to deduct the cost of repairing the damage.
Based on our survey of landlords in Texas, the most common justification for landlords withholding money is due to property damage.
Can security deposits be commingled with other assets?
Landlords are legally free to store the security deposit with other assets, also known as commingling the security deposit. It’s rare for Texas landlords to keep security deposits in a separate bank account since it is not required. This is evidenced by the results of our survey, where the vast majority of our landlords reported they don’t separate security deposits from other assets.
Rental Agreement Laws in Texas
Are rental agreements required in Texas?
Rental agreements are required for tenancies that are 12 months or longer in Texas. Even if the lease agreement is less than 12 months, we recommend having a signed rental agreement, for added legal security. This is supported by the results of our survey of Texas landlords, which indicates that the majority of landlords require their tenants to sign a rental agreement.
Finally, in the state of Texas, the landlord is required to provide the tenant with a copy of the rental agreement three days after the agreement has been finalized.
Get started now by creating an online Texas-specific rental agreement with Avail. Our attorney-approved rental agreement includes all the necessary notices and disclosures based on your property’s address. It’s never been easier to create, modify, and sign a rental agreement. And check out our tips to make your rental lease even better.
Create Free Lawyer-Approved Lease Agreements
Save money and time with an Avail lawyer-approved lease agreement, free for landlords.
Access state-specific lease templates
Customize sections with Unlimited Plus
Digitally sign your lease agreements
Create lease amendments to modify leases
You can also upload your own pre-made leases to e-sign at no additional cost.
Pursuant to Texas Property Code §92.3515 and the Fair Credit Reporting Act, 15 U.S.C.A., Section 1681, Chapter 41, the following criteria may be used by the landlord in deciding whether to lease property to an applicant:
Criminal History: The landlord will perform a criminal history check on each applicant residing in a property who is 18 years of age and older. The landlord’s decision to lease the property may be influenced by any history of criminal activity.
Previous Rental History: The landlord will verify a previous rental history using the information provided on the lease application. Failure to provide this requested information, provision of inaccurate information, or information learned upon contacting previous landlord may influence the landlord’s decision to lease the property.
Current Income: The landlord may ask for verification of income. Depending upon the rental amount being asked for the property, sufficiency of income along with the ability to verify the stated income, may influence the landlord’s decision to lease the property.
Credit History: The landlord will obtain a Credit Reporting Agency report (commonly referred to as a credit report), in order to verify credit history. The landlord’s decision to lease the property may be based upon the information obtained from this report.
Failure to Provide Accurate Information in Application: Failure to provide accurate information on the application that is unverifiable will be considered by the landlord when deciding whether to lease the property.
Negatives: The following items may provide sufficient grounds to decline an applicant(s) and household members:
Any open bankruptcy which has not been discharged
A negative or incomplete rental reference
Any collection filed by a property management company
Any eviction or unlawful detainer action
Any conviction of, or reasonable cause to believe, that any illegal drug is currently being used and/or has in the past been used, possessed or sold by any household member
Any household member that is a registered or unregistered sex offender
Two or more charges for domestic violence or charges that are domestic violence related, and/or two or more petitions filed against applicant for orders of protection
Reasonable likelihood to believe that a household member’s abuse or pattern of abuse of alcohol interferes with the health, safety or right to peaceful enjoyment of the resident community
Reasonable likelihood to believe that a household member’s illegal use or pattern of illegal use of a drug may interfere with health, safety, or right of peaceful enjoyment of residential community
Reasonable likelihood that the applicant will be unwilling or unable to pay rent
Reasonable likelihood that the applicant or those acting under his or her control will interfere with the health, safety, security or the right of peaceful enjoyment of the residential community
Reasonable likelihood that the applicant or those acting under his or her control will cause intentional damage or destruction to the property or surrounding premises
All applicants must have a legal and verifiable social security number
Other: The landlord is entitled to include any other such criteria pertinent to the property which must be disclosed.
General Lease Provisions
Pursuant to Texas law, the names of all involved parties, including both the landlord and tenants’ names are required to be on the lease, as well as a description of the property with the address. The terms of the agreement should be clearly stated and tenants living in a residential unit in the state must be at least 18 years of age to occupy the unit.
Rental Agreement Notice Requirements
On a written month-to-month lease, the landlord is required to provide 30 days’ notice to tenants when there are changes to the lease, including an increase in rent.
Likewise, on a year-to-year lease, the landlord is required to provide at least a month’s notice to the tenant of their desire to terminate the tenancy. Read here for more information on the pros and cons of month-to-month rental leases.
On the other hand, without a written rental agreement, the landlord must provide notice equal to the rent interval period. For example, if your arrangement specifies rent will be paid montly, the tenant should have at least a month’s notice before your rent is raised. Or, if rent is expected to be paid weekly, then a week’s notice is required.
Rental Payment Laws in Texas
Rent payment regulations are relatively sparse and essentially non-existent in Texas. Landlords are required to provide tenants with a rent receipt for cash payments only.
We suggest that landlords provide tenants with rent receipts for every type of payment, so your records are accurate and thorough.
Late Fees Laws in Texas
In Texas, landlords are not legally required to charge a late rent fee. However, most landlords do in fact charge late fees, either based on a fixed dollar amount, fixed percentage, or some combination of the two.
According to §92.109 of the Texas Property Code, the late fee to be charged by the landlord is a “reasonable estimate of uncertain damages to the landlord that is incapable of precise calculation and result from late payment of rent. The late fee must be based on some damage to the landlord.”
Late fees must be written in the rental agreement if they are expected to be legally upheld and followed. If a landlord doesn’t wish to charge a late fee, then it may be omitted from the rental agreement. But we recommend having a late fee to motivate tenants to pay rent on time. Read here to learn how to handle tenants with late rental payments.
Texas Grace Period Law
The legal grace period in Texas is one day. Rent is officially late if it is paid anytime after the expected due date. After this day has passed, the landlord can legally charge the late fee.
Landlords typically provide their tenants with a payment grace period in the lease agreement, which can be one day or more. By including a grace period in the lease, tenants are aware of the exact day that a late fee will be assessed.
If the tenant fails to pay rent once the additional day passes, the landlord can declare the tenant in default under the lease agreement, or accept the rent and the appropriate late fee. If rent is still unpaid, the landlord must wait three days before giving the tenant a pay or quit notice.
Texas Laws on Repairs: Tenant’s Right, Landlord’s Duty
Under Texas Property Code, tenants have the right to have any condition that threatens their health or safety repaired by the landlord. Subchapter B of Ch. 92 of the Texas Property Code, (specifically §92.051 – §92.061) details the process a tenant must follow to enforce their repair rights and also provides specific remedies for a tenant if the landlord fails to correct or make repairs. In order for the tenant to obtain repair remedies, the tenant must give the landlord seven days’ notice. This means the landlord has seven days to make the repair once the tenant provides notice of the issue.
In order to be legally binding, the rental agreement must contain language in underlined or bold print that informs the tenant of the remedies available when the landlord fails to repair a problem that materially affects the physical health or safety of an ordinary tenant.
Legal remedies depend on the type of repair: those that threaten the health or safety of an ordinary tenant and those that do not. Examples of conditions that are a threat to health or safety are:
Plumbing stoppages
Failure to provide air conditioning
Texas law does not require landlords to provide air conditioning, but providing this service is a reasonable remedy to fix a temperature situation that is endangering a tenant’s health and safety.
Lack of hot water
Electrical shorts
Leaking roofs or ceilings
Rodent or bedbug infestations
If the landlord fails to take necessary action, then tenants can legally:
Terminate the lease and move
File suit to obtain damages and an order requiring the landlord to fix the problem
Have the problem repaired and deduct the cost from the rent
Notify the city code inspector about the problem
Fix the problem yourself
Live with it until your lease expires
There is one important exception to the landlord’s duty to repair. Pursuant to the Property Code, the landlord does not have a duty to repair a condition caused by the tenant, household members, or the tenant’s guests. If you wish to notify your landlord of a necessary repair on the premises, check out this Texas demand form.
Texas Laws on Eviction
An eviction is a lawsuit filed by a landlord to remove the tenant from the landlord’s premises. Under Texas law, these are also referred to as “forcible entry and detainer” or “forcible detainer” suits. The landlord can begin this process by providing a three-day notice to vacate. Typically, the landlord brings suit because of the tenant’s failure to pay rent or because the tenant has stayed in the unit after the lease expires.
Please keep in mind that a landlord can refuse to renew a lease for any reason, as long as the landlord is not discriminating in violation of the Fair Housing laws, or retaliating in violation of the Texas Property Code.
Retaliation occurs when the landlord wrongfully terminates the lease, files for eviction, deprives the tenant of the use of the premises, decreases certain services to a tenant, or increases the rent because a tenant tries to exercise his statutorily protected rights.
In the state of Texas, there are specific rules and regulations regarding landlord retaliation. Most notably, if the landlord takes any adverse action against a tenant within six months of the tenant’s action, the landlord is presumed to have retaliated. There are some instances where the landlord’s conduct is not considered to be retaliation under the law. This includes, but is not limited to, the tenant fails to pay rent, the tenant intentionally causes property damage to the premises, or the tenant threatens the personal safety of the landlord or employees.
If the landlord engages in activity that constitutes unlawful retaliation, the tenant may seek a judgment against the landlord for:
One month’s rent, plus $500
Reasonable costs to move to another place (if you were forced out)
Attorney’s fees and court costs.
It is important to remember that the landlord will win if he or she can prove that his or her actions were not retaliatory.
Texas Laws on Domestic Violence and Sexual Assault
In most states, including Texas, the law affords special protections to victims of domestic violence. In Texas, a landlord should not evict, threaten to evict or fail to renew a lease because the tenant has been a victim of domestic violence, sexual assault, or abuse.
The landlord must also inform the tenant, in writing, that they may break a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence. That being said, landlords can require tenants to provide proof of domestic violence status before releasing tenants from a lease, but cannot require that the tenant waive some or all of their domestic violence rights.
Finally, the rental agreement cannot prohibit the tenant from calling the police in a domestic violence situation or otherwise penalize a domestic violence victim.
Texas Laws on Changing the Locks and Security Devices
In Texas, landlords are only required to change the locks before a new tenant moves in if the keys are lost or stolen. The landlord must rekey at the tenant’s expense if requested by the tenant. The tenant can make an unlimited amount of requests. The Texas Property Code allows requests to be made orally unless a written lease states otherwise in underlined or bolded print.
Both residential and commercial landlords in Texas are required to provide certain security devices on the leased premises, including a deadbolt lock, pin lock, security bar lock and window latch. Moreover, a landlord must rekey any security device operated by a key, card, or combination on an exterior door or window at the landlord’s expense no later than the seventh day after each tenant vacates the premises. If the landlord wants tenant requests concerning security devices to be in writing, then this request must be in the rental agreement in boldface type or underlined. Chapter 92, Subchapter D of the Texas Property Code details the laws on security devices further.
If a landlord fails to install a security device that is required without a tenant request or if the landlord fails to rekey within seven days after a tenant turnover, a tenant can do one or more of the following:
Install or rekey the lock themselves and deduct the reasonable cost of repair from the next rent payment
Send a written request to the landlord and if the landlord does not comply (either on or before the third day after it is received), the tenant may unilaterally terminate the lease
File suit against the landlord and obtain a judgment directing the landlord to comply
Send a written request to the landlord and, if no response, file suit and obtain judgment
To see more on security and lock laws in Texas, read here.
Pet Laws for Texas Rentals
Texas does not have any specific pet laws. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc.
Under Texas law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. These laws also require those who operate transportation services to allow service animals. Both laws protect people in Texas who use service animals, and you are entitled to rely on whichever law gives you the most protection.
If a tenant has a service animal, he or she can give the landlord a ‘no pets’ waiver request. Landlords have the right to deny this request if allowing the pet causes the landlord financial or administrative burden. But it is very rare for a landlord to deny a service animal.
Finally, landlords are allowed to charge a pet deposit and additional pet rent if they choose.
Do Texas Landlords Need a Rental License?
Texas landlords are not required to have a rental license.
What is a rental license?
A rental license is provided by your local government, that legally enables the landlord to rent its property and assures that the rental property complies with minimum housing standards in the state.
Landlord rental licenses are not required by Texas law. However, we do advise that you check your local jurisdiction for rental license laws and be aware that they typically need to be renewed yearly by paying a fee.
What is the process for getting a rental license?
You apply for a license through your township’s website, your township schedules an inspection and then assuming you meet all of their codes, you receive a signed and dated license.
Notice of Entry Law in Texas
Landlords in Texas are required to provide written notice of entry onto the tenant’s premises. However, no notice period is specified under Texas law. As you can see below, our survey of Texas landlords shows a variety of different notice times, ranging from no notice to 48 hours notice.
We recommend that landlords provide at least 24 hours notice before entering a unit, and based on other states’ models, reasonable times are defined as Monday-Friday between 8am and 6pm.
The following are reasons for which a landlord may enter the premises:
Responding to tenant’s request
Making repairs or replacements
Estimating repair or refurbishing costs
Performing pest control or doing preventive maintenance
Changing filters, testing or replacing smoke detector batteries
Retrieving unreturned tools, equipment, or appliances
Preventing waste of utilities
Exercising a contractual lien
Leaving notices
Delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or security devices
Removing or rekeying unauthorized security devices
Removing unauthorized window coverings
Stopping excessive noise
Removing health or safety hazards (including hazardous materials), or items prohibited under lease rules
Removing perishable foodstuffs if your electricity is disconnected
Removing unauthorized animals
Cutting off electricity according to statute
Retrieving property owned or leased by former residents
Inspecting when immediate danger to person or property is reasonably suspected
Allowing persons to enter as you authorized in your rental application (if you die, are incarcerated, etc.)
Allowing entry by a law officer with a search or arrest warrant, or in hot pursuit
Showing apartment to prospective residents (after move-out or vacate notice has been given)
Showing apartment to government
In the case of an emergency, the notice of entry law is waived. Emergencies are situations where people or the property are threatened. The landlord does not have to provide any proof of the emergency at the time, but if the tenant should believe that the landlord entered unlawfully, the landlord will need proof of the emergency. Proof could be a gas report or notice from the utility company.
Sublease and Assignment Provisions
Subleasing occurs when the original tenant rents the premises (apartment or house) to another individual. In most states, subleasing is not permitted under the terms of the lease, unless the landlord consents. A typical sublease provision in Texas reads as follows:
“Lessee shall not sublet the Premises or any part thereof, nor assign this lease, without obtaining Lessor’s prior written permission to sublet or assign. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.”
Pursuant to the §91.005 of the Texas Property Code, if the tenant sublets the premises without the consent of the landlord, the landlord may evict the subtenant (the individual who has entered into the arrangement with the original tenant) and sue both the subtenant and the original tenant for any damages caused by the subletting arrangement.
However, if the lease does allow the original tenant to sublet the premises, the original tenant becomes the new landlord to the subletter (absent an express agreement between the original landlord and tenant). This inevitably transfers potential liability from the landlord to the original tenant.
Abandoned Property in Texas
Texas case law defines abandonment as “the relinquishment of possession with the intent of terminating ownership but without vesting it in anyone.” The relinquishment must be voluntary, absolute, and intentional. Furthermore, mere non-use of the property alone may be insufficient to establish abandonment. In Texas, personal property is generally presumed abandoned if the existence and location of its owner are unknown to the holder for more than three years and a claim to the property has not been asserted or an act of ownership has not been exercised within that period. In Texas, there is no requisite lease provision regarding the abandonment of property.
Required Texas Rental Agreement Disclosures
There are three required lease disclosures in Texas:
Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before the lease takes effect. Additionally, under state law, landlords must provide this EPA-approved information pamphletand fill out the following form.
Owner or Agent Identity: The landlord is responsible for disclosing, either in the lease or some other writing, the name and address(s) of the property owner. If there is another entity that is primarily responsible for maintenance or upkeep of the property, their contact information (name and street address) should also be included in the lease or in a separate writing.
Utility Disclosure: A landlord who has agreed in the lease to provide and pay for water, gas, or electric service is liable to the tenant if the utility company has cut off utility service to the tenant or has given written notice to the tenant that such utility service is about to be cut off because of the landlord has failed to pay the utility bill.
Please note that the following two disclosures are only required in specific circumstances:
Landlord’s towing or parking rules and policies: For tenants in multi-unit dwellings, if the landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord is required to provide the tenant a copy of the rules or policies before the rental agreement is signed. The copy must be signed by the tenant, included in the lease or rental agreement. The clause must be underlined, capitalized or in bold print.
Electric service interruption: If the landlord provides electric service, or master-metered electricity according to a prorated system, the landlord may interrupt tenant’s electricity service if the tenant fails to pay the bill. However, the landlord can only stop service after notice has been given and according to a specific procedure. There are exceptions for ill tenants and during extreme weather.
Oft-Cited Texas Landlord and Tenant Laws
Below, you will find references to areas of the Texas Property Code that govern rental properties and issues related to landlord-tenant law.
Requisite notice provisions required for terminating tenancies (month-to-month, year-to-year, etc.)
§91.004. Landlord’s breach of lease or lien
Tenant’s rights if the landlord breaches the rental agreement and the implementation of a lien on the landlord’s property in order to secure damages for the tenant
§91. 005 Subletting prohibited
Landlord’s prohibition on subletting the premises without their prior consent
§91.006. Landlord’s duty to mitigate damages
Landlord’s duty to mitigate damages if the tenant abandons the leased premises in violation of the lease
Definitions applicable to residential tenancies under Texas law.
§92.003. Landlord’s agent for service of process
Appropriate and authorized agents of the landlord who may be served notice if tenant brings a lawsuit.
§92.004. Harassment
Penalties to be enforced against either party (landlord or tenant) if either party engages in harassing behavior.
§92.003. Waiver or expansion of duties and remedies
Landlord’s duty and/or tenant’s remedy concerning security deposits, security devices, landlord’s disclosure of ownership and management, or utility cutoffs and whether those may be waived or expanded.
§92.008. Interruption of utilities
Landlord is prohibited from interrupting a utility service paid by the utility company unless the interruption is the result of an emergency, repair, or construction. It also discusses tenant’s remedies if landlord violates this provision.
§92.0081. Removal of Property and Exclusion of Residential Tenant
Landlord has a right to remove certain property on the premises in certain situations and consequently, the landlord is also prohibited from removing said property. Explanation of circumstances where the landlord may exclude the tenant from the premises.
§92.009 Residential Tenant’s Right of Re-entry After Unlawful Lockout
Residential tenant’s options when they have been unlawfully restricted access to the premises.
§92.103. Notice of Rule or Policy Change Affecting Tenant’s Personal Property
Required notice that landlords must give when they are changing a rule or policy (outside of the lease) that will affect tenants’ personal property.
§92.016. Right to Vacate and Avoid Liability Following Family Violence
This subsection highlights the tenant’s legal right to vacate the premises and avoid liability whereby when there has been either an incident or ongoing pattern of incidents with regards to family violence.
Subchapter B: Repair or Closing of Leasehold
§92.052. Landlord’s Duty to Repair or Remedy
Landlord has an ongoing duty to repair and/or remedy specified conditions relating to the maintenance of the leased premises.
§92.056. Landlord Liability and Tenant Remedies; Notice and Time for Repair
Tenants have certain available remedies when the landlord is in breach of the lease agreement and or the notice guidelines. Landlords have seven days after the tenant’s notice to repair the problem.
§92.0561. Tenant’s Repair and Deduct Remedies
There is a maximum amount the tenant can “repair and deduct” from rent, in the case, and capped amount, if and when the tenant repairs a condition affecting the habitability of the premises and subsequently deducts the cost of repair from rent.
§92.0563. Tenant’s Judicial Remedies
Tenant has certain judicial remedies if the landlord fails to repair or remedy the condition.
§92.058 Landlord Remedy for Tenant Violation
Landlord has certain available remedies when the tenant is in breach of or violated the terms of the lease.
Subchapter C: Security Deposits
§92.102. Security Deposits
Security deposit definition.
§92.103. Obligation to Refund
Landlord is required to refund the tenant’s security deposit at the expiration of the lease term.
§92.104. Retention of Security Deposit
In certain situations, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. The landlord may not retain any part of the security deposit to cover normal wear and tear.
§92.105. Cessation of Owner’s Interest
If the owner’s interest in the premises is terminated by sale, transfer, assignment, death, bankruptcy, or otherwise, the owner is liable for the return of the security deposits to the tenants.
§92.108. Liability for Withholding Last Month’s Rent
Tenant may not withhold rent payment of any portion of last month’s rent on grounds that the security deposit is security designed to cover for said unpaid rent.
§92.109. Liability of Landlord
Landlord is liable to the tenant if they decide to retain the security deposit.
Subchapter D: Security Devices
§92.151. Definitions
Definitions of the relevant security devices under Texas law.
§92.153. Security Devices Required Without Necessity of Tenant’s Request
Landlord is required to provide certain security devices to the tenant on the leased premises.
§92.156. Rekeying or Change of Security Devices
In certain situations, the landlord is required to rekey the premises or change certain security devices.
§92.158. Landlord’s Duty to Repair or Replace Security
Landlord is responsible for replacing and repairing certain locks or security.
§92.159. When Tenant’s Request or Notice Must Be In Writing
Tenant’s request to repair or request for a new security device must be in writing.
§92.161. Compliance With Tenant Request Required Within Reasonable Time
Landlord must comply with the tenant’s request for rekeying, changing, installing, repairing or replacing a security device (which is typically no later than 7 days after the landlord receives the request).
§92.162. Payment of Charges; Limits on Amount Charged
Landlord may require the tenant to pay for the repair or replacement of a security device, and the landlord is prohibited from requiring the tenant to pay for the repair or replacement of a security device.
§92.164. Tenant Remedies For Landlord’s Failure To Install Or Rekey Certain Security Devices
Tenant has certain remedies when the landlord fails to install or rekey certain security devices on the leased premises.
§92.1641. Landlord’s Defenses Relating to Rekeying or Reinstalling Certain Security Devices
Landlord has certain defenses in circumstances where they fail to rekey or reinstall certain security devices.
Subchapter E: Disclosure of Ownership And Management
§92.021. Disclosure of Ownership and Management
Landlord is required to disclose certain information to the tenant regarding ownership and management of the leased premises.
§92.202. Landlord’s Failure to Disclose Information
Tenant has certain remedies if the landlord fails to disclose certain information regarding ownership and management of the leased premises.
Subchapter H: Retaliation
§92.331. Retaliation By Landlord
Landlord may not retaliate against the tenant.
§92.332. Non Retaliation
Under certain circumstances, the landlord is not liable for retaliating against the tenant.
§92.202. Tenant Remedies
Tenant has certain remedies when landlord retaliates.
§93.002. Interruption of Utilities, Removal of Property, and Exclusion of Commercial Tenant
Landlord may not interrupt or cause the interruption of utility service, remove certain of the tenant’s personal property or unlawfully exclude the tenant from the leased premises, except in certain instances.
§93.003. Commercial Tenant’s Right of Reentry After Unlawful Lockout
Tenant has a right to re-enter after the tenant has been unlawfully excluded and/or locked out of the leased premises.
§93.005. Obligation to Refund Security Deposit
Commercial landlord has an obligation to refund the tenant’s security deposit.
§93.006. Retention of Security Deposit; Accounting
Before returning a security deposit, a commercial landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. Further, under this section, the landlord may not retain any part of the security deposit to cover normal wear and tear.
§93.010. Liability for Withholding Last Month’s Rent
Commercial tenant may not withhold rent payment of any portion of last month’s rent on grounds that the security deposit is security for said unpaid rent.
Chapter 94 of the Texas Property Code highlights state specific rules and regulations with regards to manufactured homes. Click on the link for more information.
§24.001. Forcible Entry and Detainer. Definition for forcible entry and detainer.
§24.002. Forcible Detainer. States when an individual is guilty of forcible detainer.
§24.005. Notice to Vacate Prior to Filing Eviction Suit. Discusses the landlord’s required notice to the tenant if the tenant who defaults or holds over beyond the rental term, before the landlord can file a suit to evict the tenant from the leased premises.
For the most part, landlord-tenant laws in Dallas are the same as state law. 36% of all housing units in the city of Dallas are renter-occupied. However, there are some rules and regulations that are worth highlighting in the landlord-tenant context:
Retaliation against tenants is explicitly prohibited by the Dallas City Code, Sec. 27-5.2. Retaliation includes, but is not limited to rent increase, diminished services or eviction in response to a complaint.
Houston Landlord-Tenant Regulations
Rules and regulations pertaining to landlord-tenant law in the city of Houston are the same as Texas law. It should be noted that 43% of all housing units in the city of Houston are renter-occupied.
Rules and regulations pertaining to landlord-tenant law in the city of Austin are the same as Texas state law. 33% of all housing units in the city of Austin are renter-occupied.
San Antonio Landlord-Tenant Regulations
Rules and regulations pertaining to landlord-tenant law in the city of San Antonio are the same as Texas state law. It should be noted that 22% of all housing units in the city of San Antonio are renter-occupied.
Disclaimer
This article is designed to convey information, and not for the purpose of providing legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated.
]]>New York Landlord-Tenant Law
https://staging.avail.com/education/laws/new-york-landlord-tenant-law
Fri, 31 Jul 2020 20:00:00 +0000https://www.avail.com/?p=2102Get a printable renter application AND learn how to screen New York tenants securely—free for landlords. READ THE FULL GUIDE! The Landlord-Tenant Environment in New York There are currently an estimated 19,889,657 residents in New York. New York City, with an estimated population of 8.5 million, comprises a little less than half the state’s entire …
Get a printable renter application AND learn how to screen New York tenants securely—free for landlords.
READ THE FULL GUIDE!
The Landlord-Tenant Environment in New York
There are currently an estimated 19,889,657 residents in New York. New York City, with an estimated population of 8.5 million, comprises a little less than half the state’s entire population. Generally, the landlord-tenant laws are landlord-friendly in both the state of New York and New York City.
In this guide, we’ll go through New York landlord-tenant law. For New York City landlords, we included specific New York City laws at the end of the guide. Please be aware that city laws may be more extensive than state laws, and landlords are required to follow both local and state laws.
Security Deposit Laws in New York
Is a security deposit required under New York law?
The landlord is not required to collect a security deposit from the tenant. However, if a security deposit is collected, the maximum amount that can be collected must be equal to one month’s rent.
Receipts of the security deposit are not required under New York law, however, they are highly encouraged for accurate bookkeeping.
When must a landlord return the deposit by in New York?
In New York, the landlord is required to return either part or all of the security deposit to the tenant, within a reasonable time after the tenant has vacated the premises. New York courts have construed a “reasonable time” to be within 14 days after the tenant leaves.
Which situations allow a landlord to withhold a security deposit in New York?
While the landlord is typically required to return the tenant’s security deposit, the landlord may withhold all or a portion of a tenant’s security deposit for damage in excess of normal wear and tear or to cover unpaid rent. The landlord may also withhold all or part of the security deposit for additional breaches of the lease agreement.
Do landlords have to pay interest on security deposits in New York?
For rental properties with six or more units, landlords must place tenants’ security deposits in an interest-bearing account. The account must earn interest at a rate that is equivalent to the interest rate for similar deposits in the same geographic area. Tenants are entitled to the majority of the interest that their security deposit earns during tenancy, yet, a landlord may collect a 1% administration fee for handling the deposit.
On the other hand, the landlord is not required to place a tenant’s security deposit in an interest-bearing account if the property has fewer than six units.
Can security deposits be commingled with other assets in New York?
Security deposits in New York must not be commingled with any personal assets of the landlord and the landlord must not attempt to use the money from the security deposit as if it is his or her own. The security deposit must be stored at a banking institution within the state of New York. Landlords are required to disclose the amount of the deposit, and the name & address of the banking institution the deposit is held at.
Rental Agreement Laws in New York
Are rental agreements required in New York?
Rental agreements are required for tenancies that are 12 months or longer in New York. Even though lease terms that are less than 12 months are not required to be in writing, we highly encourage written rental agreements, so landlords and tenants have a document to refer to with rules. According to our survey of New York landlords, the majority of them indicated they require their tenants to sign a rental agreement.
Finally, in the state of New York, the landlord is required to provide the tenant with a copy of the rental agreement 30 days after the agreement has been finalized.
Get started now by creating a New York Rental Lease with Avail. Our attorney-approved New York rental agreement includes all the necessary notices and disclosures based on your property’s address. It’s never been easier to create, modify, and sign a rental agreement. Check out our Complete Guide to Rental Leases.
What are the general lease provisions in New York?
Generally, both the owner and lessee are required to include their name on the rental agreement, the conditions of occupancy, the description of the leased premises, the term of the lease, a clear description of the rental space, who is liable for utility expenses, the amount of rent, the date rent is due, penalties for late rent payments, if any, landlord’s responsibilities, tenant’s responsibilities, provisions regarding painting, and whether pets are allowed.
Even though late fees are not a legal requirement according to the law of New York, we do recommend including a late fee rule. Furthermore, tenants living in the rental unit must be at least 18 years old.
The following lease provisions are not allowed in New York:
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
What are the rental agreement notice requirements in New York?
A month-to-month tenancy in New York may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. On the other hand, because a fixed lease term expires at the end of the term, no notice is needed.
Are there any specific required lease renewal provisions in New York?
The requirement of a lease renewal provision in the rental agreement depends on whether the premises is rent stabilized. Rent stabilization applies to apartments in buildings of six or more units constructed before 1974.
Rent stabilization means the landlord can only increase your rent by a certain percentage every year, as determined by the Rent Guidelines Board in New York. Tenants in rent stabilized apartments are entitled to lease renewals on the same terms and conditions as the original lease.
For non-rent regulated apartments, the landlord must agree to renew the lease.
Are there circumstances where the tenant can legally break the terms of the lease early in New York?
According to the laws of New York, there are certain situations where the tenant can legally break the terms of the lease. Those situations include:
The tenant is a victim of domestic violence.
The tenant is 62 years of age or older and can no longer live independently, and must move to a nursing home or other senior citizen housing.
The tenant enters active military service after signing a lease.
The landlord does not provide habitable housing under local and state housing codes.
The landlord violates the tenant’s privacy rights or harasses the tenant.
Rental Payment Laws in New York
Streamline Rent Collection for Your Rental
Easily collect rent payments and other rental fees from tenants with a rent collection app.
What are the rules and regulations regarding rent payment in New York?
In New York, when an apartment is not subject rent stabilization, the landlord is free to charge any rent agreed upon by the landlord and tenant.
The landlord shall not require the tenant to use an electronic payment system as the only method for rent payment.
Are tenants allowed to withhold rent under New York law? If so, for what purposes?
New York tenants are legally entitled to rental property that meets basic structural, health, and safety standards. If a landlord fails to take care of important maintenance, such as a leaky roof or a broken heater, or the premises does not meet basic structural, health, and safety standards, the tenant may withhold rent until repairs are made.
Are landlords required to provide rent receipts?
New York landlords must provide tenants with written rent receipts. The only exception is if the tenant pays rent via personal check, then the landlord is not required to provide a receipt (unless the tenant requests a receipt).
The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number. The receipt must be signed by the person receiving the payment and state his or her title.
Are there any provisions regarding rent control in New York?
There are two forms of rent regulation in New York: rent control and rent stabilization.
Rent control allows the landlord to charge a specific amount for rent. The goal of rent control is to act as a price ceiling, in essence preventing landlords from charging rent above that specified amount. The rent control program in New York applies to residential buildings built before February 1947. Rent control is still in effect in New York City and parts of Albany, Erie, Nassau, Rensselaer, Schenectady, and Westchester counties. In order for an apartment to be under rent control, the tenant or the tenant’s lawful successor (such as a family member, spouse, or adult lifetime partner) must have been living there continuously since before July 1, 1971.
When a rent controlled apartment is vacated in New York City or most other localities, it becomes rent stabilized or completely removed from regulation. Rent-stabilized apartments apply to buildings that were constructed before 1974 and have more than six units. The perks of rent-stabilized apartments include limits on how much your landlord can increase your rent each year and a guaranteed right to renew your lease.
Late Fees and Grace Period Laws in New York
Is there a legal requirement for late fees in New York?
In New York, a landlord can charge up to $50 or 5% of monthly rent as a late rent fee, and these fees must be written into the rental’s lease agreement. Most landlords charge late fees, either based on a fixed dollar amount, fixed percentage, or some combination of the two. The late fee should be reasonable under the circumstances.
Does New York have a law regarding grace periods?
There is a rent grace period of five days in New York. Landlords must send a written missed rent notice to their tenants after the state’s grace period is over.
If the tenant fails to pay rent at least 10 days after rent is due, the landlord may declare the tenant in default (which is when the tenant has failed to pay rent after both the due date and grace period has elapsed) under the lease agreement, or accept the rent and the appropriate late fee.
New York Laws on Repairs: Tenant’s Right, Landlord’s Duty
New York tenants are legally entitled to rental property that meets basic structural, health, and safety standards. There is an implied warranty of habitability in every written and oral residential lease in New York, which means the landlord must keep the property in good repair.
Landlords of multiple dwellings must keep the apartments and the building’s public areas in good repair, clean, and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, and ventilating systems. And appliances that landlords install, such as refrigerators and stoves, must be in good and safe working order.
In New York, there is no required notice the tenant must provide to the landlord regarding the landlord’s duty to repair. However, once notified, the landlord must make the repair within a reasonable time period. A reasonable time period depends on the severity of the repairs. If the landlord fails to remedy the situation, the tenant has the right to repair or deduct from the monthly rent.
New York Laws on Eviction
What are the New York laws on eviction?
A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unregulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment. Adequate notice must be “reasonable under the circumstances.” Unless the tenant vacates the premises by a specified date, the landlord may start eviction proceedings.
If the tenant violates the lease, the landlord must provide the tenant a ten-day notice that allows the tenant to fix the violation. If the tenant corrects the violation within the ten-day frame, the landlord cannot file an eviction lawsuit. If the tenant does not fix the violation within the ten-day period, the landlord must provide the tenant a notice of termination. The notice of termination must state that the tenant has at least 30 days to move out of the rental unit.
Once the landlord begins eviction proceedings, the tenant may raise a number of defenses:
Landlord evicts tenant through self-help (landlord’s conduct interferes with tenant’s access to or use of the property)
Landlord does not follow the proper eviction procedures
Landlord evicts tenant for not paying rent and
Tenant paid full rent
Landlord did not maintain rental unit in a fit and habitable condition (necessary utilities, heat and water, necessary repairs)
Landlord continues eviction proceedings even after tenant has paid the rent due
Landlord evicts tenant based on discrimination
New York Laws on Retaliation
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants:
Make good faith complaints to a government agency regarding violations of any health or safety laws
Take actions to protect their rights under the lease
Participate in tenant organizations
In New York, there is a presumption of retaliation if the landlord acts in this manner within six months of the date that a tenant has exercised a legal right. Tenants available remedies include collecting damages from landlords who violate this law. Please note this law applies to all rentals, except for owner-occupied dwellings with less than four units.
New York Laws on Domestic Violence, Sexual Misconduct, and Sexual Assault
In most states, including New York, the law affords special protections to victims of domestic violence. Most notably, the landlord should not evict, threaten to evict, or fail to renew a lease because the tenant has been a victim of crime, including the crimes of domestic violence, sexual assault, or abuse.
The landlord must also inform the tenant, in writing, that they may break a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence. Moreover, landlords cannot require tenants to provide proof of domestic violence status before releasing tenants from a lease, and cannot require that the tenant waive some or all of their domestic violence rights.
New York Laws on Changing the Locks and Security Devices
In New York, landlords are not required to change the locks before a new tenant moves in. Yet, most landlords do in fact re-key the premises before a new tenant moves in.
Furthermore, both residential and commercial landlords are required to provide certain security devices on the leased premises. Most notably, similar to other states’ regulations, the landlord has a duty to install entrance door locks, an intercom system, and window guards.
Moreover, landlords are required to take precautions to protect against reasonably foreseeable criminal harm and tenants are required to comply with certain safety precautions.
Tenants residing in dwellings with eight or more apartments are allowed to hire a lobby attendant service for their safety at their own expense. Further, tenants can also request that their landlord installs a mirror in each self-service elevator so that people can see in prior to entering.
After the tenant has made a request for the landlord to install one of these devices, the landlord must install it within a reasonable amount of time.
New York Pet Laws
New York does not have any specific pet laws. Landlords are allowed to create their own requirements for pets. For example, they can decide if pets are allowed, what size is allowed, etc.
According to New York law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. These laws also require those who operate transportation services to allow service animals. Both laws protect people in New York who use service animals, and tenants are entitled to rely on whichever law gives them the most protections.
Landlord are not required to have a rental licensein New York. However, we do advise that youcheck your local jurisdiction for rental license laws and be aware that, if required, they typically need to be renewed annually.
Notice of Entry Laws in New York
How much notice is a landlord required to provide tenants in New York?
There is no required amount of time that landlords must provide. That being said, 24 hours is recommended. The landlord is not required to provide notice of entry for emergency repairs. However, a landlord is required to provide notice for non-emergency maintenance and repairs and for showings to prospective tenants.
In all other circumstances, written notice must be given must state the nature of the repair. The landlord must visit the property during a “reasonable time,” which is usually interpreted as 9 a.m. to 5 p.m., Monday through Friday, holidays excluded.
Sublease and Assignment Provisions in New York
Subleasing occurs when the original tenant rents the premises to another individual. In most states, subleasing is not allowed unless the landlord consents. A typical sublease provision in New York, reads as follows:
“Tenant may not sublet all or any portion of the demised premises without Landlord’s written consent, which consent shall not be unreasonably withheld.”
In New York, landlords can impose penalties if the tenant violates the terms of the rental agreement by subleasing the premises. Any sublet that does not comply with these provisions is considered a substantial breach of lease, which could potentially result in eviction.
According to New York law, property remaining in a tenant’s home is the rightful property of the tenant. The landlord has no right to sell a tenant’s personal possessions or to discard them as abandoned property. Title and ownership remain with the evicted tenant, unless the tenant expresses her desire to abandon the property. Generally, landlords should provide their tenants with at least 30 days’ written notice to claim their property.
Because language relating to abandoned property is virtually absent in New York, we recommend updating your lease agreement to include provisions about dealing with a tenant’s abandoned property. In states without an abandoned property lease provision, it’s beneficial to include language that tells both the landlord and tenant what will happen if the tenant moves out and leaves belongings behind. For example, the clause could state that the landlord will discard any belongings left behind after abandonment of property.
Required New York Rental Agreement Disclosures
Refer a Landlord, Earn $50
Earn up to $500 in account credit by referring 10 fellow DIY landlords to create an account on Avail.
Lead paint: Under Federal law, landlords are required to provide a pamphlet informing occupants about lead. Landlords in New York must also send an annual lead notice between January 1st-15th to all tenants in pre-1960 multiple dwellings or dwellings constructed between 1960-1978 where lead-based paint is known to exist.
Structural Damage/Mold: Thelandlord is required to disclose any structural damage, including but not limited to water, fire, smoke, or insect damage and the condition of the roof, and mold.
Utility Disclosure: Landlords are required to disclose certain mechanical services and utilities, including the water source and quality, location of sewers and drainage systems, and any presence of flooding. Such notice shall be provided by the seller prior to accepting a purchase offer.
Sex Offender Disclosure: landSex Offender Registration Act of 1995 was enacted to protect communities by:
Requiring sex offenders to register with the state
Providing information to the public about certain sex offenders living in their communities.
The tenant is entitled to this information if requested.
Bed Bug Disclosure: According to the NYC Bed Bug Disclosure Act, landlords must notify prospective tenants in writing about any bed bug infestations that have occurred in their building in the past year. See the Bed Bug Form here.
Foreclosure Disclosure: New York requires the foreclosing party to notify tenants of an impending foreclosure through a notice delivered by both certified and first-class mail.
Oft-Cited New York Landlord and Tenant Laws
Below you will find references to areas of the New York rules and regulations that govern rental properties and issues related to landlord-tenant law.
N.Y. RPP §223-B. Retaliation by landlord against tenant. Under specific circumstances, landlord may not retaliate against the tenant. If landlord does retaliate, the tenant has certain rights.
N.Y. RPP §227-A. Senior Citizen Early Lease Termination. Tenants or their spouses living with them, who are sixty-two years or older, or who will attain such age during the term of their lease, are entitled to terminate their leases if they relocate to an adult care facility, a residential health care facility, subsidized low-income housing, or other senior citizen housing.
N.Y. RPP §227-C. Termination of residential lease by victims of domestic violence. Victims of domestic violence may terminate their lease early if they are able to demonstrate that there continues to be a substantial risk of physical or emotional harm to the tenant or the tenant’s child.
N.Y. RPP §231-A. Sprinkler system notice in residential agreements. Every residential lease shall provide conspicuous notice in bold face type as to the existence or non-existence of a maintained and operative sprinkler system in the leased premises.
N.Y. RPP §232-A. Notice to terminate monthly tenancy or tenancy from month-to-month in the city of New York. For a month-to-month tenancy, tenant must provide the landlord with at least 30 days’ notice if they wish to terminate the lease agreement.
N.Y. RPP. §235-A. Tenant Allowed to Withhold Rent for Failure to Provide Essential Services. Tenant is allowed to withhold rent if landlord fails to provide essential services.
N.Y. RPP. §235-B. Tenant Allowed to Repair and Deduct Rent. Tenant has the right to withhold rent or repair and deduct rent, when the landlord fails to remedy or repair.
N.Y. RPP. §235-E. Receipt of Rent. Landlord is required to provide tenant with receipt of rent after the rental agreement has been entered into.
N.Y. RPP. §235-G. Electric Billing or Payment of Rent. The landlord cannot require the tenant to use an electronic billing or payment system as the only method for the payment of rent.
N.Y. Real Property Article 14: Property Condition Disclosure in the Sale of Residential Property
NYY RPP. §462. Property Condition Disclosure Statement. Landlord has a duty to the tenant to disclose certain conditions regarding the property.
NYY RPP. §465. Remedy. Buyer has certain remedies where the seller fails to perform the duty prescribed in this article to deliver a disclosure statement prior to the signing by the buyer of a binding contract of sale.
NYC Admin. Code § 27-2011. Landlord’s Duty to Repair. Landlord has a duty to repair when tenant has complained or filed a cause for repair against the landlord.
NYC Admin. Code § 27-2045. Smoke Detectors. Landlord has a duty to provide working smoke detectors.
NYC Admin. Code 27-§ 2046.1. Carbon Monoxide Detectors. Landlord is required to provide functioning carbon monoxide detectors.
NYC Admin. Code § 27-2040. Entrance Door Locks and Intercoms. Landlord is required to provide automatic self-closing and self-locking doors at all entrances for certain dwellings.
NYC Admin. Code § 27-2042. Elevator Mirrors. Landlord is obligated to provide elevator mirrors on the leased premises.
NYC Admin. Code § 27-2043. Individual locks, peepholes and mailboxes. Landlord must provide a peephole in the entrance door of each apartment and also must install a chain-door guard on the entrance door to each apartment.
NYC Admin. Code § 27-2029. Heating Season. Landlord has a duty to provide heat of 68° F, between Oct. 1 and May 31, (6 a.m. and 10 p.m.) when the temperature outside is below 55° F and 55° F between 10:00 p.m. and 6:00 a.m. when the temperature outside is below 40° F.
N.Y. GOL § 5-702: Lease Provisions. Leases must use words with common and everyday meanings and must be clear and coherent. Sections of leases must be appropriately captioned and the print must be large enough to be read easily.
N.Y. GOL §§ 7-103(1). Separate Security Deposit Bank Account. Landlord is required to store the tenant’s security deposit in a separate bank account and not commingle the deposit with their own personal funds.
N.Y. GOL §§ 7-103(2). Receipt of Deposit. Landlord has a duty to provide the tenant with a receipt, indicating the name and address of the banking institution where the funds have been deposited and the amount deposited.
N.Y. GOL §§ 7-103(2-a): 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 §§ 7-105. Transfer of Property Ownership. When there has been a transfer of ownership in the property, landlord must notify the tenant, either by registered or certified mail, including the name and address of the new owner.
This statute highlights New York rules and regulations pertaining to multiple dwelling units.
N.Y. MDL §§ 75. Hot Water. Landlords must provide all tenants of multiple dwellings with both hot and cold water. Hot water must register at or above a constant temperature of 120 degrees at the tap. If a tub or shower is equipped with an anti-scald valve that prevents the hot water temperature from exceeding 120 degrees, the minimum hot water temperature for that tub or shower is 110 degrees.
For the most part, the rules and regulations in New York City are similar to the state of New York. There are 24a few distinct differences that are worth further explanation:
Termination of Month-to-Month Tenancy
A month-to-month tenancy in New York City may be terminated by either party by giving at least 30 days’ notice.
Rent Control v. Rent Stabilization
Rent control limits the rent an owner may charge for an apartment and restricts the right of the owner to evict tenants. Rent control is still in effect in New York City and several other counties in New York State.
In New York City, apartments are generally under rent stabilization if they are in buildings:
Of six or more units built between February 1, 1947 and December 31, 1973.
Built before February 1, 1947, with tenants who moved in after June 30, 1971.
With three or more apartments constructed or extensively renovated.
Landlords with NYC rent-stabilized units must provide tenants written notice of a lease renewal (by mail or personal delivery) between 90-150 days before the renewal.
Special Types of Housing
In New York City, several categories of special housing arrangements exist:
Manufactured and mobile home parks’ owners and tenants are governed by Real Property Law § 233 (“Mobile Homeowner’s Bill of Rights”). The Division of Housing and Community Renewal enforces compliance with this law.
New York City loft owners and tenants are governed by Multiple Dwelling Law, Article 7-C, enforced by the New York City Loft Board. The loft board ensures these residential dwellings are used in a safe and legal manner.
New York City residential hotel owners and tenants are governed by the rent stabilization law, enforced by the DHCR (Division of Housing and Community Renewal).
Senior Citizen Exemption
In New York City, a landlord may evict a senior citizen only if the tenant is provided with an equivalent or superior apartment at the same or lower rent in a nearby area.
Notice to Enter for Repair
Under New York state laws, there is no required notice before the landlord enters the leased premises for maintenance or repairs, emergency situations, or prospective showings. However, the rules for New York City are different. According to the New York Attorney General’s office, courts in New York City have interpreted “reasonable notice” to mean 24-hour notice for an inspection, and one-week notice for repairs.
Eviction Rules
Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant may be entitled to be restored to occupancy.
In New York City, a landlord may not evict a tenant in a rent-stabilized apartment if the tenant or the spouse of the tenant is a senior citizen or disabled. The only exception is if the landlord provides an equivalent or superior apartment at the same or lower rent in a nearby area.
Carbon Monoxide Requirements
Landlords of all multiple dwellings, including those owned as a condominium or cooperative, used as a residence and one-and two-family homes in New York City must provide and install an approved carbon monoxide alarm within fifteen feet of the primary entrance to each sleeping room.
Disclaimer
This article is designed to convey information, and not for the purpose of providing legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated.
]]>Arizona Landlord-Tenant Laws
https://staging.avail.com/education/laws/arizona-landlord-tenant-laws
Fri, 29 Apr 2016 01:03:27 +0000https://www.avail.com/?p=2073Get a printable renter application AND learn how to screen Arizona tenants securely—free for landlords. READ THE FULL GUIDE! Arizona Landlord-Tenant Laws Arizona landlord-tenant laws are landlord friendly. There are an estimated 5.4 million residents in Arizona. Arizona has several big cities, including Phoenix and Tucson. Phoenix has an estimated population of 1,514,208 (19% of …
Get a printable renter application AND learn how to screen Arizona tenants securely—free for landlords.
READ THE FULL GUIDE!
Arizona Landlord-Tenant Laws
Arizona landlord-tenant laws are landlord friendly. There are an estimated 5.4 million residents in Arizona. Arizona has several big cities, including Phoenix and Tucson. Phoenix has an estimated population of 1,514,208 (19% of which is renter occupied), and Tucson has a population of 520,116 (51.2% of which is renter occupied).
This guide will outline the laws both landlords and tenants should know about in Arizona.
Streamline Rent Collection for Your Rental
Easily collect rent payments and other rental fees from tenants with a rent collection app.
The landlord is not required to collect a security deposit. If the landlord decides to charge a security deposit, he or she must comply with certain requirements, explained more fully below.
Any nonrefundable fee the landlord chooses to charge must be in writing in the rental agreement (this includes any prepaid rent or security deposit).
Is there a limit to the security deposit amount?
The deposit amount cannot exceed more than one and one-half month’s rent for a deposit and any prepaid rent combined.
Storage Requirements for Security Deposits in Arizona
There aren’t any laws addressing the storage of security deposits.
Can security deposits be commingled with other assets in Arizona?
Landlords are permitted to commingle the tenant’s security deposit with any of their personal assets. However, the results of our landlord survey reveal that most landlords decide not to commingle their personal assets with the tenant’s security deposit:
Do landlords have to pay interest on security deposits in Arizona?
The tenant is not entitled to any interest accumulated on their security deposit.
When must a landlord return the deposit by in Arizona?
The landlord is required to return either part or all of the security deposit to the tenant 14 days (excluding Saturdays, Sundays or other legal holidays) after termination of the lease.
If the landlords fails to lawfully return the balance of the security deposit, the tenant may recover the property and money due the tenant together, with damages, in an amount equal to twice the amount wrongfully withheld.
Which situations allow a landlord to withhold a security deposit in Arizona?
Typically, the landlord is required to return the tenant’s security deposit at the end of the lease term. However, the landlord may withhold all or a portion of the tenant’s security deposit from the tenant for:
Damage in excess of normal wear and tear
Unpaid rent
Breach of lease
Within 14 days after the tenant has vacated the premises, the landlord must notify the tenant of the deductions and balance after deductions. The landlord must include an itemized list of damages, with an explanation for each deduction and the amount being withheld.
Rental Agreement Laws in Arizona
Are rental agreements required in Arizona?
Rental agreements are required for tenancies in Arizona that are 12 months or longer. However, even for tenancies less than 12 months, we strongly encourage our landlords to create a written rental agreement with their tenants. It’s easy to create and sign a lease online. At Avail, we offer an online Arizona rental lease.
What are the general lease provisions in Arizona?
In Arizona, certain provisions must be included in the lease agreement. Most notably, both the landlord and tenant are required to include their names on the rental agreement.
The landlord should also list the:
Conditions of occupancy
An adequate description of the leased premises
The term of the lease
The amount of rent
The date rent is due
The following provisions are optional, but strongly recommended:
What are the rental agreement notice requirements in Arizona?
In Arizona, landlords are required to provide tenants 30 days notice if they are changing anything in the lease. There are also notice requirements when terminating a lease. The amount of notice required depends on the duration of the rental agreement.
The notice requirements for lease terms are as follows:
Landlords cannot change the rent price during a fixed-term lease. They can adjust the rent price at the time of renewal. Landlords must, however, give tenants at least 30 days’ notice (in writing) to increase rent or change another term of a month-to-month rental agreement.
Are there lease renewal provisions in Arizona?
A lease term will automatically end if neither the landlord or tenant want to renew the lease agreement. Neither need to provide their reason as to why, unless requested by the other party. However, if a tenant continues to pay rent and occupy the space once the lease term expires, then the terms and conditions of the lease agreement will roll over. The lease duration would also be on a month-to-month basis, until the tenant decides to move out.
For month-to-month agreement to end, either the landlord or tenant must provide the other a written notice at least 30 days before the final day the tenant will be in the property.
Rental Payment Laws in Arizona
What are the rules regarding rent payments in Arizona?
In Arizona, the landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state. Rent is due on the date indicated in the lease agreement. While there are no legal requirements for how rent is to be paid, the landlord may request the tenant pay one and one half of first month’s rent prior to move in.
Does the landlord have to provide rent receipts?
The landlord is not required to provide the tenant with a receipt after rent has been received. There is no requirement for what the receipt should contain but we recommend basic information (name, address, payment, unit number, etc).
If you collect rent online with Avail, we automatically send rent receipts to your tenants.
Are tenants allowed to withhold rent under the laws of Arizona? If so, for what purposes?
In Arizona, tenants are allowed to withhold rent payments. Specifically, the tenant may withhold rent if the landlord deliberately or negligently fails to supply running water, gas or electrical service, and reasonable amounts of hot water or heat, air-conditioning or cooling, or other essential services.
Is there rent control in Arizona?
Arizona prohibits any rules and regulations imposing rent control or rent regulation.
Late Fees and Grace Period Laws in Arizona
Is there a legal requirement for late fees in Arizona?
There is no legal requirement for late fees for residential dwellings, yet, most landlords decide to charge late fees. For mobile homes, a late fee may not be greater than five dollars per day. Mobile home laws will be discussed in greater detail later in this guide.
There are laws addressing grace periods in Arizona for mobile homes but not for residential dwellings. For mobile homes, the landlord must wait five days after rent has become due to give the tenant a pay or quit notice; the tenant has five days to pay rent or move. If the tenant does neither, the landlord can commence eviction proceedings.
Arizona Laws on Repairs
Arizona tenants are legally entitled to a rental unit that meets basic structural, health, and safety standards. Residential leases carry an implied warranty of habitability. This means that the landlord has a duty to maintain the rental unit and keep it fit for residential purposes throughout the entire term of the lease and that the landlord must repair damage to vital facilities (including the kitchen, bedrooms, bathrooms, etc.) This warranty is implied in every written and oral lease.
Under the implied warranty of habitability law, the tenant’s obligation to pay rent and the landlord’s obligation to maintain habitable (safe, sanitary and fit) premises depend upon each other. If the landlord breaks his obligation to keep the premises in a habitable condition, the tenant may be relieved from his obligation to pay part or all of his rent until the landlord makes necessary repairs.
Repair and Deduct Law
If the apartment needs vital repairs, tenants in Arizona are allowed to make repairs and deduct the cost from rent. First, the tenant must give the landlord 10 days written notice to repair the defect. If the landlord fails to repair the problem, and the reasonable cost of repair is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may fix the problem and deduct the amount of the repair from rent.
Arizona Laws on Landlord Responsibilities
The landlord has certain responsibilities, provided here:
The landlord must comply with all applicable building codes affecting health and safety
The landlord must keep all common areas of the premises in a clean and safe condition
The landlord must maintain, in good and working order, the following facilities and appliances:
Electrical
Plumbing
Heating
Ventilating
Air-conditioning
The landlord must provide and maintain appropriate trash receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste on the premises. The landlord must also arrange for the removal of the above-mentioned items.
The landlord must supply running water and reasonable amounts of hot water at all times.
The landlord must supply reasonable heat and reasonable air conditioning or cooling where these units are installed and offered.
The landlord is not required to provide any of these appliances or services if they are not already maintained and installed within the unit.
The landlord and tenant of a single-family residence may agree in writing that the tenant is responsible to perform the landlord’s duties set out above. The landlord and tenant may also agree that the tenant is responsible for any repairs, maintenance tasks, alterations and remodeling.
The landlord and tenant of any dwelling unit other than a single-family residence may agree that the tenant is to undertake specified repairs, maintenance tasks, alterations or remodeling only if:
The agreement of the parties is entered into in good faith and documented in writing.
The agreement does not diminish or affect the obligation of the landlord to other tenant in the premises.
Also, the landlord may not prohibit the occupancy of children or or discriminate in anyway against a tenant who has children.
Arizona Laws on Eviction
What are the Arizona laws on eviction?
In Arizona, eviction actions are called “special detainer” actions. Under the Arizona Residential Landlord and Tenant Act, landlords can evict tenants for a handful of reasons. The main bases for eviction are:
Not paying rent
Violation of the lease
Committing a crime
Before the landlord can terminate the rental agreement for any of these reasons, he or she must provide the appropriate notice. The following are legal causes for eviction with the corresponding notice (depending on the reason for eviction):
Non-payment of rent: If the landlord intends to evict a tenant for not paying rent, the landlord must give the tenant written notice specifying that the tenant has five days to pay the rent or eviction proceedings will begin.
It is important to note that while the landlord is not required to accept partial payment, if he or she chooses to in fact do so, the landlord gives up the right to terminate the rental agreement for the remainder of the month.
Failure to properly maintain the rental unit in a manner that materially affects health and safety: If the landlord wishes to evict the tenant for failure to maintain the rental unit, the landlord must give the tenant written notice describing the problem and specifying that the tenant has five days to fix it or eviction proceedings will commence.
Violation of the lease or rental agreement: If the landlord wishes to evict the tenant for violating the terms of the lease agreement, the landlord must give the tenant written notice describing the problem and specifying that the tenant has 10 days to fix it or eviction proceedings will begin.
Committing a crime or engaging in an illegal activity: In these situations, the landlord must provide the tenant with an unconditional quit notice, which informs the tenant that the landlord is terminating the lease agreement immediately. The landlord will usually provide the tenant with an unconditional quit notice where the tenant is engaging in an illegal activity or committing some form of a crime, including, but not limited to the following:
Discharges a weapon
Homicide
Prostitution
Criminal street gang activity
Use or sale of illegal drugs
Assault or acts that threaten others
Falsification of information: The landlord may evict the tenant if the tenant falsified a criminal record, previous eviction records or current criminal activity records. The landlord must provide the tenant with 10 days’ notice if the landlord plans to evict the tenant for falsification of information.
If the landlord does not have a legal cause to terminate the tenancy early, the landlord must wait until the expiration of the lease term to commence eviction proceedings:
Month-to-month tenancy: The landlord must inform the tenant that the tenancy will be ending in 30 days and that the tenant must move out of the rental unit by then. If the tenant does not move in 30 days, the landlord can file an eviction lawsuit against the tenant.
Fixed lease term: The landlord must wait until the lease term has expired before expecting the tenant to move out. The landlord does not need to provide the tenant with notice unless the lease specifically requires.
Eviction Process
Notice: The landlord must provide the tenant with notice of the eviction proceedings, as previously discussed. The landlord should deliver notice with by hand or by registered and certified mail.
Complaint: The landlord files a complaint with the justice court (if the amount in dispute is $10,000 or less) or superior court in the county in which the rental unit is located.
Summons: Once the landlord has filed the complaint with the court, the tenant receives a copy of the complaint and a summons. The summons informs the tenant of the date on which the eviction hearing will take place. If the tenant wishes to fight the eviction, the tenant must be present in court for this hearing. Further, the tenant may request a brief postponement of the hearing if the tenant can show good cause.
Hearing: At the hearing, a judge will listen to the landlord as well as the tenant. The judge then will decide, on the basis of what the landlord and the tenant have said, whether or not the tenant will be evicted.
Eviction: If the judge issues an eviction order, the tenant must move out when the execution order arrives. If tenant does not move out, a sheriff may remove the tenant’s belongings and place them in storage. If the judge does not issue an eviction order, the tenant is legally entitled to possession of the premises.
Eviction Defenses
Landlord evicts tenant with a “self help” eviction: It is unlawful for a landlord to attempt to evict a tenant in any other way besides a court order. Specifically, it is illegal for the landlord to change the locks on the rental unit or turn off utilities in order to force a tenant to move out.
Landlord does not follow proper eviction procedures: The landlord must evict the tenant pursuant to the proper procedures. These procedures are outlined above and in the Arizona Residential Landlord and Tenant Act.
Landlord does not have a reason for evicting the tenant for non-payment of rent: If the landlord is evicting the tenant for not paying rent, the tenant might have a few justifications with which to fight the eviction:
Tenant has paid rent in full (the tenant has three options to pay rent and stop an eviction):
If the tenant pays rent in full during the five day time period, then the landlord must not continue with the eviction.
After the five day period but before the landlord files a complaint to bein the eviction process, tenant can stop the eviction if tenant pays the rent in full and any applicable late fees.
After the landlord files the eviction complaint but before the judge has given a final decision, the tenant can still stop the eviction by paying all the rent due, plus late fees and landlord’s court and attorneys fees.
Landlord did not make necessary repairs: If, after the tenant has provided the landlord written notice specifying the needed repairs, and the landlord fails to make such repairs, the tenant can hire a licensed contractor to make the repairs.
Landlord evicts a tenant in retaliation of tenant’s legal actions: It is illegal for the landlord to evict the tenant in retaliation for the tenant exercising any of the following legal actions:
The tenant has complained to a government agency about a building or health code violation
The tenant has complained to the landlord about repairs
The tenant has organized or joined a tenants’ union
The tenant has complained to the government agency in charge of enforcing the wage-price stabilization act
Landlord evicts the tenant based on discrimination: The Federal Fair Housing Act and Arizona Antidiscrimination law both prohibit landlords from discriminating against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability.
Tenant Holdover
If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. If the tenant’s holdover is willful and not in good faith, the landlord may recover an amount equal to, but not more than two months’ rent or twice the actual damages sustained by the landlord, whichever is greater.
Arizona Laws on Retaliation
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. In Arizona, the landlord cannot terminate a lease, refuse to renew a lease, or raise the rent on a tenant who has:
Exercised a legal right
Filed an official complaint to a Government Authority about a building or health code violation
Been involved in a tenant’s organization or joined a tenants’ union
Withheld rent for poor condition
Complained to the government agency in charge of enforcing the wage-price stabilization act (which established standards to serve as a guide for determining levels of wages)
Retaliation will be assumed if landlord responds negatively within six months of the tenant’s action.
Arizona Laws on Domestic Violence, Sexual Misconduct, and Sexual Assault
Landlord Discrimination
The landlord cannot discriminate against a tenant or prospective tenant because he or she has been a victim of domestic violence, rape, sexual assault, or stalking.
What can a tenant request when he or she has been a victim of domestic violence?
The tenant is allowed to terminate a lease with proof of domestic violence status. The offender in a domestic violence situation may be liable to the landlord for all losses incurred due to early lease termination.
The tenant can also request the landlord to change the locks. The tenant may also change the locks on their own, at their expense.
Arizona Laws on Changing the Locks and Security Devices
Landlords are not required to change the locks before a new tenant moves in, but we recommend doing so. Landlords are not required to install any specific security devices.
Arizona Pet Laws
Arizona does not have any specific pet laws. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. Read our guide to allowing pets in your rental.
Under Arizona law and the Federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. These laws also require those who operate transportation services to allow service animals.
Landlords may choose to charge a pet deposit. If so, the total deposit must not be greater than one and one half months’ rent.
Do Arizona Landlords Need a Rental License?
Landlord rental licensesare not required by Arizona law. However, the owner of residential rental property is required to register the property with the assessor in the county where the property is located.
Notice of Entry Laws in Arizona
Do landlords in Arizona have to provide notice of entry?
There are certain notice of entry laws in Arizona. The landlord must provide two days’ notice if they wish to enter the premises for the following reasons:
Non-emergency maintenance and repairs
Showing the unit to prospective tenants
If premises appear to be abandoned
The landlord does not need to provide any notice if he or she wishes to enter the premises for the following reasons:
Pesticide use
During the tenant’s extended absence
Emergencies
Entry laws for move-out inspections
Arizona has specific laws when it comes to move-out inspections. Upon the tenant’s request, the landlord must perform a joint move-out inspection. If the tenant is being evicted for a material breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant. The landlord must provide a written notification to the tenant that the tenant may be present at the move-out inspection.
Sublease and Assignment Provisions in Arizona
Under a sublease agreement, the original tenant leases the premises (apartment or house) to another individual. This individual must legally abide by the terms of the lease, as he or she has essentially taken over the lease term for a specified period of time.
Unless the lease prohibits subletting, a landlord may not unreasonably withhold permission to sublet. Subleases are completely governed by the terms of the lease. If the landlord wants to retain control of the tenant’s ability to sublease, it should state that in the lease.
A typical sublease provision in the State of Arizona, reads as follows:
“Tenant may not do any of the following without the Landlord’s written consent: (1) assign this Lease; (2) sublet all or any part of the Premises; (3) permit any person to use the Premises other than those specified in this Lease. Unless Tenant has obtained Landlord’s written consent, any assignment or subletting may be disregarded by Landlord as if it had not occurred, and Tenant shall continue to remain responsible for the performance of all terms and conditions of this Lease.”
Abandonment of Property Provisions in Arizona
Note: When Arizona law mentions abandoned property, it is in reference to the tenant’s belongings. In the section below, the word property refers to the tenant’s belongings and the word premises will describe the actual rental property.
In Arizona, there are specific procedures on how to handle abandoned property.
If the tenant leaves property behind, the landlord must follow certain procedures. The guidelines that the landlord must follow depend on how the tenancy terminated:
If the tenant vacates the premises at the end of the lease after receiving notice from the landlord, the landlord may do whatever he or she desires with the property left behind. If the landlord incurs costs associated with removing the property, the landlord may withhold that amount from the tenant’s security deposit.
If the landlord has evicted the tenant and law enforcement has legally locked them out, the landlord must give the tenant notice and then hold the property for 21 days. If the tenant does not contact the landlord in that time period, the landlord may sell or dispose of the property.
If the tenant disappears and the rental unit appears abandoned, the landlord may not dispose of the property left behind unless the landlord gives the tenant 10 days notice.
What must the notice include?
When the landlord intends to dispose of the abandoned property, he or she must comply with certain notice requirements:
The landlord must send the tenant notice by certified mail, return receipt requested, addressed to the tenant’s last known address and any alternate addresses known.
The notice must provide the location of the rental property and tell the tenant that he or she has 10 days to claim it.
The tenant has five days to reclaim their belongings if they contact the landlord before the landlord has disposed of the property. The tenant must reimburse the landlord for any costs the landlord has incurred in moving or storing the belongings.
What are the rules about storing a tenant’s abandoned property?
The landlord may store the tenant’s abandoned property in the following places:
Former tenant’s rental unit
Any other available unit the landlord owns
Landlord’s storage space
Off the premises
The landlord must use reasonable care when holding the tenant’s property. The landlord, however, is not liable for damage to the property unless the landlord damages it on purpose or handles it negligently.
The landlord may be reimbursed for storing the tenant’s abandoned property:
If the tenant doesn’t show up after the 10-day waiting period, the landlord may sell the abandoned property to cover the costs of anything the tenant owes (including the costs of storing and selling their belongings).
If the tenant attempts to reclaim their belongings, the landlord is not required to give the tenant their belongings. Only once the tenant has paid the landlord for the costs of moving and storing their belongings may the landlord relinquish the tenant’s belongings. However, the tenant may take back, at any time, the following items:
Clothing
Any tools, equipment, or books of a trade or profession
Identification or financial documents, including those related to immigration status, employment status, public assistance or medical care
However, if the proceeds from selling the abandoned property exceed what the tenant owes the landlord, the landlord must return the excess proceeds to the tenant. Specifically, Arizona law requires the landlord to mail any excess proceeds to the tenant. The landlord must keep the proceeds for the tenant for at least 12 months.
Required Arizona Rental Agreement Disclosures
Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before the lease takes effect. Additionally, under state law, landlords must provide this EPA-approved information pamphlet.
Name and Addresses: The landlord must disclose the name and address of the property owner, anyone authorized to manage the property, amount of security deposit, and the tenant’s security deposit rights.
Bedbug Disclosure: The landlord must provide bedbug educational materials to existing and new tenants. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation.
Move-In Documents: The landlord must provide the tenant with a copy of a signed lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection.
Arizona Landlord-Tenant Law is governed by the Arizona Residential Landlord and Tenant Act, which compiles relevant statutes from the Arizona legislature on landlord-tenant law. The relevant statutes are:
ARS §33-1314.01. Utility charges; submetering; ratio utility billing; allocation; water system exemption.
The landlord may charge separately for gas, water, wastewater, or electricity by installing a submetering system or by allocating the charges separately through a ratio billing system.
ARS §33-1317. Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions; civil remedy; applicability.
The landlord may not knowingly refuse to rent to a prospective tenant, solely for that reason that the tenant has a child or children.
ARS §33-1318. Early termination by tenant for domestic violence; conditions; lock replacement; access refusal; treble damages; immunity
The tenant may terminate a rental agreement if the tenant provides to the landlord written notice pursuant that the tenant is the victim of domestic violence.
The tenant’s rights and obligations under the rental agreement are terminated and the tenant shall vacate the dwelling and avoid liability for future rent. The tenant shall not incur early termination penalties or fees if the tenant provides to the landlord a written notice requesting release from the rental agreement with a mutually agreed on release date within the next thirty days, accompanied by any one of the following documents:
A copy of any protective order issued to the tenant who is a victim of domestic violence
A copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant was a victim of domestic violence
A tenant who is a victim of domestic violence may require the landlord to install a new lock to the tenant’s dwelling if the tenant pays for the cost of installing the new lock. A landlord may comply with this requirement by doing either of the following:
Rekeying the lock if the lock is in good working condition
Replacing the entire lock with an equal or better quality lock replaced
A landlord who installs a new lock at the tenant’s request may retain a copy of the key that opens the new lock
ARS §33-1319. Bedbug control; landlord and tenant obligations; definitions.
The landlord must provide bedbug educational materials to existing and new tenants. The educational materials may include:
A description of measures that may be taken to prevent and control bedbugs
Information about bedbugs, including a description of their appearance
A description of behaviors that are risk factors for attracting bedbugs such as purchasing renovated mattresses, using discarded mattresses and furniture, using used or leased furniture, purchasing pre-owned clothing and traveling without proper precautions
Information provided by the United States centers for disease control and prevention and other federal, state or local health agencies
Information provided by federal, state or local housing agencies
Information provided by nonprofit housing organizations
Information developed by the landlord
The landlord cannot enter into any lease agreement that the landlord knows to have bedbugs
The tenant has the following obligations with respect to a bedbug infestation:
The tenant shall not knowingly move materials into a dwelling unit that are infested with bedbugs
The tenant who knows of the presence of bedbugs shall provide the landlord written or electronic notification of the presence of bedbugs
ARS §33-1321- Security Deposits
If the landlord decides to charge a security deposit or pet deposit, the total value must not be greater than the value of one a half month’s rent.
The landlord must return the balance of the deposit to the tenant 14 days after termination of the lease.
Phoenix Landlord-Tenant Law
Landlord-tenant law in Phoenix is the same as Arizona state law.
Tucson Landlord-Tenant Law
Landlord-Tenant law in Tucson is the same as Arizona state law.
Disclaimer
This article is designed to convey information, and not for the purpose of providing legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated.
]]>Colorado Landlord-Tenant Law
https://staging.avail.com/education/laws/colorado-landlord-tenant-law
Fri, 29 Apr 2016 01:03:20 +0000https://www.avail.com/?p=2076Get a printable renter application AND learn how to screen Colorado tenants securely—free for landlords. READ THE FULL GUIDE! The Landlord-Tenant Environment in Colorado Colorado landlord-tenant law is generally landlord friendly. There are an estimated 5,557,560 residents in Colorado. Colorado is home to several big cities, namely Denver and Colorado Springs. Denver has an estimated …
Get a printable renter application AND learn how to screen Colorado tenants securely—free for landlords.
READ THE FULL GUIDE!
The Landlord-Tenant Environment in Colorado
Colorado landlord-tenant law is generally landlord friendly. There are an estimated 5,557,560residents in Colorado. Colorado is home to several big cities, namely Denver and Colorado Springs. Denver has an estimated population of 649,654, of which 30% is renter-occupied.
We’ll provide an in-depth look at Colorado laws, as well as local laws in Denver and Colorado Springs at the end of the guide. Please be mindful that city and local laws may be different than state laws, and landlords must follow their local laws.
Security Deposit Laws in Colorado
Is a security deposit required under Colorado law?
The landlord is not required to collect a security deposit from the tenant. However, when we surveyed our Colorado landlords, the results revealed that every landlord collects a security deposit from their tenants. Also, in the absence of a set statutory amount, the majority responded that they collect a deposit equal to the value of the tenant’s expected monthly rent price.
Under Colorado law, receipts of security deposit are not required, however, they are highly encouraged for accurate recordkeeping.
When must a landlord return the deposit by in Colorado?
If the landlord does choose to collect a security deposit, the landlord must return all or part of the security deposit within one month, unless another deadline was agreed to between landlord and tenant. However, it can never be more than 60 days after the lease end date. If hazardous conditions force the tenant to vacate, the landlord must return the deposit within 72 hours (excluding Saturday, Sunday, and Holidays).
Which situations allow a landlord to withhold a security deposit in Colorado?
While the landlord is typically required to return the tenant’s security deposit, the landlord may withhold all or a portion of a tenant’s security deposit for:
If the landlord has withheld any portion of a tenant’s security deposit, the landlord must include a written itemized statement along with the portion of the security deposit that is being returned to the tenant. This statement must specifically list each reason for deduction along with the amount deducted.
If the landlord has made deductions from the deposit and does not include a written statement with the portion of the deposit being returned, the landlord may forfeit their right to keep the amount of money they have withheld.
Do landlords have to pay interest on security deposits in Colorado?
In Colorado, the landlord is not required to pay the tenant interest on a security deposit.
Can security deposits be commingled with other assets in Colorado?
There is nothing that prohibits the landlord from commingling the tenant’s security deposit with his or her personal assets. However, our Colorado landlord survey reveals that more than half of our landlords separate the tenant’s security deposit from their own personal assets.
We recommend keeping the deposit in a separate account so that the deposit is never accidentally transferred or used during the tenancy. The landlord is expected to return the full deposit unless there is a legal reason to withhold money (unpaid rent, cover damage, etc).
Rental Agreement Laws in Colorado
Are rental agreements required in Colorado?
Rental agreements are required for tenancies that are 12 months or longer in Colorado. Even if the lease is less than 12 months, we do advise our landlords enter into written rental agreements with their tenants for added legal protection regardless of the length of the rental term. Our survey results note that all of our landlords require a written rental agreement.
Get started now by creating an online Colorado rental lease agreement with Avail. Our attorney-approved lease includes all the necessary notices and disclosures based on your property’s address. It’s never been easier to create, modify, and sign a rental agreement. Check out our tips tomake your rental lease even better.
What are the general lease provisions in Colorado?
In Colorado, the typical lease provisions include the following:
The names of both the owner and lessee (landlord and tenant, respectively)
The conditions of occupancy
An adequate description of the leased premises
The term of the lease
Who is liable for utility expenses
The amount of rent
The date rent is due
Penalties for late rent payments
Landlord’s responsibilities
Tenant’s responsibilities
Any specific use prohibitions (i.e. pets & smoking)
Tenants living in the rental unit must be at least 18 years old.
Are there any unenforceable provisions in Colorado?
According to Colorado law, landlords are not allowed to have the following provisions in their lease:
Requiring a tenant to waive habitability of the premises
Allowing the landlord to forcibly remove a tenant and the tenant’s personal property without going through the eviction process as required by Colorado law
Requiring the tenant to consent to eviction for non-payment of rent, or for any other reason, without a Three-Day Notice as required by Colorado statute
What are the rental agreement notice requirements in Colorado?
Are there any specific required lease renewal provisions in Colorado?
There are no specified lease renewal provisions in Colorado.
Rental Payment Laws in Colorado
What are the rules and regulations pertaining to rent payment in Colorado?
In Colorado, the landlord is free to charge any rent agreed upon by the parties. There are no legal requirements for how rent is to be paid and no custom clause in the lease agreements for rent payment.
Are tenants allowed to withhold rent under the laws of Colorado? If so, for what purposes?
In Colorado, tenants are allowed to withhold rent. Specifically, tenants will legally be able to withhold rent in the following circumstances:
For issues of habitability
The rental unit contains a condition that is materially dangerous or hazardous to the tenant’s life, health or safety
The landlord has received written notice of the condition and has failed to correct it
However, there are certain exceptions. These exceptions state that the tenant, in order to legally withhold rent, must follow certain statutory procedures. Before the tenant is justified in exercising these options, the following needs to happen:
The landlord must have been given notice of the problem by the tenant and a reasonable time in which to remedy the situation.
The tenant would then give notice, no less than ten and no more than thirty days that the premises are uninhabitable and the landlord has failed to remedy the breach within five days of receipt of the letter from the tenant.
Streamline Rent Collection for Your Rental
Easily collect rent payments and other rental fees from tenants with a rent collection app.
The tenant may stop paying rent only after they have followed these steps.
What are the rules and regulations pertaining to receipt of rent payments in Colorado?
The landlord is not required to provide a receipt when the tenant’s rent has been received. However, we strongly encourage landlords to provide a receipt, stating the payment date, the amount, the period for which the rent was paid, and the apartment number. If you collect rent with Avail, we automatically send receipts to your tenants.
Are there any provisions regarding rent control in Colorado?
There are no provisions regarding rent control in Colorado.
Late Fees and Grace Period Laws in Colorado
Is there a legal requirement for late fees in Colorado?
There is no legal requirement for late fees. While there aren’t any restrictions on charging the tenant with late fees, most landlords do charge late fees, which should be reasonable under the circumstances. Learn how to set a late fee here.
Does Colorado have a law regarding grace periods?
There is no statutorily mandated grace period. However, the landlord has discretion to establish a grace period and may subsequently either declare the tenant in default under the lease agreement or accept the rent and the appropriate late fee.
Colorado Landlord-Tenant Law on Repairs
Under a Colorado law applying to all residential agreements entered into or renewed as of September 1 2008, a landlord warrants that the premises are fit for human habitation and for the uses reasonably intended by the parties.
A tenant may withhold rent from a landlord if three conditions are met:
The tenant finds that the rental unit is unfit for the uses reasonably intended by the landlord and tenant.
The rental unit contains a condition that is materially dangerous or hazardous to the tenant’s life, health or safety.
The landlord has received written notice of the condition and has failed to correct it.
A habitable rental unit must meet the following standards:
Waterproofing of roof
Unbroken windows and doors
Plumbing and gas fixtures in good and working order
Running water and reasonable amounts of hot water at all times and connected to appropriate fixtures
Heating fixtures in good working order
Electric lighting in good working order
Common areas kept reasonably clean and free from infestations of vermin
Appropriate extermination in response to an infestation of vermin in a residential unit
Adequate number of garbage disposal containers in good working order
If a landlord fails to maintain or repair a habitable premises after proper notice from the tenant, a tenant may make those repairs, submit a bill for those repairs to the landlord and deduct the cost of the repairs from the tenant’s rent payments, up to $400 in any one month or $1,000 in any 12-month period.
Colorado Laws on Eviction
What are the Colorado laws on eviction?
In Colorado, the only way a landlord may terminate the remainder of the tenant’s lease term and evict the tenant from the rental premises is through a forcible detainer suit. A forcible detainer suit requires the landlord to obtain a court order, requiring the tenant to vacate the property. Any other process in which the landlord attempts to evict the tenant is deemed illegal.
The landlord may evict the tenant for any one of the following reasons:
Tenant’s failure to pay rent
Tenant’s violation of one or more terms of the lease
Tenant has refused to vacate the premises after the lease term has expired
On the other hand, the landlord may not use any form of self-help eviction, which is when the landlord evicts the tenant from the premises without abiding by the legal eviction process. Nearly every state, including Colorado, prohibits this process.
In Colorado, the eviction process, for both commercial and residential leases is as follows:
Tenant violates the lease (see above)
Demand for compliance or right to possession and three-day notice: before filing an eviction action in court, the landlord must provide the tenant with the requisite notice of the landlord’s intention to evict the tenant.
Once notice is received, the tenant must fix the lease violation or vacate the premises within the prescribed three-day time frame.
Tenant fixes lease violation within three-day notice period: if the tenant fixes the violation, the landlord may not evict the tenant.
Eviction or Forced Entry and Detainer Action in Court: if the tenant does not cure the lease violation, or move out within three days of receiving notice, the landlord may initiate the eviction proceeding in court.
Colorado Laws on Retaliation
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. Specifically, a landlord cannot increase rent or decrease services in response to the tenant, who has made a good faith complaint to the landlord or to a governmental agency alleging a breach of the warranty of habitability.
Colorado Laws on Domestic Violence, Sexual Misconduct, and Sexual Assault
In Colorado, the tenant may terminate a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence but the tenant may be responsible for one extra month’s rent. The tenant will not be responsible for an extra month’s rent if he or she provides the landlord with evidence of domestic abuse or threat of domestic abuse. The landlord cannot terminate the lease of a domestic violence victim. Colorado law also prohibits the landlord from terminating a rental agreement or imposing penalties on domestic abuse victims who call the police.
Colorado Laws on Changing the Locks and Security Devices
Landlords are not required to change the locks before a new tenant moves in. However, landlords are required to install a deadbolt lock, a pin lock and security bar lock, window latch, and window guards. After the tenant has made a request for the landlord to install one of these devices, the landlord must respond within a reasonable amount of time.
Colorado Pet Laws
Colorado does not have any specific pet laws. Subsequently, landlords are allowed to create their own requirements for pets. Under state law and the federal Americans with Disabilities Act (ADA), individuals with disabilities have the option to bring their service animals to all public forums, including government buildings, hotels, restaurants, stadiums, and stores. These laws also require those who operate transportation services to allow service animals.
Rental License in Colorado
Landlord rental licensesare not required by Colorado law. However, we do advise that youcheck your local jurisdiction for rental license laws and apply accordingly.
Notice of Entry Laws in Colorado
What are the notice of entry laws onto the tenant’s premises in Colorado?
The landlord is not required to provide notice of entry and therefore may enter the premises for the following reasons: non-emergency maintenance and repairs, emergencies, and showings to prospective tenants. That being said, 24 hours of notice is recommended. The majority of our Colorado landlords noted that they provide the tenant with at least 48 hours of notice before entering the premises.
Sublease and Assignment Provisions in Colorado
Under a sublease agreement, the original tenant leases the premises to another individual. This individual must legally abide by the terms of the lease, as they have essentially taken over the lease term for a specified period of time. Unless the lease prohibits subleasing, a landlord may not unreasonably withhold permission to sublet. In most states, subleasing is only allowed if the landlord consents
A typical sublease provision in the State of Colorado reads as follows:
“Lessee shall not sublet the Premises or any part thereof, nor assign this lease, without obtaining Lessor’s prior written permission to sublet or assign. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.”
In Colorado, personal property is considered abandoned if:
The tenant has not contacted the landlord for at least 30 days, and
There is nothing to lead the landlord to believe that the tenant is not abandoning the possessions.
If the tenant leaves possessions behind on the rental premises, the landlord should make a reasonable effort to contact that tenant. If the landlord is not able to contact the tenant, the landlord may proceed to sell or dispose of the personal property.
According to Colorado law, the landlord must give the tenant at least 15 days’ written notice by registered or certified mail, before selling or disposing of the tenant’s personal property. If the last known address is the landlord’s rental property, send the notice to that address.
Required Colorado Rental Agreement Disclosures
Lead paint: In Colorado, landlords are required to include a notice about owner responsibilities under the law with each lease where lead-based paint is known to exist. Landlords are also required to disclose a lead paint based pamphlet. Click here for the lead paint pamphlet.
Mold: Thelandlord is required to disclose any structural damage, including but not limited to water, fire, smoke, or insect damage and the condition of the roof, and mold. Click here for mold pamphlet.
Utility Disclosure: Landlords are required to disclose certain mechanical services and utilities, including, but not limited to the water source and quality, sewers, drainage, flooding. The landlord should have received this information from the seller when he or she bought the property.
Common Interest Community: Landlord must disclose whether the property is part of a common interest community, which would obligate the buyer to pay certain fees by virtue of either leasing or buying the property.
Methamphetamine: Landlord must disclose if the property has, at any time, been used as a methamphetamine laboratory. See more here.
Drinkable Water: Landlord must disclose the property’s source of drinkable water.
Transportation Projects: Landlord must disclose any proposed transportation projects that may affect the property in any way.
Special Taxing District: Landlord must disclose whether the property is in a special taxing district and, if unknown, how the prospective buyer can find out whether the property is in such a district and subject to a special tax.
Oft-Cited Colorado Landlord and Tenant Laws
Refer a Landlord, Earn $50
Earn up to $500 in account credit by referring 10 fellow DIY landlords to create an account on Avail.
C.R.S. §§38-12-102: Security Deposit (Defined). Landlord is not required to collect a security deposit but is allowed to at his or her discretion.
C.R.S. §§38-12-103: Return of Security Deposit. Landlord shall return the deposit to the tenant, when tenant vacates the premises, either all or part of the tenant’s security deposit. Landlord may withhold tenant’s security deposit under certain conditions. If the landlord has a legal justification for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit.
C.R.S. §§38-12-104: If hazardous conditions force the tenant to vacate the premises, the landlord must return the deposit within 72 hours.
C.R.S. §§38-12-402: Protection for victims of unlawful sexual behavior, stalking, or domestic violence.
A landlord shall not include in a residential rental agreement or lease agreement a provision authorizing the landlord to terminate the agreement or to impose a penalty on a residential tenant for calls made by the residential tenant for peace officer’s assistance or other emergency assistance in response to a situation involving domestic violence, domestic abuse, unlawful sexual behavior, or stalking. A residential tenant may not waive the residential tenant’s right to call for police or other emergency assistance.
If the tenant terminates the lease agreement and vacates the premises pursuant to this subsection, then the tenant is responsible for one month’s rent following vacation of the premises, due within ninety days after the tenant vacates the premises.
If the tenant notifies the landlord in writing that he or she is the victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse and provides to the landlord evidence of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, and the tenant seeks to vacate the premises, then the tenant may terminate the residential rental agreement or lease agreement and vacate the premises without further obligation.
C.R.S. §§38-12-503: Warranty of Habitability. In every rental agreement, the landlord is deemed to warrant that the residential premises is fit for human habitation.
C.R.S. §§38-12-504: Tenant’s maintenance of premises. Every tenant has a duty to use that portion of the premises within the tenant’s control in a reasonably clean and safe manner.
C.R.S. §§38-12-507: Tenant’s remedies for breach of warranty of habitability. If there is a breach of the warranty of habitability, a tenant may terminate the rental agreement by surrendering possession of the dwelling unit, unless, after proper notice has been given, the landlord remedies the defect. Tenant may recover damages directly arising from a breach of the warranty of habitability, which may include, but are not limited to, any reduction in the fair rental value of the dwelling unit.
C.R.S. §§38-12-509: Prohibition on Retaliation. A landlord shall not retaliate against a tenant for alleging a breach of the warranty of habitability by discriminatorily increasing rent or decreasing services or by bringing or threatening to bring an action for possession in response to the tenant having made a good faith complaint to the landlord or to a governmental agency alleging a breach of the warranty of habitability.
C.R.S. §§38-12-701. Tenancies of one month or longer but less than six months. For a tenancy of one month or longer but less than six months where there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least twenty-one days’ notice to the tenant.
Landlord-tenant law in Colorado Springs is the same as Colorado state law.
Disclaimer
This article is designed to convey information, and not for the purpose of providing legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated.
]]>Massachusetts Landlord-Tenant Law
https://staging.avail.com/education/laws/massachusetts-landlord-tenant-law
Fri, 29 Apr 2016 01:01:38 +0000https://www.avail.com/?p=2091Get a printable renter application AND learn how to screen Massachusetts tenants securely—free for landlords. READ THE FULL GUIDE! Massachusetts Landlord-Tenant Law Massachusetts landlord-tenant law is landlord-friendly. There are an estimated 6.8 million residents in Massachusetts. Massachusetts is home to one of the United States’ biggest cities, Boston, with an estimated population of 637,184. This …
Get a printable renter application AND learn how to screen Massachusetts tenants securely—free for landlords.
READ THE FULL GUIDE!
Massachusetts Landlord-Tenant Law
Massachusetts landlord-tenant law is landlord-friendly. There are an estimated 6.8 million residents in Massachusetts. Massachusetts is home to one of the United States’ biggest cities, Boston, with an estimated population of 637,184. This guide will discuss the laws landlords and tenant should know about in Massachusetts.
Security Deposit Laws in Massachusetts
Is a security deposit required under Massachusetts law?
The landlord is not required to collect a security deposit. If the landlord decides to charge a security deposit, he or she must comply with certain requirements.
Is the landlord allowed to charge an application fee?
The landlord may not charge an application fee.
Is there a limit to the security deposit amount?
The deposit amount cannot exceed one month’s rent.
Storage Requirements for Security Deposits in Massachusetts
Landlords are required to comply with strict requirements in the storage of security deposits. The tenant’s security deposit must be held in a separate, interest-bearing account in a bank located within Massachusetts. A receipt must be given to the tenant within 30 days after the deposit is received. The receipt must indicate the name and location of the bank in which it has been deposited and the amount and account number of said deposit.
The same notice must also be given within 30 days of moving the deposit from one financial institution to another, at the time of each annual interest payment, and within 30 days of the transfer of ownership of the property.
Can security deposits be commingled with other assets in Massachusetts?
Landlords are prohibited from commingling the tenant’s security deposit with any of the landlord’s personal assets.
Can landlords collect other fees besides security deposits?
Do landlords have to pay interest on security deposits in Massachusetts?
The tenant is entitled to any interest accumulated on their security deposit.
For year-to-year leases, the tenant is entitled to the amount of interest actually paid by the bank on the deposit. If, however, the landlord fails to deposit the security deposit in a bank, the tenant is entitled to interest at an annual rate of 5%.
Interest is payable to the tenant each year on the date the tenancy was entered into. The landlord must send the tenant a statement of the interest owed and must either include the interest or allow the tenant to deduct the amount from the next rental payment.
If the tenancy is terminated before the anniversary date (the date the tenancy was entered into), the tenant shall receive all accrued interest within 30 days of such termination.
When must a landlord return the deposit by in Massachusetts?
The landlord is required to return either part or all of the security deposit, plus the tenant’s portion of the interest or accumulated earnings to the tenant 30 days after termination of the lease.
The tenant may be entitled to three times the amount of the security deposit or the remaining balance after any lawful deductions have been made, with interest, plus court costs and reasonable attorney’s fees if the landlord:
Fails to deposit the security deposit into a separate, interest-bearing account in a Massachusetts bank.
Fails to return the security deposit (or balance after lawful deductions) with interest within 30 days after termination of the lease.
Fails to transfer the security deposit or last month’s rent to the new landlord after the sale of the rental property.
Which situations allow a landlord to withhold a security deposit in Massachusetts?
Typically, the landlord is required to return the tenant’s security deposit at the end of the lease term. However, the landlord may withhold all or a portion of the tenant’s security deposit from the tenant for:
Damage in excess of normal wear and tear
Unpaid rent
Unpaid utility bills
Breach of lease
Any unpaid real estate taxes (if the tenant is bound to pay pursuant to a valid tax escalator clause in the lease)
Within 30 days after the tenant has vacated the premises, the landlord must notify the tenant of the deductions and balance after deductions. The landlord must include an itemized list of damages, detailing the nature of the damage and of the repairs necessary to correct such damage, and written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost.
Required Move-in Statement of Condition with Security Deposit
Massachusetts also requires a move-in statement of condition if the landlord collects a security deposit. In this situation, the landlord must give the tenant a signed, separate statement of the present condition of the apartment, including a comprehensive list of any existing damage. The landlord may also require the tenant to pay the security deposit prior to move in.
The landlord must provide this move-in statement to the tenant upon receipt of the security deposit or within 10 days after the tenancy begins, whichever is later.
The written statement must contain the following language:
“This is a statement of the condition of the premises you have leased or rented. You should read it carefully in order to see if it is correct. If it is correct you must sign it. This will show that you agree that the list is correct and complete. If it is not correct, you must attach a separate signed list of any damage which you believe exists on the premises. This statement must be returned to the lessor or his agent within fifteen days after you receive this list or within fifteen days after you move in, whichever is later. If you do not return this list, within the specified time period, a court may later view your failure to return the list as your agreement that the list is complete and correct in any suit which you may bring to recover the security deposit.”
If the tenant disagrees with the contents of the statement, the tenant is required to return a corrected copy to the landlord within fifteen days after receiving the list, or fifteen days after move in, whichever is later. If the tenant fails to return the list and later sues to recover the balance of the security deposit, the court will likely assume that the tenant agreed with the initial contents of the statement.
If the tenant submits a separate list of damages, the landlord must return it within 15 days of receipt with a clear written response of agreement or disagreement. The signed statement and the original condition statement are the basis upon which future deductions for damage will be made (at the end of the lease).
Rental Agreement Laws in Massachusetts
Are rental agreements required in Massachusetts?
Rental agreements are required for tenancies of 12+ months or longer in Massachusetts. Even if the tenancy is less than 12 months, we strongly encourage our landlords to create a written rental agreement with their tenants. It’s easy to create and sign a lease online. At Avail, we offer an online Massachusetts-specific rental lease.
What are the general lease provisions in Massachusetts?
In Massachusetts, certain provisions must be included in the lease agreement. Most notably, both the landlord and tenant are required to include their names on the rental agreement.
The landlord should also list the:
Conditions of occupancy
An adequate description of the leased premises
The term of the lease
The amount of rent
The date rent is due
The following provisions are optional, but strongly recommended:
Who is liable for utility expenses
Penalties for late rent payments
Landlord’s responsibilities
Tenant’s responsibilities
Whether pets are allowed
Security deposit
Cleaning fees
What are the rental agreement notice requirements in Massachusetts?
Landlords are typically required to provide tenants notice if they are changing anything in the lease. In Massachusetts, the amount of notice depends on what kind of rental agreement the landlord and tenant have.
Please note that landlords cannot change the rent price during a fixed term lease. They can adjust the rent price at the time of renewal.
The notice requirements for lease terms are as follows:
Are there lease renewal provisions in Massachusetts?
Before the lease ends, the landlord can decide whether he or she wants to offer a lease renewal. If the landlord chooses to offer a renewal, the offer must be in writing and given to the tenant no less than {x} days before the lease ends.
What are the rules regarding rent payments in Massachusetts?
In Massachusetts, the landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state. Rent is due on the date indicated in the lease agreement. While there are no legal requirements for how rent is to be paid, the landlord may request the tenant pay first month’s rent prior to moving in.
If the landlord wants to increase the price of rent, the landlord may only do so when the lease term expires. For at-will tenants (month-to-month, week-to-week, etc.), the landlord may increase the rent price by providing 30 days’ notice.
Are tenants allowed to withhold rent under the laws of Massachusetts? If so, for what purposes?
In Massachusetts, tenants are allowed to withhold rent payments. The Massachusetts Supreme Judicial Court ruled that when a landlord fails to maintain a dwelling in habitable condition, a tenant may properly withhold a portion of the rent from the date the landlord has notice of this breach of warranty of habitability.
At least one of the following must be true before the tenant can legally withhold rent:
The tenant has notified the landlord in writing to make the necessary repairs.
The local Board of Health has inspected the tenant’s apartment and found health code violations and notified the landlord.
The tenant is current in rent up until the time the landlord learns of the problem, the tenant is not the cause of the problem, and the unsanitary conditions do not require the apartment to be vacated to make repairs.
If the tenant withholds rent, he or she must deposit the withheld rent with the Clerk of the Court. The tenant must follow these instructions.
Does the landlord have to provide rent receipts?
The landlord is required to provide the tenant with a receipt within 30 days of rent being received. There is no requirement for what the receipt should contain but we recommend basic information (name, address, payment, unit number, etc).
If you collect rent online with Avail, we automatically send rent receipts to your tenants.
Massachusetts law also allows the tenant to pay the landlord the first month’s rent amount prior to move-in. The landlord must provide a receipt.
Is there rent control in Massachusetts?
Massachusetts does not have any laws addressing rent control or rent regulation.
Late Fees and Grace Period Laws in Massachusetts
Is there a legal requirement for late fees in Massachusetts?
There is no legal requirement for late fees, yet, most landlords decide to charge late fees. The lease may permit a late charge when the rent is not paid by a certain date, but any fees that the landlord intends to charge should be clearly stated in the terms of the lease. Because there are no other laws in the Massachusetts addressing late fees, we recommend charging a reasonable late fee.
Is there a legal grace period in Massachusetts?
There are laws addressing grace periods in Massachusetts. The landlord must wait 30 days after rent has become due to give the tenant a pay or quit notice. This means the tenancy is terminated 30 days after the tenant receives the notice.
Once the tenant’s rent becomes due, the tenant has not paid, and the pay and quit notice has been received, the landlord can start eviction proceedings immediately.
Massachusetts Laws on Repairs
Massachusetts tenants are legally entitled to a rental unit that meets basic structural, health, and safety standards. Residential leases carry an implied warranty of habitability. This means that the landlord has a duty to maintain the rental unit and keep it fit for residential purposes throughout the entire term of the lease and that the landlord must repair damage to vital facilities. This warranty is implied in every written and oral lease.
Under the implied warranty of habitability law, the tenant’s obligation to pay rent and the landlord’s obligation to maintain habitable (safe, sanitary and fit) premises depend upon each other. If the landlord breaks his obligation to keep the premises in a reasonable condition, the tenant may be relieved from his obligation to pay part or all of his rent until the landlord makes necessary repairs.
Repair and Deduct Law
Tenants in Massachusetts are allowed to repair and deduct rent. First, the tenant must give the landlord 14 days written notice to repair the defect. If the landlord fails to repair the problem, the tenant may fix the problem and deduct the amount of the repair from rent.
The tenant must keep a receipt for all repairs.
A tenant may deduct up to four months of rent from rent due if three conditions are met:
The local board of health or other code enforcement agency has certified that the present conditions endanger tenant’s health or safety.
The landlord receives written notice of the existing violations from the inspecting agency.
The landlord is given five days from the date of notice to begin repairs or to contact for outsider services and 14 days to substantially complete all necessary repairs.
If the landlord fails to make the necessary repairs under these conditions, then the tenant has the right to move out. However, upon moving out, the tenant must pay the fair rental value for the period the tenant occupied the apartment and must vacate within a reasonable amount of time.
Water: The landlord must provide enough water for ordinary usage. The landlord also must provide the means to heat the water to 110º F-130º F degrees. The tenant may be responsible for the cost of water and fuel to heat it.
Heat: From September 16 to June 14, every room must be heated to at least 68º F between 7:00 AM and 11 PM, and at least 64º F at all other hours. The tenant may be responsible for the fuel or electricity to heat the unit.
Kitchen: The landlord must provide the following in the kitchen: a sink of sufficient size and capacity for washing dishes and kitchen utensils, a stove and oven in good repair (unless the written lease requires otherwise), and space and proper facilities for the installation of a refrigerator. The landlord does not have to provide a refrigerator. If a refrigerator is provided, however, the landlord must keep it in working order.
Cockroaches and Rodents: If there are two or more apartments in the building, the landlord must maintain the unit free from rodents, cockroaches, and insect infestation.
Also, the landlord may not prohibit or restrict the occupancy of children.
Massachusetts Laws on Eviction
What are the Massachusetts laws on eviction?
There are three primary reasons why a landlord in Massachusetts can evict a tenant:
Not paying rent
Violation of the lease
Illegal activity on the property
When providing the notice to pay or quit, the landlord must give the tenant enough time to remedy the violation. The landlord must provide 14 days for the tenant to either pay unpaid rent or remedy lease violations before proceeding with the next step. If, however, the tenant is engaging in an illegal activity or criminal behavior on the premises, the landlord can commence eviction proceedings immediately. Illegal activity includes, but is not limited to prostitution, illegal gambling, the illegal keeping or sale of alcoholic beverages, or the possession, sale, or manufacturing of illegal drugs. If the tenant is being evicted for failing to pay rent, the tenant may avoid the eviction process by paying rent within 10 days of receiving such notice.
For all other fixed lease terminations, the landlord must provide seven days notice, and for weekly and monthly tenants, the tenant must receive 30 days’ notice or notice equal to one full rent period, whichever is longer.
Eviction Process
Summary Process and Complaint: Once the tenancy has terminated, the landlord can have a summons and complaint served on the tenant. Between seven and 30 days after the tenant has been served with the summons and complaint, the landlord can file the complaint in a court of law. Must be filed on a Monday.
Answer: After the complaint has been entered, the tenant may answer with reasons why they should not be evicted. The tenant may also raise any counterclaims against the landlord (health violations, retaliation, harassment, improper eviction procedure).
Judgment and Appeal: Once the judgment is rendered (the judge has made a decision on the eviction), both the tenant and landlord have the opportunity to appeal the decision. Either party may file a notice to appeal within 10 days after the date judgment has been entered.
Execution: This is the judge’s eviction order. The landlord cannot evict the tenant without this order. If a physical eviction is allowed, the court will provide the landlord the execution 10 days after the judgment is entered. The tenant must receive the notice of the date and time the eviction will take place at least 48 hours in advance. The landlord may use the execution order anytime within a three-month period.
Stay of Execution: The tenant may be able to convince a judge that they cannot, in good faith, find a place to live. If this is the case, the judge may grant the tenant a stay of execution, allowing the tenant to stay on the premises for up to six months. Elderly or disabled tenants are permitted to stay for up to a year.
Eviction: The tenant must move out when the execution order arrives. If the tenant does not move out, a sheriff may remove the tenant’s belongings and place them in storage.
Eviction Defenses
The landlord evicts the tenant with a “self-help” eviction: It is unlawful for a landlord to attempt to evict a tenant in any other way besides a proper court order.
The Landlord does not follow proper eviction procedures: The landlord must evict the tenant pursuant to the proper procedures.
Tenant is evicted for failing to pay rent: The tenant can stop the eviction process by paying the balance of rent due before the eviction action is filed. Moreover, if the landlord tries to evict the tenant for not paying rent, the tenant can provide proof that the tenant requested necessary repairs to the rental unit and the landlord did not make necessary repairs to the rental unit.
Landlord evicts the tenant based on discrimination: The Federal Fair Housing Act and Massachusetts Antidiscrimination law both prohibit landlords from discriminating against a tenant based on creed, gender identity, sexual orientation, age, genetic information, ancestry, marital status, veteran or armed forces status, blindness, hearing loss, or any other disability.
Massachusetts Laws on Retaliation
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. In Massachusetts, the landlord cannot terminate a lease, refuse to renew a lease, or raise the rent on a tenant who has:
Exercised a legal right
Filed an official complaint with a Government Authority
Been involved in a tenant’s organization
Withheld rent for poor condition
Retaliation will be assumed if landlord responds negatively within six months of tenants action.
Massachusetts Laws on Domestic Violence, Sexual Misconduct, and Sexual Assault
In Massachusetts, the law affords special protections to victims of domestic violence, rape, sexual assault, and stalking. Victims of these crimes cannot be discriminated against and they can terminate the lease or request lock changes within three months of the offense.
Landlord Discrimination
The landlord cannot discriminate against a tenant or prospective tenant because he or she has been a victim of domestic violence, rape, sexual assault, or stalking.
Specifically, the landlord cannot:
Refuse to rent to a prospective tenant who is a victim of domestic violence or sexual assault.
Refuse to renew the tenant’s rental agreement.
Retaliate against the tenant.
Refuse to enter into a rental agreement based on tenant’s having previously terminated a lease or previously requested a lock change due to domestic violence.
The landlord is entitled to verify the tenant’s claim of domestic violence status.
What can a tenant request when he or she has been a victim of domestic violence?
The tenant is allowed to terminate a lease with proof of domestic violence status. However, the request to terminate must happen within three months from the date of the domestic violence incident.
The tenant can also request the landlord to change the locks, or allow the tenant to change the locks at the tenant’s expense.
Massachusetts Laws on Changing the Locks and Security Devices
Landlords are not required to change the locks before a new tenant moves in, but we recommend doing so. Landlords are not required to install any specific security devices.
Massachusetts Pet Laws
Massachusetts does not have any specific pet laws. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc. Read our guide to allowing pets in your rental.
Under Massachusetts law and the Federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. These laws also require those who operate transportation services to allow service animals.
Do Massachusetts Landlords Need a Rental License?
Landlord rental licensesare not required by Massachusetts law.
Notice of Entry Laws in Massachusetts
Do landlords in Massachusetts have to provide notice of entry?
There is no notice of entry law in Massachusetts. The landlord does not need to provide any notice if they wish to enter the premises for the following reasons:
Non-emergency maintenance and repairs.
Emergencies.
Pesticide use.
Showing the unit to prospective tenants.
In accordance with a court order.
If premises appear to be abandoned.
To inspect the premises within the last 30 days of tenancy in order to determine the amount of damage to be deducted from the security deposit.
While there is no notice required, 24 hours is recommended. We surveyed our Massachusetts landlords on how much notice they provide their tenants before entering the rental unit:
Sublease and Assignment Provisions in Massachusetts
Under a sublease agreement, the original tenant leases the premises (apartment or house) to another individual. This individual must legally abide by the terms of the lease, as he or she has essentially taken over the lease term for a specified period of time.
Unless the lease prohibits subleasing, a landlord may not unreasonably withhold permission to sublet. In Massachusetts, subleasing is only allowed if the landlord consents.
A typical sublease provision in the State of Massachusetts reads as follows:
“Tenant may not do any of the following without the Landlord’s written consent: (1) assign this Lease; (2) sublet all or any part of the Premises; (3) permit any person to use the Premises other than those specified in this Lease. Unless Tenant has obtained Landlord’s written consent, any assignment or subletting may be disregarded by Landlord as if it had not occurred, and Tenant shall continue to remain responsible for the performance of all terms and conditions of this Lease.”
Abandonment of Property Provisions in Massachusetts
Note: When Massachusetts law mentions abandoned property it is in reference to the tenant’s belongings. In the section below, the word property refers to the tenant’s belongings and the word premises will describe the actual rental property.
In Massachusetts, there are specific procedures on how to handle abandoned property.
Generally, the landlord may dispose of any personal property left on the premises by a tenant after 1) giving the required notice, and 2) if the landlord reasonably believes under all the circumstances that the tenant has left the property upon the premises with no intention of retrieving it.
The landlord must first give written notice to the tenant by certified mail informing the tenant that the property is considered abandoned and must be removed from the premises:
For all property other than manufactured or mobile homes, the tenant must respond within 30 days after delivery of the notice, or not less than 33 days after the date of mailing, whichever comes first.
For manufactured or mobile homes, the tenant must respond not less than 75 days after the delivery of the notice, or not less than 78 days after the date of mailing, whichever comes first. If the tenant fails to respond within these prescribed time frames, the property will be sold or otherwise disposed of.
After notifying the tenant, the landlord must store all goods and other personal property of the tenants’ in a place of safekeeping.
The landlord must also exercise reasonable care for the property. However, the landlord is not required to exercise reasonable care if they dispose of perishable food and may allow an animal control agency or humane society to remove any abandoned pets or livestock.
If the abandoned property is not removed, the landlord has several options:
The landlord may sell the property at a public or private sale.
The landlord may destroy or otherwise dispose of the property if the landlord reasonably determines that the value of the property is so low that the cost of storage and conducting a public sale would probably exceed the amount that would be realized from the sale.
The landlord may sell items of value and destroy or otherwise dispose of the remaining property.
Property is considered abandoned if:
If the tenant responds in writing or orally to the landlord that they intend to remove the property, on or before the day specified in the required notice, but he or she does not remove it within the time specified in the notice (or within 15 days after the written response, whichever is later).
No response is received from the tenant within the time period provided.
Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before the lease takes effect. Additionally, under state law, landlords must provide this EPA-approved information pamphletand fill out the following form.
Name and Addresses: The landlord must disclose the name and address of the property owner, anyone authorized to manage the property, the amount of the security deposit, and the tenant’s security deposit rights.
Disclosure of Insurance: If the tenant so requests, the landlord has 15 days to supply the name of the property’s insurance company and verification of the amount of coverage against loss or damage by fire. The landlord must also disclose the name of any person who would receive payment for such a loss as covered by the insurance.
If the tenant does not pay rent under the terms of the lease, the landlord may terminate the lease. The landlord may terminate the lease by either terminating the lease in accordance with the termination provisions set out in the lease or provide the tenant with at least a 14-day notice to quit.
The landlord may enter the premises for the following reasons:
In accordance with a court order.
If the premises appear to be abandoned.
To inspect the premises within the last 30 days of the tenancy.
To inspect the premises after either party has given notice to the other of intention to terminate the tenancy, for the purpose of determining the amount of damages.
The landlord cannot require the tenant to pay a security deposit in excess of one month’s rent.
The landlord cannot charge a late fee until 30 days after rent is due.
The landlord cannot commingle the security deposit with any of the landlord’s personal assets.
If the tenant pays the landlord rent before first month’s rent becomes due, the landlord must pay the tenant interest on the security deposit at a rate of 5% each year of the lease term. If the landlord fails to pay interest, the tenant may recover court costs and reasonable attorney fees.
The landlord is required to provide the tenant a security deposit receipt.
Either 10 days after the tenancy begins or upon receiving the tenant’s security deposit, the landlord must provide the tenant with a written statement of the present condition of the premises.
The written statement must contain a comprehensive list of any damage in the premises, including any violations of the state sanitary or state building codes.
If the landlord holds a security deposit for more than a year, the landlord must pay the tenant five percent interest per year.
After the landlord and tenant have orally agreed to enter into a lease agreement, the landlord should provide the tenant with a copy of the lease agreement.
The landlord may not take any retaliatory action against the tenant because the tenant has engaged in some lawfully protected activity. Lawfully protected activity includes, but is not limited to:
The tenant exercising a legal right
The tenant filing an official complaint with a government authority
The tenant may terminate a rental agreement or tenancy upon written notification to the landlord that a member of the household is a victim of domestic abuse, rape, sexual assault, or stalking.
The tenant must notify the landlord of the domestic violence, rape, sexual assault or stalking within three months of the most recent act of domestic violence, rape, sexual assault, or stalking.
The landlord has the right to request proof of the status as a victim of domestic violence, rape, sexual assault or stalking, including the name of the perpetrator.
Proof of status as a victim of domestic violence, rape, sexual assault or stalking may be satisfied by one of the following documents:
Copy of a valid protection order.
A record from a federal, state or local court or law enforcement of an act of domestic violence, rape, sexual assault or stalking and the name of the perpetrator if known.
A written verification from any qualified third-party to whom the tenant, co-tenant, or member of the tenant or co-tenant’s household reported the domestic violence, rape, sexual assault or stalking.
Boston Landlord-Tenant Law
Boston landlord-tenant law is essentially the same as Massachusetts state law. However, Boston does have its own municipal code that contains some differences. See the City of Boston Municipal Code here. Below are some oft-cited provisions of the Boston Municipal Code.
Chapter X, 10-2.2. Rent Equity Board.
The City of Boston Rent Equity Board is responsible for promulgating such policies, rules, rulings, and regulations, and shall issue such orders, as will further the provisions of this ordinance. The Board is also responsible for establishing and adjusting the maximum rent for housing accommodations, adjusting the rent for decontrolled housing accommodations, granting or denying certificates of eviction, and granting, denying or modify removal permits.
The board is required to have every landlord of rent controlled or vacancy decontrolled housing accommodations pay an annual charge for services provided by the Board.
Chapter X, 10-2.5. Adjustment of Maximum Rent.
The Board is required to adjust the annual maximum rent for all controlled housing accommodation.
Chapter X, 10-2.9 (A). Rights of Elderly and Handicapped Tenants to Have Pets.
The landlord must allow any elderly or handicapped tenant to own household pets or have pets live in the unit.
The landlord of a controlled housing accommodation (subject to rent control) must not restrict or discriminate against any elderly or handicapped tenant in connection the tenant’s ownership of common household pets or the presence of household pets in that tenant’s unit.
Disclaimer
This article is designed to convey information, and not for the purpose of providing legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated.
]]>North Carolina Landlord-Tenant Law
https://staging.avail.com/education/laws/north-carolina-landlord-tenant-law
Fri, 29 Apr 2016 01:00:10 +0000https://www.avail.com/?p=2103Get a printable renter application AND learn how to screen North Carolina tenants securely—free for landlords. READ THE FULL GUIDE! North Carolina Landlord-Tenant Law North Carolina landlord-tenant law is typically landlord-friendly. There are currently an estimated 10 million residents in North Carolina. North Carolina is home to two major cities, Charlotte, with an estimated population …
Get a printable renter application AND learn how to screen North Carolina tenants securely—free for landlords.
READ THE FULL GUIDE!
North Carolina Landlord-Tenant Law
North Carolina landlord-tenant law is typically landlord-friendly. There are currently an estimated 10 million residents in North Carolina. North Carolina is home to two major cities, Charlotte, with an estimated population of 792,137 residents, and Raleigh, with an estimated 458,880 residents.
With this guide, we’ll go through the laws that landlords and tenants in North Carolina should know about. For Charlotte and Raleigh landlords, we included specific local laws at the end of the guide. Please note that city laws may be more extensive than state laws, and landlords are required to follow both local and state laws.
Security Deposit Laws in North Carolina
Is a security deposit required under North Carolina law?
The landlord is not required to collect a security deposit from the tenant. However, if landlords charge a security deposit, they must comply and act within certain parameters. Specifically, landlords may only charge the tenant a security deposit up to a certain amount, based on the length of the lease term.
For week-to-week tenants, the maximum amount the landlord may charge is two weeks’ rent. For month-to-month tenants, the maximum amount the landlord may charge is 1.5x the monthly rent price. For a longer, fixed-term lease, the maximum amount the landlord may charge is two months’ rent.
We surveyed our landlords in North Carolina to find out what deposit amount they collected. The vast majority (89%) collect a deposit equal to the monthly rent price.
When must a landlord return the deposit by in North Carolina?
The landlord is required to return either part or all of the security deposit to the tenant 30 days after the tenant has vacated the premises unless the landlord needs more time to evaluate the damage. In that case, the landlord must send notice within 30 days, with a final decision within 60 days.
Which situations allow a landlord to withhold a security deposit in North Carolina?
While the landlord is required to return the tenant’s security deposit, the landlord may withhold all or a portion of a tenant’s security deposit from the tenant for damage in excess of normal wear and tear, unpaid rent, unpaid utility bills, breach of lease, costs of re-renting the unit, costs to remove and store tenant’s possessions after eviction, court costs, and any additional unpaid bills the tenant has accumulated during their tenancy that could cause a lien (notice attached to the property telling everyone that a creditor claims tenant owes some money) to be placed against the property.
The landlord must notify the tenant of the deductions and balance, after deductions, within 30 days of the tenant vacating the premises. The landlord must also provide an itemized list of damages or deductions.
Storage Requirements for Security Deposits in North Carolina
Landlords are required to comply with certain requirements in the storage of security deposits. Landlords have two options for storing a tenant’s security deposit:
The landlord may elect to store the deposit in a trust account, licensed and located in an insured bank or financial institution in the state.
A landlord can also elect to post a bond for the amount of the security deposit. The bond must be issued by an insurance company with a business license in North Carolina. If the landlord posts a bond for the amount of the security deposit in the state of North Carolina, they are then free to keep the security deposits in a trust account outside of the state if they choose.
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 the deposit is currently located or the name of the insurance company providing the bond. After the landlord receives a tenant’s security deposit and places it into an account, or transfers any part of the deposit, the landlord shall notify the tenant by mail of such transfer and of the transferee’s name and address.
Here’s an example:
Dear Tenant,
I will be storing the balance of your security deposit in [insert account name] account at [insert bank or other financial institution’s address]. I plan on notifying you if the balance of the deposit is transferred to a new location [bank or financial institution] at any point during your tenancy. If transferred, I will notify you of the name and address of the new location. Please let me know if you have any questions.
If the landlord (or the landlord’s successor in interest) fails to refund the tenant’s security deposit, the tenant may bring a cause of action to recover the balance of the security deposit.
Do landlords have to pay interest on security deposits in North Carolina?
The tenant is not entitled to any interest under North Carolina law.
Can security deposits be commingled with other assets in North Carolina?
Landlords are allowed to commingle the tenant’s security deposit with any of the landlord’s personal assets. However, we recommend separating these funds to avoid any potential mistakes and liability.
Rental Agreement Laws in North Carolina
Are rental agreements required in North Carolina?
Rental agreements are required for tenancies for 12 months or longer in North Carolina. Even if the tenancy is less than 12 months, we encourage our landlords to enter into written rental agreements with their tenants for added legal security. In a survey of our North Carolina landlords, all of them reported they had a written rental agreement.
Get started now by creating an online North Carolina rental lease agreement. Our state-specific rental agreement includes all the necessary notices and disclosures based on your property’s address. It’s easy to create, modify, and sign a rental agreement.
What are the general lease provisions in North Carolina?
Under North Carolina law, certain provisions must be included in the lease agreement. Most notably, the landlord and tenant are required to include their names on the rental agreement. The landlord should also list the:
Conditions of occupancy
An adequate description of the leased premises
Other lease provisions include:
The term of the lease
A clear description of the rental space
Who is liable for utility expenses
The amount of rent
The date rent is due
Penalties for late rent payments
Landlord’s responsibilities
Tenant’s responsibilities
Provisions regarding painting
Whether pets are allowed
What are the rental agreement notice requirements in North Carolina?
Where there is no written rental agreement,, we advise the landlord to provide the tenant with notice equal to the rental term regarding any verbal changes to the lease. The notice requirements for all other lease terms are as follows:
On a month-to-month lease, both the tenant and landlord are required to provide seven days’ notice of their intention to terminate the lease.
For a year-to-year or definite lease term, the tenant and landlord must provide one another with one month’s’ notice or more before the end of the current tenancy, of their desire to terminate.
On a lease that is at least one week but less than one month, landlord and tenant must provide tenant two days’ notice.
For a manufactured (mobile) home lease, 60 days notice is required.
Are there any required lease renewal provisions in North Carolina?
There are no specified lease renewal provisions in North Carolina.
Rental Payment Laws in North Carolina
What are the rules regarding rent payments in North Carolina?
In North Carolina, the landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state. Similarly, there are no legal requirements for how rent is to be paid.
Streamline Rent Collection for Your Rental
Easily collect rent payments and other rental fees from tenants with a rent collection app.
North Carolina law does not mention the required notice the landlord must provide tenants in order to increase the rent. Unless the rental agreement specifies otherwise, the landlord is typically required to provide the same amount of notice to change the rent of the tenancy as state law requires the landlord to provide when ending the tenancy.
Are tenants allowed to withhold rent under the laws of North Carolina? If so, for what purposes?
In North Carolina,tenants are not allowed to withhold rent payments. However, there are two exceptions. Tenants can withhold rent when:
Landlord consents to it in writing or
When a judge or civil magistrate allows the tenant to withhold rent pursuant to a court order
Are landlords required to provide rent receipts in North Carolina?
The landlord is not required to provide the tenant with a receipt when rent has been received. However, we strongly recommend the landlord provide a receipt, for both recordkeeping purposes and to safeguard against any rent payment contention the tenant may raise. The receipt should include the payment date, the amount, the period for which the rent was paid, and the apartment number.
Are there any provisions regarding rent control in North Carolina?
North Carolina does not have any laws addressing rent control or rent regulation.
Late Fees and Grace Period Laws in North Carolina
Is there a legal requirement for late fees in North Carolina?
Landlords are not required to charge a late fee, but if they do, the amount of the late fee is restricted by law.
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. 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.
Does North Carolina have a law regarding grace periods?
Yes, there is a required grace period in North Carolina. The landlord may not charge a late fee until rent is five days late.
North Carolina Laws on Repairs: Tenant’s Right, Landlord’s Duty
North Carolina tenants are legally entitled to a rental that meets basic structural, health, and safety standards. It must also be in good repair pursuant to the landlord’s implied warranty of habitability, an implied right in every written or oral residential lease.
Under the implied warranty of habitability law, the tenant’s obligation to pay rent and the landlord’s obligation to maintain habitable (safe, sanitary, and fit) premises depend upon each other. If the landlord breaks his obligation to keep the premises in a reasonable condition, the tenant may be relieved from his obligation to pay part or all of his rent until the landlord makes necessary repairs.
The landlord must be given notice of defects and a reasonable opportunity to make repairs, but he does not have to promise to repair before the tenant withholds rent.
Furthermore, while there is no mandated notice before the landlord enters the premises to correct a repair, we recommend providing the tenant with 24 hours’ notice. Read more below on notice of entry rules.
North Carolina Laws on Eviction
What are North Carolina laws on eviction?
In North Carolina, the landlord may evict the tenant for the following reasons:
Nonpayment of rent
Tenant remaining on the premises after the termination of the lease and without the consent from the landlord (“hold-over tenant”)
Tenant breaching a term or terms the lease or rental agreement
Drug trafficking and other criminal activity
First, the landlord must provide the tenant with an eviction notice. The landlord must give the tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to vacate the premises. The eviction notice must be personally delivered to the tenant or posted on the dwelling.
A written lease may state how many days of notice must be given by the landlord before the landlord can evict. However, if the lease does not state how much notice is required, the notice required depends on the reason for commencing eviction proceedings:
Non-payment of rent: Ten-day Notice to Quit. If the tenant does not pay rent within 10 days, the landlord may file eviction papers on the 11th day.
Holdover tenant: When a tenant does not vacate the premises at the end of the lease term. Notice depends on the length of the lease term:
Week-to-week: two days’ notice.
Month-to-month: seven days’ notice
Year-to-year: one month’s’ notice
Lease Violations: When the tenant has violated some lease provision, there are no minimum notice requirements if the landlord wishes to commence eviction proceedings. If the lease requires notice and an opportunity to cure the breach, the landlord and tenant must comply with those terms. On the other hand, if there is no such provision, the landlord can file eviction papers upon learning of the tenant’s violation.
Drug Trafficking and Other Criminal Activities: No minimum notice. Expedition proceedings are expedited.
Once notice has been given, the landlord initiates court proceedings by filing eviction proceedings in either small claims court or district court. Regarding which court to file eviction proceedings in, the rule is as follows:
Landlord shall initiate eviction proceedings in small claims court if damages do not exceed $10,000.
If the landlord claims the tenant owes more than $10,000, they should file the eviction papers in district court.
The tenant is not required to be present at the eviction hearing if the landlord is merely seeking possession of the leased premises (and not claiming that the tenant owes money), and the tenant is willing to move out and does not wish to fight the eviction. Failing to appear when the tenant is required to will guarantee an automatic win for the landlord–a “default judgment.”
If the landlord is seeking money damages, a money judgment may be entered against the tenant.
If the tenant chooses to fight the eviction, the tenant must appear. At the hearing, the landlord will speak first and present his or her case to the judge or magistrate. At the conclusion of the landlord’s case, the tenant will have the opportunity to speak. If the tenant has defenses to the eviction, such as improper notice, “self-help” methods, or retaliatory eviction, the tenant should present those defenses. The tenant facing eviction may assert any one of the following defenses:
The breach of a lease provision is not substantial enough to warrant an eviction
The allegations are false
There was improper service
The notice was improper
The landlord waived eviction by accepting rent
If, for criminal activity, the tenant had no knowledge of the activity or that the cotenant had violated any criminal or drug trafficking laws, or the tenant made reasonable attempts to prevent the activity.
The eviction is in retaliation for the tenant having filed a complaint regarding the condition of the property
The eviction is based on the tenant’s religion, race, sex, national origin, creed, age, marital or family status, or disability.
Once both parties finish presenting their respective cases, the judge will make a decision. The judge will determine whether the landlord is entitled to possession of the premises.
If the landlord wins the eviction hearing, a judgment will be entered in his or her favor. After winning the eviction hearing or appeal, the landlord will file for a “writ of possession,” which allows the landlord to remove the tenant from the premises. The landlord must wait ten days after the initial judgment before filing for a writ of possession.
If the tenant wins the eviction hearing (or the appeal) the tenant will be able to remain on the premises. In this situation, the landlord will also have ten days to appeal an unfavorable decision.
North Carolina Laws on Retaliation
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. In North Carolina, a landlord must not terminate or refuse to renew a lease within the preceding 12 months, 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 Laws on Domestic Violence, Sexual Misconduct, and Sexual Assault
In North Carolina, the law affords special protections to victims of domestic violence, sexual misconduct, and sexual assault. The landlord cannot discriminate against a tenant or prospective tenant because he or she has been a victim of domestic violence or sexual assault.
Specifically, the landlord cannot:
Refuse to rent to a prospective tenant who is a victim of domestic violence or sexual assault
Refuse to renew the tenant’s rental agreement
Retaliate against the tenant
A tenant who terminates their lease early due to domestic violence is only responsible for paying rent up to the date of termination. The tenant must provide the landlord with 30 days’ written notice and proof of domestic violence status.
The landlord is entitled to verify the tenant’s claim of domestic violence status. Proof required can be any one of the following:
Order of protection from the police, court, or federal agency
Signed document from a domestic violence program or sexual assault program that verifies the claim
Moreover, a tenant who is a victim of domestic violence or sexual assault may request that the landlord change or rekey the locks at the tenant’s expense:
If the perpetrator does not live in the same unit as the victim tenant, the tenant or another member of the tenant’s household can request that the locks on their rental unit be changed. The landlord must change the locks within 48 hours.
If the perpetrator of the domestic violence lives in the same unit as the victim, the landlord must change the locks within 72 hours.
North Carolina Laws on Changing the Locks and Security Devices
Landlords are not required to change the locks before a new tenant moves in, but we recommend doing so. Furthermore, landlords are required to install:
Window latches
Smoke detectors
Carbon monoxide detectors
After the tenant has made a request for the landlord to install one of these devices, the landlord must respond within a reasonable amount of time.
The results of our North Carolina landlord survey reveal that more than half landlords only rekey the premises if the tenant so requests.
North Carolina Pet Laws
North Carolina does not have any specific pet laws. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc.
Under North Carolina law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. These laws also require those who operate transportation services to allow service animals. Both laws protect people in North Carolina who use service animals, and you are entitled to rely on whichever law gives you the most protections.
The landlord may charge a reasonable, nonrefundable fee for pets kept by the tenant on the premises.
Landlord rental licensesare not required by North Carolina law. We do advise that youcheck your local jurisdiction for rental license laws.
Notice of Entry Laws in North Carolina
Do landlords in North Carolina have to provide notice of entry?
Notice of entry laws are absent from North Carolina law, and as a result, the landlord is not required to provide notice of entry and therefore may enter the premises for the following reasons:
Non-emergency maintenance and repairs
Emergencies
Showing the unit to prospective tenants
That being said, we recommend at least 24 hours. As you can see below, most landlords in North Carolina are already providing 24 hours’ notice without it being a requirement.
After notice has been given, we recommend the landlord enter the premises at a “reasonable time,” which has been interpreted by most states to mean 9 a.m. to 5 p.m., Monday through Friday, holidays excluded.
Sublease and Assignment Provisions in North Carolina
Under a sublease agreement, the original tenant leases the premises (apartment or house) to another individual. The new tenant must legally abide by the terms of the lease, as they have essentially taken over the lease term for a specified period of time. Unless the lease prohibits subleasing, a landlord may not unreasonably withhold permission to sublet. In North Carolina, subleasing is only allowed if the landlord consents.
A typical sublease provision in the State of North Carolina reads as follows:
“That subject to the terms and conditions hereinafter set forth, said party of the first part (Lessor, or, Owner, or, Landlord) doth hereby let and lease unto said party of the second part (Lessee, or, Tenant) and said party of the second part (Lessee, or, Tenant) doth hereby accept as Lessee (or, Tenant) of said party of the first part (Lessor, or, Owner, or, Landlord) a certain parcel of land together with the buildings and other improvements thereon situate, lying and being in County, North Carolina, and more particularly described as follows.”
Abandonment of Property Provisions in North Carolina
In North Carolina, there are specific procedures on how to handle abandoned property. Personal property is considered abandoned five to seven days after lawful repossession of the property and formal written notice to the tenant.
There are several ways to determine whether the tenant abandoned his or her belongings:
If there’s evidence the tenant moved out of the rental unit
If you post notice both inside and outside the premises, and you don’t hear from the tenant within ten days
If the tenant moved out of rental unit in response to eviction
Once it has been determined that the property is abandoned, the landlord has several options:
If the property is worth less than $750, the landlord must donate the property to a non-profit organization that focuses on providing household furnishings to individuals in need. The non-profit must store the property for at least 30 days. If within those 30 days, the tenant moves to claim the property, the property must be released to the tenant. The landlord must provide notice at the premises by posting a notice.
If the property is worth more than $750, state law does not specify what the landlord should do. In the absence of such guidance, the landlord should file an eviction lawsuit, and obtain a writ of possession, which would enable the landlord to lawfully possess the property.
If the tenant moved out because the landlord has taken possession, the landlord has the following options regarding abandoned property:
If the tenant leaves belongings worth less than $500 at the rental unit after the landlord has taken possession, the landlord must wait five days before disposing of the property. If the tenant claims the property during the five day period, the landlord must release the property to the tenant.
If the belongings left at the rental unit is worth more than $500, after the landlord has taken possession, then the landlord must wait seven days before selling or disposing of the belongings. The landlord has the option of moving the belongings to a designated and safe location.
If the landlord sells the belongings, the landlord must send a notice to the tenant informing them of the intent to sell the belongings in seven days unless the tenant claims it. The notice must also contain the following:
Detailed description of the belongings
Estimated value of the belongings
Location where the tenant can claim the belongings before the sale
Date, time, and location of the sale
Statement that any leftover proceeds of the sale (after fees for unpaid rent, damages, storage fees, and sale costs have been deducted) can be claimed by the tenant for up to seven days after the sale
If the tenant does not claim the property during the seven-day notice period, then the landlord can proceed with the sale. If the tenant does not claim the leftover proceeds of the sale, the landlord must give those proceeds to the county government.
Required North Carolina Rental Agreement Disclosures
Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Additionally, landlords must give an EPA-approved information pamphlet.
Tenant’s Initials: Disclosure form requires tenant’s initials. See form here.
Mold Disclosure: Thelandlord is required to disclose any structural damage, including but not limited to water, fire, smoke, or insect damage and the condition of the roof, and mold. Click here for mold pamphlet.
Utility Disclosure: A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant’s dwelling is liable to the tenant if the utility company has cut off utility service to the tenant’s dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord’s nonpayment of the utility bill.
Oil and Mineral Rights Disclosure:The State of North Carolina Mineral and Oil and Gas Rights Mandatory Disclosure Statement requires all sellers of new or existing homes to disclose whether the mineral, oil and gas rights for the property are owned by someone other than the seller. See disclosure form here.
Oft-Cited North Carolina Landlord-Tenant Law
North Carolina landlord-tenant law is governed by Chapter 42 of North Carolina General Statutes.
Security deposits shall be deposited in a trust account with an institution lawfully doing business in the State. The landlord may, at his or her discretion, furnish a bond from an insurance company licensed to do business in North Carolina. The security deposits from the tenant may be held in a trust account outside of the State of North Carolina only if the landlord provides the tenant with an adequate bond in the amount of the deposits.
42-51. Permitted uses of security deposit.
Security deposits are only allowed for the following reasons:
The tenant’s possible nonpayment of rent and costs for water or sewer services
Damage to the premises, including damage to or destruction of smoke alarms or carbon monoxide alarms
Damages as the result of the non-fulfillment of the rental period
Any unpaid bills
Costs of re-renting premises after breach
Court costs
If a tenancy is week-to-week, the security deposit shall not exceed an amount equal to two weeks’ rent.
If a tenancy is month-to-month, the security deposit should not exceed 1.5x the monthly rent price.
If a tenancy is greater than month-to-month, the security deposit cannot exceed two months’ rent.
42-53. Pet Deposits.
The landlord may charge a reasonable, nonrefundable fee for pets kept by the tenant on the premises.
The landlord may not retaliate against a tenant for the following reasons:
Tenant makes a good faith complaint to a government agency about a landlord’s alleged violation of any health or safety law, or any regulation, code, ordinance, or State or federal law that regulates premises used for dwelling purposes.
A government authority’s issuance of a formal complaint to a landlord concerning premises rented by a tenant.
Tenants’ good faith attempt to exercise, secure or enforce any rights existing under a valid lease or rental agreement or under State or federal law.
Tenants’ good faith attempt to organize, join or become otherwise involved with, any organization promoting or enforcing tenants’ rights.
Tenant may raise the affirmative defense of retaliatory eviction and may present evidence that the landlord’s action is in response to any one of the acts, described above, within 12 months of the filing of such action.
A landlord shall not terminate a tenancy, fail to renew a tenancy, refuse to enter into a rental agreement, or otherwise retaliate in the rental of a dwelling because of a tenant, applicant, or a household member’s status as a victim of domestic violence, sexual assault, or stalking.
42-42.3. Victim protection – Change locks.
A tenant who is a victim of domestic violence or sexual assault has the right to request the landlord change the locks on the premises, whether the perpetrator resides in the unit or if the perpetrators resides elsewhere.
42-45. Early termination of rental agreement by military personnel, surviving family members, or lawful representative.
North Carolina law grants special protections to “military personnel, surviving family members, or lawful representatives” to terminate the rental agreement early.
42-45.1. Early termination of rental agreement by victims of domestic violence, sexual assault, or stalking.
Any protected tenant may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 30 days after the landlord’s receipt of the notice.
42-46. Authorized late fees and eviction fees.
In all fixed-term residential rental agreements, the parties may agree to a late fee, to be chargeable only if any rental payment is five days or more late.
Landlord-tenant law in Raleigh is the same as North Carolina state law.For more specific Raleigh information, see Raleigh Housing Authority.
Disclaimer
This article is designed to convey information, and not for the purpose of providing legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated.
]]>Pennsylvania Landlord-Tenant Law
https://staging.avail.com/education/laws/pennsylvania-landlord-tenant-law
Fri, 29 Apr 2016 00:59:59 +0000https://www.avail.com/?p=2108Get a printable renter application AND learn how to screen Pennsylvania tenants securely—free for landlords. READ THE FULL GUIDE! Pennsylvania Landlord-Tenant Law Pennsylvania has an estimated 12.8 million residents. Generally, Pennsylvania landlord-tenant law is landlord friendly. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. Please be aware that city and …
Get a printable renter application AND learn how to screen Pennsylvania tenants securely—free for landlords.
READ THE FULL GUIDE!
Pennsylvania Landlord-Tenant Law
Pennsylvania has an estimated 12.8 million residents. Generally, Pennsylvania landlord-tenant law is landlord friendly. This guide will cover Pennsylvania, as well as Pittsburgh and Philadelphia landlord-tenant law. Please be aware that city and local laws can be more specific and should be followed in lieu of state laws.
Security Deposit Laws in Pennsylvania
Is a security deposit required in Pennsylvania?
The landlord is not required to collect a security deposit from the tenant. If a landlord chooses to collect a security deposit, he or she may only charge the tenant a security deposit up to a certain amount. Specifically, the landlord may only charge a tenant the equivalent of two months’ rent for the security deposit for the first year of renting and the equivalent of one month’s rent during all subsequent years of renting.
We surveyed our landlords in Pennsylvania to find out what deposit amount they collected:
When must a landlord return the deposit by in Pennsylvania?
The landlord is required to return either part or all of the security deposit to the tenant 30 days after the tenant has vacated the premises.
Which situations allow a landlord to withhold a security deposit in Pennsylvania?
While the landlord is required to return the tenant’s security deposit, the landlord may withhold all or a portion of a tenant’s security deposit from the tenant for damage in excess of normal wear and tear, unpaid rent, or breach of lease.
The landlord must notify the tenant of the deductions within 30 days after the tenant has vacated the premises.
Finally, if the landlord does not return the tenant’s security deposit within the 30 days, the landlord may be liable to pay the tenant double the amount of the deposit they are owed.
Storage Requirements for Security Deposits in Pennsylvania
According to Pennsylvania law, landlords are required to comply with certain requirements in the storage of security deposits. For security deposits over $100, landlords must deposit the funds in a federally or state-regulated institution.
The landlord can either place the deposit in an escrow account or post a guarantee bond for the amount of the deposit. After a landlord receives a tenant’s security deposit and places it into an account, the landlord must notify the tenant in writing with the name and address of the bank and amount of security deposited.
Do landlords have to pay interest on security deposits in Pennsylvania?
Whether the landlord is required to pay the tenant interest on a security deposit depends. Tenants who occupy the rental unit for two or more years are entitled to interest paid on the security deposit beginning on the 25th month of occupancy. Otherwise, the tenant is not entitled to any interest.
Can security deposits be commingled with other assets in Pennsylvania?
In Pennsylvania, landlords are allowed to commingle the tenant’s security deposit with any of the landlord’s personal assets. However, we advise separating these funds. As stated above, the landlord may owe the tenant interest on the amount, so in that case, the deposit would need to be held in a separate, interest-bearing account.
Rental Agreement Laws in Pennsylvania
Are rental agreements required in Pennsylvania?
Rental agreements are required for tenancies that are 12 months or longer in Pennsylvania. Even for leases that are less than 12 months, we encourage our landlords to enter into written rental agreements with their tenants for added legal security. In a survey of our Pennsylvania landlords, 87% had a written rental agreement. We recommend having a signed rental agreement, no matter how long the rental term, for added legal security.
Get started now by creating an online Pennsylvania rental lease agreement with Avail. Our state-specific rental agreements include all the necessary notices and disclosures based on your property’s address. It’s never been easier to create, modify, and sign a rental agreement. And check out our tips tomake your rental lease even better.
What are the general lease provisions in Pennsylvania?
Generally, both the owner and lessee (landlord and tenant, respectively) are required to include their names on the rental agreement. The landlord should also list the:
Conditions of occupancy
An adequate description of the leased premises
Other lease provisions include:
The term of the lease
A clear description of the rental space
Who is liable for utility expenses
The amount of rent
The date rent is due
Penalties for late rent payments
Landlord’s responsibilities
Tenant’s responsibilities
Provisions regarding painting
Whether pets are allowed.
Tenants living in the rental unit must be at least 18 years old.
What are the rental agreement notice requirements in Pennsylvania?
On a month-to-month lease, the landlord is required to provide 15 days’ notice to tenants when there are changes to the lease. Absent a rental agreement, the landlord is required to provide the tenant with at least 15 days’ notice of any changes to the lease.
Regarding a year-to-year or definite lease term, at least 30 days’ notice is required if the landlord wants to make any changes to the lease or terminate the tenancy.
Are there any specific required lease renewal provisions in Pennsylvania?
There are no specified lease renewal provisions in Pennsylvania.
Rental Payment Laws in Pennsylvania
What are the rules regarding rent payments in Pennsylvania?
The landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state.
Similarly, there are no legal requirements for how rent is to be paid.
Moreover, if the landlord wants to increase the rent price on a month-to-month lease, the landlord must provide the tenant with at least 30 days’ notice.
Are tenants allowed to withhold rent under the laws of Pennsylvania? If so, for what purposes?
In Pennsylvania, tenants are allowed to withhold rent when a Government agency or department certifies that the premises are uninhabitable. If the tenant is withholding rent, he or she tenant can elect to deposit rent into an escrow account rather than pay the landlord directly.
What are the rules and regulations pertaining to receipt of rent payments in Pennsylvania?
In Pennsylvania, the landlord is not required to provide a receipt when the tenant’s rent has been received. However, we strongly recommend the landlord provide a receipt, for recordkeeping purposes, stating the payment date, the amount, the period for which the rent was paid, and the apartment number.
Are there any provisions regarding rent control in Pennsylvania?
There are no provisions regarding rent control in Pennsylvania.
Streamline Rent Collection for Your Rental
Easily collect rent payments and other rental fees from tenants with a rent collection app.
Is there a legal requirement for late fees in Pennsylvania?
There is no legal requirement for late fees. While there aren’t any restrictions on charging the tenant with late fees, most landlords do charge late fees, which should be reasonable under the circumstances. Learn how to set a late fee.
Does Pennsylvania have a law regarding grace periods?
There is no required grace period. However, if the tenant fails to pay rent 10 days after rent is due, the landlord is allowed to declare the tenant in default under the lease agreement or accept the rent and the appropriate late fee.
Pennsylvania Laws on Repairs: Tenant’s Right, Landlord’s Duty
Pennsylvania tenants are legally entitled to a rental that meets basic structural, health, and safety standards. It must also be in good repair pursuant to the landlord’s implied warranty of habitability, an implied right in every written or oral residential lease.
Under the implied warranty of habitability law, the tenant’s obligation to pay rent and the landlord’s obligation to maintain habitable (safe, sanitary and fit) premises depend upon each other. If the landlord breaks his obligation to keep the premises in a reasonable condition, this may relieve the tenant from his obligation to pay part or all of his rent until the landlord makes necessary repairs.
The landlord must be given notice of defects and a reasonable opportunity to make repairs, but he does not have to promise to repair before the tenant withholds rent. Furthermore, while there is no mandated notice before the landlord enters the premises to correct a repair, we recommend providing the tenant with 24 hours’ notice.
Pennsylvania Laws on Eviction
What are the Pennsylvania laws on eviction?
In Pennsylvania, the landlord may evict the tenant for the following reasons:
The rental term is over and the tenant hasn’t moved out
The tenant is behind on rent
The tenant has breached some provision of the rental agreement
The landlord-tenant act of 1951 highlights the timeline for eviction proceedings.
First, the landlord must provide the tenant with an eviction notice. The landlord must give the tenant written notice of the reason for the eviction and the date that the landlord wants the tenant to vacate the premises. The eviction notice must be personally delivered to the tenant or posted on the dwelling. Please note that a mailed notice is void.
A written lease may state how many days of notice must be given by the landlord before the landlord can evict. However, if the lease does not state how much notice is required, the general rule is as follows:
If the lease term has ended, or the landlord claims the tenant has breached the lease, the landlord has two options:
If the lease is for less than one year, the landlord must give the tenant 30 days’ notice.
If the lease is one year or more, the landlord must provide 90 days’ notice.
If the tenant is behind on paying rent and has an oral lease with the landlord, the landlord needs to give only 15 days’ notice between April 1st and September 1st, but 30 days’ notice between September 1st and April 1st.
Next, the landlord files the complaint with the appropriate District Justice’s office. Once the complaint has been filed, the hearing occurs, in which both the landlord and tenant present their cases. The District Justice will decide whether or not the landlord is entitled to a judgment for possession of the property. If the landlord wins a judgment for possession, the landlord can then enforce the judgment, meaning the tenant must move. If the tenant wins, the tenant is legally entitled to stay on the premises.
Whenever the landlord sues the tenant, the tenant has the right to defend him or herself. The tenant may stop the eviction proceedings by paying rent or proving that he or she was not in breach of the lease.
Furthermore, the tenant may bring a cause of action against the landlord based on retaliatory eviction, which occurs when the tenant believes he or she is being evicted out of retaliation. Please see below for more on retaliation.
Pennsylvania Laws on Retaliation
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. In Pennsylvania, it is illegal for the landlord to retaliate against a tenant who has exercised a legal right, including, complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions assembling and presenting your views collectively—for example, by joining or organizing a tenant union, or exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit.
Pennsylvania Laws on Domestic Violence, Sexual Misconduct, and Sexual Assault
In most states, the law affords special protections to victims of domestic violence. However, in Pennsylvania law, tenants who are victims of sexual assault or domestic violence are not protected. Specifically, state law fails to explicitly mention a landlord’s duties and tenant’s rights pertaining to circumstances where the tenant has been a victim of a sexual crime or domestic violence.
Pennsylvania Laws on Changing the Locks and Security Devices
Landlords are required to change the locks before a new tenant moves in. Furthermore, landlords are required to install:
Deadbolt lock
Pin lock and security bar lock
Window latch
Window guards
Smoke detectors
After the tenant has made a request for the landlord to install one of these devices, the landlord must respond within a reasonable amount of time.
Pennsylvania Pet Laws
Pennsylvania does not have any specific pet laws. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc.Under Pennsylvania law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. These laws also require those who operate transportation services to allow service animals. Both laws protect people in Pennsylvania who use service animals, and tenants are entitled to rely on whichever law gives them the most protections.
The Pennsylvania Landlord-Tenant Act does not allow for a separate pet deposit (aside from a security deposit). A pet deposit is viewed in the same manner as any security deposit and the landlord is subject to the same limitations which are described above, that is, no more than two months’ security deposit may be held for the first year of the lease and, after the first year of the lease no more than one month’s security deposit may be held.
Landlord rental licensesare not required by Pennsylvania law. However, we do advise that youcheck your local jurisdiction for rental license laws in case it is required locally.
Notice of Entry Laws in Pennsylvania
Do landlords in Pennsylvania have to provide notice of entry?
The landlord is not required to provide notice of entry and therefore may enter the premises for the following reasons:
Non-emergency maintenance and repairs
Emergencies
Showing the unit to prospective tenants
That being said, we recommend at least 24 hours of notice. The majority of our Pennsylvania landlords noted that they provide the tenant with at least 48-hours notice before entering the premises.
The notice must be given in writing and must state the nature of the repair.
“Reasonable time” is usually interpreted as 9 a.m. to 5 p.m., Monday through Friday, holidays excluded.
Sublease and Assignment Provisions in Pennsylvania
Subleasing occurs when the original tenant rents the unit to another individual. In most states, subleasing is not allowed unless the landlord consents.
A typical sublease provision in the State of Pennsylvania reads as follows:
“Lessee shall not sublet the Premises or any part thereof, nor assign this lease, without obtaining Lessor’s prior written permission to sublet or assign. Lessor shall not unreasonably withhold permission and will accept a reasonable sublease as provided by ordinance.”
In Pennsylvania, the landlord may impose certain penalties if the tenant violates the terms of the rental agreement by subleasing the premises. Any sublet that does not comply with the lease clause will constitute a breach of lease and could potentially result in eviction.
Abandonment of Property Provisions in Pennsylvania
In Pennsylvania, there are specific procedures on how to handle abandoned property. First, the landlord must send a notice to the tenant stating that personal property has been left behind with contact information for the landlord. The tenant then has 10 days from the notice date to contact the landlord.
If the tenant contacts the landlord within the 10-day period, the landlord must allow the tenant a total of thirty days (the first ten plus twenty more) to get the items. After the first ten days, the landlord may move the items to another location and charge the tenant for storage. If the tenant does not contact the landlord within ten days, the landlord may dispose of the items and absolves him or herself of all future responsibility.
Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Additionally, landlords must give an EPA-approved information pamphlet.
Mold Disclosure: Pennsylvania home sellers must, by law, advise potential buyers of the property about “known material defects” that are not readily observable, including structural and other problems, before the sale is completed, including, but not limited to mold. See mold pamphlet here.
Utility Disclosure: A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant’s dwelling is liable to the tenant if the utility company has cut off utility service to the tenant’s dwelling. They are also liable if the utility company has given written notice to the tenant that such utility service is about to be cut off because of the landlord’s nonpayment of the utility bill.
Oft-Cited Pennsylvania Landlord-Tenant Law
Below you will find references to Pennsylvania’s Landlord-Tenant Act (1951) that govern rental properties and issues related to landlord-tenant law:
Landlord has certain duties to the tenant throughout the lease term while tenant is occupying the premises. Specifically, the landlord is required to maintain the stairways, passages, roadways and other common facilities on the premises and further, has the duty of maintaining the premises for safe use.
This responsibility of the landlord extends not only to the individual tenant, but also to his family, servants and employees, business visitors, and social guests.
250.503-A. Tenant’s duties.
Tenant mustcomply with all obligations imposed upon tenants by applicable law.
The tenant shall not destroy, deface, damage, impair, or remove any part of the structure or dwelling unit, or the facilities, equipment, or appurtenances.
Further, the tenant shall not disturb the peaceful enjoyment of the premises by other tenants and neighbors.
250.504-A. Tenant’s rights.
The tenant has the right to invite to his apartment or dwelling unit such employees, business visitors, tradesmen, delivery men, suppliers of goods and services, and the like as he wishes so long as he complies with applicable law.
The tenant also shall have right to invite to his apartment or dwelling unit, for a reasonable period of time, such social guest, family or visitors as he wishes, as long as he or she complies with applicable law.
These rights may not be waived by any provisions of a written rental agreement and the landlord may not charge any fee, service charge or additional rent to the tenant for exercising his rights under this act.
250.505. Abandoned mobile homes.
If a mobile home is abandoned by the tenant(s) for a period of thirty days or more, the owner of the mobile home park or other person or persons responsible for the operation of the park may:
Enter the mobile home and secure any appliances, furnishings, materials, supplies or other personal property therein and disconnect the mobile home from any utilities
Move the mobile home to a storage area within the mobile home park or to another location
Assess removal charges and storage charges against the former mobile home residents
250.511a. Escrow funds limited.
During the first year of any lease, the landlord may only charge a security deposit less than or equal to two months’ rent.
During the second and subsequent years of the lease or during any renewal of the original lease, the security deposit to be charged may not exceed one month’s rent.
During the third or subsequent year of a lease, or during any renewal after the expiration of two years of tenancy, if the landlord requires a security deposit in the amount of one month’s rent amount, upon termination of the lease, or on surrender and acceptance of the leasehold premises, the deposit, with interest, shall be returned to the tenant.
Landlord-tenant law in Philadelphia is essentially the same as Pennsylvania state law, with a few minor exceptions:
Housing Rental Licenses
Housing rental licenses are required for any type of housing rental in Philadelphia. Prior to getting this license, applicants should obtain a commercial activity license, business tax account number, federal tax identification number, or social security number, for individuals and zoning approval for two or more units.
Landlord-Tenant Rights
In Philadelphia, the landlord-tenant law is governed by the Philadelphia Property Maintenance Code (Section PM-102.6.4). Most notably, the code requires landlords to provide tenants with a copy of the City of Philadelphia Partners for Good Housing brochure.
Included within this brochure is a set minimum health, safety, and maintenance standards for houses and apartments in Philadelphia, as well as the responsibilities of owners, tenants, and landlords for maintaining houses and apartments in a safe and clean condition.
Additionally, the lead paint and disclosure certification law requires landlords to ensure that any property where children 6 years and younger reside is free of lead.
Landlord-tenant law in the city of Pittsburgh is the same as statewide law.
Disclaimer
This article is designed to convey information, and not for the purpose of providing legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated.
]]>South Carolina Landlord-Tenant Law
https://staging.avail.com/education/laws/south-carolina-landlord-tenant-law
Fri, 29 Apr 2016 00:59:55 +0000https://www.avail.com/?p=2110Get a printable renter application AND learn how to screen South Carolina tenants securely—free for landlords. READ THE FULL GUIDE! The Landlord-Tenant Environment in South Carolina The landlord-tenant laws are landlord-friendly in South Carolina. There are an estimated 4.1 million residents in South Carolina (31.9% renter occupied). South Carolina is home to Charleston, with a …
Get a printable renter application AND learn how to screen South Carolina tenants securely—free for landlords.
READ THE FULL GUIDE!
The Landlord-Tenant Environment in South Carolina
The landlord-tenant laws are landlord-friendly in South Carolina. There are an estimated 4.1 million residents in South Carolina (31.9% renter occupied). South Carolina is home to Charleston, with a population of 761,155 (34.5% renter occupied). In this guide, we’ll discuss the laws landlords and tenant should know about in South Carolina.
Security Deposit Laws in South Carolina
Is a security deposit required under South Carolina law?
While landlords are not required to collect a security deposit, most landlords do collect a security deposit.
Is there a limit to the security deposit amount?
The landlord may charge any security deposit they desire but we suggest landlords charge a reasonable amount.
Is there required language for a security deposit clause?
There is no required language for a security deposit clause. However, we’ve provided suggested language below for the landlord to use in the rental agreement if they wish to collect a security deposit:
“LESSEE hereby deposits ($_____) Dollars as security, to be held by LESSOR as long as LESSEE occupies the leased premises. Said deposit is to be applied by LESSOR toward payment of any damages to the leased premises beyond ordinary wear and tear, any expenses incurred in cleaning the leased premises, and damages resulting from non-performance of any of the covenants and conditions of this agreement by LESSEE. LESSEE’s responsibility for damage to the premises is not limited to the amount of the security deposit. The security deposit shall be deposited in the bank.
At the termination of occupancy, LESSOR shall inspect the premises and compile a comprehensive listing of damages to the premises that are the basis for any charge against the security deposit, and the estimated dollar cost of repairing such damages. LESSEE shall then have the right to inspect the premises to ascertain the accuracy of such listing. LESSOR and LESSEE shall sign such listing, which signatures shall be conclusive evidence of the accuracy of such listing. If LESSEE shall refuse to sign such listing, LESSEE shall state specifically in writing the items on the list to which LESSEE dissents, and shall sign such statement of dissent. Otherwise, LESSEE shall not be entitled to recover any portion of the security deposit.”
Storage Requirements for Security Deposits in South Carolina
Landlords may store the tenant’s security deposit however they would like.
Do landlords have to pay interest on security deposits in South Carolina?
The tenant is not entitled to any interest accumulated on their security deposit.
Can security deposits be commingled with other assets in South Carolina?
Landlords can deposit security deposits in the same accounts that contain any of the landlord’s personal assets. However, we recommend keeping the tenant’s security deposit separate from the landlord’s personal assets to avoid any future lawsuits.
When must a landlord return the deposit by in South Carolina?
The landlord must return either part or all of the security deposit to the tenant 30 days after either:
The date on which the tenant’s rental agreement terminates; or
The date on which the tenant demands delivery and possession of the deposit
Which situations allow a landlord to withhold a security deposit in South Carolina?
The landlord is required to return the tenant’s security deposit at the end of the lease term. However, the landlord may withhold the tenant’s security deposit for any of the following reasons:
Damages beyond ordinary wear and tear
Unpaid rent/fees
Other breaches of the lease
If the landlord rents more than four adjoining units, the landlord must disclose the differing methods of calculating deposit amounts for the units prior to signing the agreement.
If the landlord has made any deductions from the security deposit, he or she must also include a written itemized statement stating the reason for the deduction, the amount that has been deducted, and any additional money owed if the security deposit is not enough to cover the amount owed.
The tenant must supply the landlord with their new address in writing. The landlord must send the security deposit and the written itemized statement, if necessary, to the forwarding address that has been supplied by the tenant. If the tenant has not supplied the landlord with a new forwarding address, the landlord must send the deposit to the last known address of the tenant.
If the landlord fails to return the money owed to the tenant within this 30-day period, the tenant may be entitled to up to three times the amount that was wrongfully withheld plus attorney fees.
Security Deposit Receipt in South Carolina
Landlords in South Carolina are not required to provide tenants with a written receipt upon receiving the tenant’s security deposit. However, it is recommended that the landlord provide a written receipt and keep a copy of that receipt for accurate record-keeping.
Rental Agreement Laws in South Carolina
Are rental agreements required in South Carolina?
South Carolina requires rental agreements for leases that are 12 months or longer. Even if the lease is for less than 12 months, we recommend having a written rental agreement for legal assurance. At Avail, we offer an online South Carolina rental lease agreement. This lease is completely up-to-date with South Carolina landlord-tenant laws. You can customize your clauses and rules, send to your tenants to sign, and complete the entire process in less time.
What are the general lease provisions in South Carolina?
In South Carolina, certain provisions must be included in the lease agreement. Both the landlord and tenant are required to include their names on the rental agreement. Other important provisions are shown below:
What are the rental agreement notice requirements in South Carolina?
The notice requirements for lease termination are based on the length of the lease. They are as follows:
For a month-to-month lease, the landlord and tenant must provide 30 days’ notice of their desire to terminate the lease. If the landlord wants to terminate the lease for breach or non-payment of rent, he or she is required to provide 14 days’ notice.
For a definite lease term, no notice is required since the lease expires.
For a week-to-week lease, the landlord and tenant are required to provide seven days’ notice.
Are there lease renewal provisions in South Carolina?
In South Carolina, there are no lease renewal provisions.
Rental Payment Laws in South Carolina
What are the rules regarding rent payments in South Carolina?
In South Carolina, the landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state.
There is no statute addressing the required notice if the landlord wants to increase the price of rent.
Are tenants allowed to withhold rent under the laws of South Carolina? If so, for what purposes?
In South Carolina, tenants may withhold rent for the landlord’s failure to provide essential services, including, but not limited to:
The landlord failing to repair
Lack of water
Lack of heat
Any other condition affecting habitability of the premises
Does the landlord have to provide rent receipts?
The landlord is not required to provide a receipt for rent payment. However, we recommend receipts for all transactions. The receipts should include some of the following basic information: the tenant’s name, address, payment, and unit number.
If you collect rent online with Avail, we automatically send rent receipts to your tenants.
Late Fees and Grace Period Laws in South Carolina
Is there a legal requirement for late fees in Wisconsin?
South Carolina law does not address the late fee to be charged. If the landlord decides to charge a late fee, we recommend charging a reasonable amount. Read more about late fees here.
Is there a legal grace period in South Carolina?
South Carolina law does not provide for a grace period.
South Carolina Laws on Repairs: Tenant’s Right, Landlord’s Duty
Tenants are legally entitled to a rental unit that meets basic structural, health, and safety standards. Residential leases carry an implied warranty of habitability. This means that the landlord has a duty to maintain the rental unit and keep it fit for residential purposes throughout the entire term of the lease and that the landlord must repair damage to vital facilities. This warranty is implied in every written and oral lease.
Under the “implied warranty of habitability” law, the tenant’s obligation to pay rent and the landlord’s obligation to maintain habitable (safe, sanitary and fit) premises depend upon each other. If the landlord breaks his obligation to keep the premises in a reasonable condition, the tenant may not have to pay part or all of his rent until the landlord makes necessary repairs. The tenant is required to retain a receipt for all repairs and deductions.
If the landlord deliberately or negligently fails to supply essential services, the tenant is allowed to repair and deduct rent. The tenant shall give written notice to the landlord specifying the breach and may do one of the following:
Pay for essential services themselves during the period of the landlord’s noncompliance and deduct the reasonable costs from the rent.
Recover damages based on the fair market value of the dwelling unit and reasonable attorneys fees.
South Carolina Laws on Landlord Responsibilities
Under South Carolina law, landlords are responsible for the following:
Responsible for making any repairs necessary to comply with local housing codes and to keep the premises safe.
Deliver possession of the premises to the tenant
Comply with all requirements of applicable building and housing codes affecting health and safety
Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition
Keep all common areas of the premises in a clean and safe condition
Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances
Supply running water and reasonable amounts of hot water at all times and reasonable heat
The tenant is responsible for:
Complying with all regulations
Keeping the premises in clean and safe condition
Disposing of all garbage and other waste in a clean and safe manner
Keeping all plumbing fixtures clean
Using all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities in a reasonable manner
Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises
South Carolina on Eviction
What are the South Carolina laws on eviction?
Landlords must follow specific rules and procedures when evicting the tenant. The most common causes for eviction are the following:
The tenant has failed to pay rent
The tenant has violated the lease or rental agreement.
The tenant has committed violent acts
The tenant has engaged in illegal activity at the rental unit
Eviction Process
Written Notice: the landlord must first provide the tenant with a written notice. Notice will depend on the circumstances:
Five-Day Notice to Pay Rent: Unless the lease contains the following statement, “IF YOU DO NOT PAY YOUR RENT ON TIME. This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit,” then the landlord is required to give the tenant a five-day notice to pay rent if the tenant fails to pay rent on time.
Fourteen-Day Notice to Cure: If the tenant has violated the lease or rental agreement, the landlord can give the tenant a 14-day notice to cure. This notice must inform the tenant that the tenant has 14 days to fix the violation or the landlord can file an eviction action.
Unconditional Quit Notice: If the tenant has participated in illegal activity on the premises of the rental unit, then the landlord can give the tenant an unconditional quit notice. This notice will inform the tenant that because of the tenant’s illegal actions, the landlord is terminating the rental agreement and an eviction lawsuit is to come.
Ejectment Action: The landlord will file an affidavit and application of ejectment:
The tenant is served with a copy of the landlord’s affidavit (reasons for eviction and order to show cause). An affidavit is a sworn statement by the landlord that provides details on the reasons the tenant should be evicted.
Once filed, the court will then issue an order to show cause. This includes the date and time for a hearing before the judge.
If the tenant wants to fight the eviction, the tenant is given 10 days to request a hearing.
If the tenant fails to request a hearing, the landlord will win the suit automatically and the eviction process will continue.
Initial Court Appearance:
If the judge grants a hearing, the tenant must appear at the hearing.
Eviction Trial: An eviction trial is held before a judge.
The landlord has the burden of proving the lease violation and that the appropriate notice was served.
The tenant has the opportunity to refuse the allegations.
Writ of Ejectment: This is the judge’s ruling on the eviction.
If the landlord wins at the hearing or the tenant fails to request a hearing, the court will order a writ of ejectment be served to the tenant within five days.
Once the tenant receives the writ, the tenant has 24 hours to vacate the premises or face forcible eviction and physical removal by a sheriff.
After the tenant has been evicted, the landlord may find that the tenant has left behind personal belongings. The landlord can immediately dispose of this property without further notifying the tenant. However, this is only permissible if the eviction notice notified the tenant of the landlord’s option to dispose.
Eviction Defenses
Landlord evicts tenant with a “self help” eviction: It is unlawful for a landlord to attempt to evict a tenant in any other way besides a proper court order. The tenant may recover possession or terminate the rental agreement. In either case, the tenant can recover an amount equal to three months’ rent or twice the actual damages sustained, whichever is greater and reasonable attorneys fees.
The breach of a lease provision is not substantial enough to warrant an eviction and/or the lease provision allegedly violated is unreasonable: the tenant may assert a defense to the eviction proceeding if the breach is not substantial enough to warrant an eviction or it is an unreasonable breach.
Landlord does not follow proper eviction procedures: The landlord must evict the tenant pursuant to the proper procedures. This does not, however, cease the eviction; it only delays it. Thus, once the landlord has fixed the procedural mistake the eviction will proceed.
Tenant is evicted for failing to pay rent: The tenant can stop the eviction process by paying the balance of rent five days after it is due. If the tenant pays, the eviction process cannot proceed. The tenant should always request a stamped receipt from the landlord if paying rent late.
Landlord failed to maintain rental unit: the tenant may claim that the landlord failed to maintain the rental unit. The tenant may get a credit for this. If the landlord fails to prove an essential service to the tenant, after the tenant has given the landlord notice, the tenant has the following options:
Arrange for services to be provided and then deduct the costs from rent
Sue the landlord and recover damages
Terminate the rental agreement and move out
Landlord evicts the tenant based on discrimination: The Federal Fair Housing Act and South Carolina law prohibit landlords from discriminating against a tenant based on creed, gender identity, sexual orientation, age, genetic information, ancestry, marital status, veteran or armed forces status, blindness, loss of hearing, source of income, or any other disability.
Landlord Retaliation: the eviction is in retaliation for the tenant having filed a complaint regarding the condition of the property to the landlord or to a government agency or for joining a tenant’s rights organization.
South Carolina Laws on Retaliation
Landlords are prohibited from harassing or retaliating against tenants who exercise their legal rights. In South Carolina, the 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.
South Carolina Laws on Domestic Violence, Sexual Misconduct, and Sexual Assault
In South Carolina, the law does not afford special protections to victims of domestic violence, sexual misconduct and sexual assault.
South Carolina Laws on Changing the Locks and Security Devices
There are no laws addressing rekeying, locks, or security devices. However, the tenant cannot change the locks without the permission of the landlord.
South Carolina Pet Laws
South Carolina has certain pet laws. Namely, the lease agreement should state whether pets are allowed in the unit and whether the landlord will charge a pet deposit. Under South Carolina and the Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. Read more about allowing pets in your rental property.
Do South Carolina Landlords Need a Rental License?
Landlord rental licensesare not required by South Carolina law.
Notice of Entry Laws in South Carolina
Do landlords in South Carolina have to provide notice of entry?
South Carolina landlords cannot enter an apartment unless they give at least 24-hour notice to the tenant, and may only enter at reasonable times.
The landlord does not need to provide any notice if they wish to enter the premises for the following reasons:
If the tenant, knowing the proposed time of entry, requests or consents to the entry
Emergencies
To protect the premises from damage when the tenant is absent
Move out inspection
In the following situations, the landlord is required to provide notice:
If the landlord wishes to inspect the premises (a routine inspection, check out a problem prior to making a requested repair or to inspect for occupancy)
Non-emergency maintenance and repairs
Showing the unit to prospective tenants or buyers
Pesticide use
Sublease and Assignment Provisions in South Carolina
Under a sublease agreement, the original tenant leases the premises (apartment or house) to another individual. This individual must legally abide by the terms of the lease, as they have essentially taken over the lease term for a specified period of time. In South Carolina, there is no required language for a sublease provision. However, the following language is recommended:
“Without the prior written consent of LESSOR, LESSEE shall not assign this Lease, or sublet or grant any concession or license to use the premises, or any part thereof. A consent by LESSOR to one assignment or subletting shall not be deemed a consent to any subsequent assignment or subletting.”
Abandonment of Property Provisions in South Carolina
South Carolina has specific laws for how and when the landlord can dispose of the tenant’s abandoned personal property. Note: When South Carolina law mentions abandoned property it is in reference to the tenant’s belongings. In the section below, the word property refers to the tenant’s belongings and the word premises will describe the actual rental property.
15 days after Default: The unexplained absence of the tenant from the premises for a period of fifteen days after the tenant has failed to pay rent creates a presumption that the tenant has abandoned the premises.
Termination of Utilities: If the tenant has voluntarily terminated utilities and the tenant’s absence is unexplained after the tenant has failed to pay rent once due, there is a presumption that the tenant abandoned the premises.
Personal Property: If the tenant legitimately abandoned the premises, the landlord may enter and dispose of personal property with a total of less than $500. The landlord cannot be liable for the disposal of property in excess of $500 unless the landlord was grossly negligent.
Required South Carolina Rental Agreement Disclosures
Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before the lease takes effect. Additionally, under state law, landlords must provide this EPA-approved information pamphlet and this HUD pamphlet.
Name and Addresses: the landlord must disclose to the tenant in writing at or before the beginning of the tenancy the name and address of the owner of the premises authorized to act on behalf of the owner as agent. This is for service of process and receiving notices or demands.
Landlord-Tenant law in South Carolina is governed by S.C. Code Ann. §§ 27-40. Below are some of the most oft-cited laws.
27-40-330: Prohibited Provisions in Rental Agreements.
A rental agreement may not provide that the tenant agrees to waive or forego certain rights or remedies, agrees to a limitation of any liability of the landlord arising under law.
27-40-410: Security Deposits.
When the tenancy is terminated, the landlord must return the security deposit to the tenant, less any amounts withheld by the landlord for accrued rent and damages. Landlord must return the balance 30 days after termination of the tenancy or demand by the tenant, whichever is later.
If the landlord rents more than four adjoining dwelling units, prior to the rental agreement taking effect, the landlord must inform the tenant of how the security deposit is going to be calculated.
27-40-910. Retaliatory conduct prohibited.
The landlord must not retaliate by increasing the rent to an amount in excess of fair market value or decreasing essential services or by bringing an action for possession after:
The tenant has complained to a government agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety
The tenant has complained to the landlord of a violation
Charleston Landlord-Tenant Law
Landlord-Tenant law in Charleston is the same as South Carolina state law.
Disclaimer
This article is designed to convey information, and not for the purpose of providing legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated.
]]>Tennessee Landlord-Tenant Laws
https://staging.avail.com/education/laws/tennessee-landlord-tenant-laws
Fri, 29 Apr 2016 00:59:50 +0000https://www.avail.com/?p=2112Get a printable renter application AND learn how to screen Tennessee tenants securely—free for landlords. READ THE FULL GUIDE! Tennessee Landlord-Tenant Laws The landlord-tenant laws are tenant-friendly in Tennessee. There are an estimated 6.65 million residents in Tennessee. Tennessee is also home to several big cities, namely Memphis, with a population of 657,167 (17% renter …
Get a printable renter application AND learn how to screen Tennessee tenants securely—free for landlords.
READ THE FULL GUIDE!
Tennessee Landlord-Tenant Laws
The landlord-tenant laws are tenant-friendly in Tennessee. There are an estimated 6.65 million residents in Tennessee. Tennessee is also home to several big cities, namely Memphis, with a population of 657,167 (17% renter occupied) and Nashville, with a population of 684,410 (33% renter occupied). In this guide, we’ll discuss the laws landlords and tenant should know about in Tennessee.
Security Deposit Laws in Tennessee
Is a security deposit required under Tennessee law?
Landlords are not required to collect a security deposit. If the landlord decides to collect a security deposit, there are certain requirements the landlord must follow. However, if the landlord’s property is in a county with a population of less than 75,000, the security deposit law will not apply.
Is there a limit to the security deposit amount?
The landlord may charge any security deposit they desire but we suggest the amount charged be reasonable. In our survey of Tennessee landlords, all indicated that they collect a deposit equal to the monthly rent price.
Is there required language for a security deposit clause?
Below is suggested language for the landlord to use in the rental agreement if they wish to collect a security deposit:
“LESSEE hereby deposits ($_____) Dollars as security, to be held by LESSOR as long as LESSEE occupies the leased premises. Said deposit is to be applied by LESSOR toward payment of any damages to the leased premises beyond ordinary wear and tear, any expenses incurred in cleaning the leased premises, and damages resulting from non-performance of any of the covenants and conditions of this agreement by LESSEE. LESSEE’s responsibility for damage to the premises is not limited to the amount of the security deposit. The security deposit shall be deposited in Bank.
At the termination of occupancy, LESSOR shall inspect the premises and compile a comprehensive listing of damages to the premises that are the bases for any charge against the security deposit, and the estimated dollar cost of repairing such damages. LESSEE shall then have the right to inspect the premises to ascertain the accuracy of such listing. LESSOR and LESSEE shall sign such listing, which signatures shall be conclusive evidence of the accuracy of such listing. If LESSEE shall refuse to sign such listing, LESSEE shall state specifically in writing the items on the list to which LESSEE dissents, and shall sign such statement of dissent. Otherwise, LESSEE shall not be entitled to recover any portion of the security deposit.”
Storage Requirements for Security Deposits in Tennessee
Landlords are required to comply with strict requirements in the storage of security deposits. The landlord must give the tenant a written notice stating that the landlord deposited the security deposit in a separate account. This notice must include the location of the security deposit, but does not have to provide the tenant with the account number. The account must be in a bank or other financial institution that is subject to federal regulations or Tennessee state regulations.
Do landlords have to pay interest on security deposits in Tennessee?
The tenant is not entitled to any interest accumulated on their security deposit.
Can security deposits be commingled with other assets in Tennessee?
Landlords cannot deposit security deposits in the same accounts that contain any of the landlord’s personal assets.
When must a landlord return the deposit by in Tennessee?
The landlord must return either part or all of the security deposit to the tenant 30 days after termination of the lease.
Which situations allow a landlord to withhold a security deposit in Tennessee?
The landlord is required to return the tenant’s security deposit at the end of the lease term. However, the landlord may withhold the tenant’s security deposit for any of the following reasons:
Damages beyond ordinary wear and tear
Unpaid rent
Other breaches of the lease
If the landlord withholds the deposit for any of these reasons, he or she must send the former tenant a statement to the last known address of the former tenant. The statement should include an itemized list of damages and the amount of deposit owed to the tenant.
If the tenant does not respond to this request within 60 days, the landlord can remove the deposit from the account and subsequently, the tenant will no longer have any right to it.
If the landlord withholds part or all of the security deposit due to damage to the rental unit, the damage to the premises must be beyond normal wear and tear. As a result, the landlord must complete a walk-through inspection to look for any damage to the property and compile a written list of any damages. Both the landlord and tenant have the right to be present at this inspection.
Both the landlord and tenant must follow certain procedural requirements regarding the walk-through inspection:
The landlord must notify the tenant in writing of the tenant’s right to be present at the walk-through inspection. This notification should be made when the landlord gives the tenant notice to vacate the unit or within five days of receiving a tenant’s written notice to vacate the unit.
If the tenant does attend the inspection, both the landlord and tenant must go through the property and put together a list of all damages and the approximate cost of repair. The landlord and tenant must sign the list. The tenant’s signature serves as an acceptance of the damages.
If the tenant sets an inspection time with the landlord, but fails to show up for the inspection, the tenant loses the right to contest any damages the landlord lists in the inspection report. This condition must be clearly stated in the rental agreement for it to be legally binding.
The tenant can request a time for the inspection to take place during normal business hours, but the landlord will set the actual inspection time.
The inspection must take place within four days of the tenant moving out of the unit.
While most tenants are permitted to attend the walk-through inspection, there is a group tenants who automatically forfeit their right to attend the inspection:
Tenants who abandoned the rental unit
Tenants who vacated the rental unit without giving proper written notice
Tenants who have been removed from the rental unit by a court order
Tenants who have failed to respond to the landlord’s request to inspect the unit
Tenants who failed to show up at the correct inspection time
Rental Agreement Laws in Tennessee
Are rental agreements required in Tennessee?
Tennessee requires rental agreements for tenancies 12 months or longer. In a survey of our Tennessee landlords, 100% indicated they had a written rental agreement. Even if the lease is for less than 12 months, we recommend having a written rental agreement for legal assurance. At Avail, we offer an online Tennessee-specific rental lease.
What are the general lease provisions in Tennessee?
In Tennessee, certain provisions must be included in the lease agreement. Most notably, both the landlord and tenant are required to include their names on the rental agreement. Other important provisions can be found in the chart below:
What are the rental agreement notice requirements in Tennessee?
The notice requirements for lease termination are based on the length of the lease. They are as follows:
For a month-to-month lease, the landlord and tenant are required to provide 30 days’ notice.
For a year-to-year or definite lease term, there is no statute addressing the required notice because the lease expires on the date provided for in the lease agreement.
For a week-to-week lease, the landlord and tenant are required to provide ten days notice.
Tennessee also provides specific notice requirements in certain situations:
Notice to terminate for noncompliance by the landlord (when the landlord does not comply with the tenant’s request or other demands): 14 days
Notice to terminate for non-payment: 14 days to pay
Notice to terminate for lease violation: 30 days
Notice to terminate for drug related acts or criminal behavior: 3 days
Notice to terminate for substance using or prostitute violations: Immediate
Tennessee law also outlines notice requirements for vehicle towing. The landlord may have a vehicle on the premises towed if any of the following are present:
One or more flat or missing tires
Vehicle is dead
One or more missing windshields and/or windows
One or more missing fenders or bumpers
The tenant has not been in compliance with all applicable local or state laws relative to titling, licensing, operation, and registration for more than 30 days
Are there lease renewal provisions in Tennessee?
In Tennessee, if the tenant’s wants to renew the lease, he or she must notify the landlord in writing at least 30 days before the expiration of this lease. A lease renewal provision in Tennessee contains the following language:
“LESSEE shall notify LESSOR in writing at least thirty (30) days prior to the expiration of this Lease of LESSEE’s intent to renew or not to renew this Lease. If LESSEE fails to give notice as provided in this paragraph, or if LESSEE continues occupancy of the premises after expiration of this Lease, but without executing a new lease, then a new tenancy from month-to-month shall be created and the rental rate shall be adjusted to the sum of ($) Dollars per month.”
Rental Payment Laws in Tennessee
What are the rules regarding rent payments in Tennessee?
In Tennessee, the landlord is free to charge any rent price agreed upon by the parties because there is no rent control or limit required by the state. Rent is due at the beginning of each month and may be pro-rated each day.
There is no statute addressing the required notice if the landlord wants to increase the price of rent.
Are tenants allowed to withhold rent under the laws of Tennessee? If so, for what purposes?
In Tennessee,tenants are allowed to withhold rent payments. Notably, the tenant may withhold rent if:
The landlord has failed to provide a habitable dwelling (a safe and sanitary dwelling that is fit for the tenant to live in).
The landlord has failed to provide essential services, including, but not limited to heat and water.
If the tenant withholds rent for the landlord’s failure to provide a habitable dwelling, the tenant must file a complaint to the local officials. If the landlord fails to remedy the issue, the tenant is allowed to pay rent to the county for safekeeping.
Does the landlord have to provide rent receipts?
The landlord is not required to provide the tenant with a receipt when rent has been received. There is no requirement for what the receipt should contain but we recommend basic information (name, address, payment, unit number, etc).
If you collect rent online with Avail, we automatically send rent receipts to your tenants.
Is there rent control in Tennessee?
Tennessee does not have any laws addressing rent control or rent regulation. Notably, the Tennessee Uniform Landlord Tenant Act specifically prohibits any sort of rent control or rent regulation.
Late Fees and Grace Period Laws in Tennessee
Is there a legal requirement for late fees in Tennessee?
Landlords may charge late fees for the late rent payments if the landlord put a late fee clause in the lease. Late fees may not exceed 10% of the amount past due.
Is there a legal grace period in Tennessee?
Tennessee law provides for a grace period. The landlord must wait 5 days after rent has become due (excluding Sundays and legal holidays) to demand the full amount of rent due. The landlord must then provide the tenant with a 30 day notice to cure, which means the tenant has 30 days to pay the amount due. If the tenant fails to do so, the tenancy is terminated, and the landlord will start the eviction process.
Tennessee Laws on Repairs: Tenant’s Right, Landlord’s Duty
Tenants are legally entitled to a rental unit that meets basic structural, health, and safety standards. Residential leases carry an implied warranty of habitability. This means that the landlord has a duty to maintain the rental unit and keep it fit for residential purposes throughout the entire term of the lease and that the landlord must repair damage to vital facilities. This warranty is implied in every written and oral lease.
Under the “implied warranty of habitability” law, the tenant’s obligation to pay rent and the landlord’s obligation to maintain habitable (safe, sanitary and fit) premises depend upon each other. If the landlord breaks his obligation to keep the premises in a reasonable condition, the tenant may not have to pay part or all of his rent until the landlord makes necessary repairs. The tenant is required to retain a receipt for all repairs and deductions.
The tenant is allowed to repair and deduct rent. If the landlord deliberately or negligently fails to supply essential services, the tenant shall give written notice to the landlord specifying the breach and may do one of the following:
Pay for essential services themselves during the period of the landlord’s noncompliance and deduct their actual and reasonable costs from the rent.
Recover damages based upon the reduction in the value of the dwelling unit, provided tenant continues to occupy premises.
Move to another place until the landlord fixes the issue, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance.
Tennessee Laws on Landlord Responsibilities
The landlord has certain responsibilities, provided here:
Compliance: the landlord must comply with building and housing codes materially affecting health and safety.
Repairs: the landlord is required to make all repairs and do whatever is necessary to keep the premises in a fit and habitable condition.
Common Areas: the landlord must keep all common areas of the premises in a clean and safe condition.
Trash: the landlord must provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points in multi-unit complexes of 4 or more units.
Tennessee Laws on Tenant’s Responsibilities
The tenant also has certain responsibilities, provided here:
Compliance: the tenant must comply with all obligations imposed upon tenants by those provisions of building and housing codes materially affecting health and safety.
Cleanliness: the tenant must keep the premises clean and safe.
Trash: the tenant must dispose of all ashes, rubbish, garbage, and other waste.
Lawful activity: the tenant may not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person to do so. The tenant is also prohibited from engaging in any illegal conduct on the premises.
Quiet enjoyment: the tenant must act in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.
Tennessee Laws on Eviction
What are the Tennessee laws on eviction?
Landlords must follow specific rules and procedures when evicting the tenant. The most common causes for eviction are the following:
The tenant has failed to pay rent.
The tenant has violated the lease or rental agreement.
The tenant for has committed violent acts.
The tenant has engaged in illegal activity at the rental unit.
In order to evict a tenant, the landlord must provide notice. The notice requirements depend on the size of the county in which the rental property is located:
The Uniform Residential Landlord and Tenant Act provides laws for counties with 75,000 plus residents. The following counties’ must adhere to the act: Anderson, Blount, Bradley, Davidson, Hamilton, Madison, Montgomery, Shelby, Sumner and Knox.
The landlord must provide the tenant with a 14-day notice that outlines the reason for the eviction.
The notice must state that the tenant has 14 days to remedy the condition, by either paying rent or correcting the deficient behavior causing the violation. If the tenant cannot or chooses not to correct within 14 days, the landlord can then proceed with the eviction lawsuit.
If within six months of receiving the notice and correcting the condition the tenant commits the same act again, the landlord is only required to give the tenant a seven-day notice specifying the behavior. The landlord does not have to allow the tenant to fix the deficiency this time. At the end of the seven-day period, the landlord can go ahead and file the eviction lawsuit
All other counties are regulated by the regular Tennessee Code, and the sections pertaining to landlord-tenant relations are included throughout the entire code:
The landlord must provide the tenant with a 14-day notice if the tenant has not paid rent, has damaged the rental unit beyond normal wear and tear, or has intentionally committed a violent act or threatened the health, safety, or welfare of another person in connection with the rental unit or property.
The tenant will have 14 days to either pay the rent, provide payment for damage to the property, or stop the threatening behavior. If the tenant does not do what is required, the landlord can file an eviction lawsuit at the end of the 14-day period.
If the tenant is guilty of any other lease violation, the landlord must provide the tenant with a 30-day notice. The tenant will then have 30 days to fix the violation or the landlord can proceed with the lease violation.
Eviction Process
Written Notice: the landlord must first provide the tenant with a written notice, as detailed more fully above. Notice may be hand delivered, posted on the property, or sent via mail.
Eviction Papers (Summons & Complaint): the landlord must next file an eviction notice with the general session court in which the residential unit is located. The landlord will file a summons and complaint, and then the tenant will receive a copy of both.
Eviction Hearing: At the hearing, the judge will listen to both the tenant and the landlord and come to a decision regarding the eviction.
Period for Appeal:The tenant has 10 days to appeal an eviction judgment in Tennessee. If the tenant decides to appeal, he or she must file an appeal in circuit court and file an appeal bond with the general sessions court.
Writ of Possession: The landlord can do nothing to remove the tenant the property until the 10-day appeal period has run. After that time period has lapsed, the landlord must then file with general sessions court a Writ of Possession for the leased premises. The writ gives possession of the residence back to the landlord. At that point, within 2-3 days of the Writ being filed, the tenant will be physically made to leave by a sheriff and all of tenant’s property will be removed from the residence.
Eviction Defenses
Landlord evicts tenant with a “self help” eviction: It is unlawful for a landlord to attempt to evict a tenant in any other way besides a proper court order. If landlord engages in this behavior, the tenant can sue for damages and possession of property.
Landlord does not follow proper eviction procedures: The landlord must evict the tenant pursuant to the proper procedures.
Tenant is evicted for failing to pay rent: The tenant can stop the eviction process by paying the balance of rent due before the complaint is due. Moreover, if the landlord tries to evict the tenant for not paying rent, the tenant can provide proof that the tenant requested necessary repairs to the rental unit and the landlord did not make necessary repairs to the rental unit.
Landlord failed to maintain rental unit: the tenant may claim that the landlord failed to maintain the rental unit. Any landlord who lives in a county with a population of less than 75,000 must comply with this statute. The standard for what constitutes a habitable premises depends on which statute is to be followed:
Tennessee Code: the landlord must maintain the rental unit in a habitable condition, according to each county’s health codes. If the landlord fails to maintain the rental unit in a habitable condition, the tenant can write a complaint to the appropriate city or county building inspector. The building inspector will inspect and give the landlord thirty days to make any required corrections to the building’s condition. If the landlord does not make the required corrections within thirty days, the tenant can start paying rent into an escrow account held by the court. If the landlord still does not make the corrections within six months of receiving notice, the tenant will receive the rent back, minus court fees.
The Uniform Residential Landlord Tenant Act: the landlord must maintain the rental unit in a habitable condition. Any resident who lives in a county with a population with more than 75,000 must comply with this statute.
The landlord must comply with all building and housing codes that affect health and safety, make all repairs required to keep the rental unit habitable and in fit condition, keep all common areas clean and safe, and in rental properties with four or more units, provide trash receptacles and arrange for removal of all trash.
If the landlord fails to supply an essential service to the tenant, the tenant must give the landlord notice and then the tenant may choose one of the following options:
The tenant can arrange to receive the essential service and then deduct the cost from the rent.
The tenant can recover damages based on the reduced value of the rental unit because of the failure to receive the essential service.
The tenant can temporarily move somewhere else until the landlord supplies the essential service. If the tenant chooses this option, the tenant is not required to pay rent until the landlord provides the essential service.
5. Landlord evicts the tenant based on discrimination: The Federal Fair Housing Act and Tennessee Anti-discrimination law prohibit landlords from discriminating against a tenant based on creed, gender identity, sexual orientation, age, genetic information, ancestry, marital status, veteran or armed forces status, blindness, hearing loss, or any other disability.
Tennessee Laws on Retaliation
Landlords are prohibited from harassing or retaliating against tenants who exercise their legal rights. In Tennessee, the 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.
Tennessee Laws on Domestic Violence, Sexual Misconduct, and Sexual Assault
In Tennessee, the law does not afford special protections to victims of domestic violence, sexual misconduct and sexual assault.
Tennessee Laws on Changing the Locks and Security Devices
There are no laws addressing rekeying, locks, or security devices. When asked whether they change the locks each time a new tenant moves in, our landlords responded with the following:
Tennessee Pet Laws
Tennessee has certain pet laws. Namely, the lease agreement should state whether pets are allowed in the unit and whether the landlord will charge a pet deposit. Under Tennessee Law and the Federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. These laws also require those who operate transportation services to allow service animals.
Landlord rental licensesare required by Tennessee law. Each landlord of one or more dwelling units is required to disclose the following information to the local government where the dwelling units are located:
The landlord’s name, address and telephone number, or the name, address and telephone number of the landlord’s agent.
The street address and unit number, as appropriate, for each dwelling unit that the landlord owns, leases, or subleases or has the right to own, lease, or sublease.
Notice of Entry Laws in Tennessee
Do landlords in Tennessee have to provide notice of entry?
The landlord does not need to provide any notice if they wish to enter the premises for the following reasons:
Non-emergency maintenance and repairs
Emergencies
Showing the unit to prospective tenants
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.
While there is no required notice to enter the rental unit for these reasons, at least 24 hours notice is recommended. In our survey of Tennessee landlords, all indicated that they provide the tenant with at least 48 hours notice before entering the premises.
In some situations, the landlord is required to provide notice:
The landlord must provide notice to the tenant if the landlord wishes to show the property to prospective tenants. Within the final 30 days of the termination of the rental agreement, the landlord needs to provide 24 hours notice show the property.
The landlord must provide at least 30 days notice if they wish to enter the rental unit for a move out inspection.
There are also specific notice procedures in the case of utility shutoffs. If a written rental agreement requires the tenant to place utility services in his or her name and the tenant fails to do so within three days of the tenant occupying the premises, the landlord may have such utility services terminated if the existing utility service is in the name of the landlord.
Sublease and Assignment Provisions in Tennessee
Under a sublease agreement, the original tenant leases the premises (apartment or house) to another individual. This individual must legally abide by the terms of the lease, as they have essentially taken over the lease term for a specified period of time. Unless the lease prohibits subleasing, a landlord may not unreasonably withhold permission to sublet.
A typical sublease provision in the State of Tennessee, reads as follows:
“Without the prior written consent of LESSOR, LESSEE shall not assign this Lease, or sublet or grant any concession or license to use the premises, or any part thereof. A consent by LESSOR to one assignment or subletting shall not be deemed a consent to any subsequent assignment or subletting.”
Abandonment of Property Provisions in Tennessee
Tennessee has specific laws for how and when the landlord can dispose of the tenant’s abandoned personal property. Note: When Tennessee law mentions abandoned property it is in reference to the tenant’s belongings. In the section below, the word property refers to the tenant’s belongings and the word premises will describe the actual rental property.
The first step is to determine whether the property is abandoned. There are two ways to determine abandonment:
If the tenant has been absent from the rental unit for a period of 30 days and has not yet paid rent, the premises and any accompanying property is presumed to be abandoned.
If the tenant is at least 15 days late on rent and there is a belief that the tenant has permanently moved out of the rental unit, the premises and any accompanying property is presumed to be abandoned.
The next step is to notify the tenant. The landlord must provide the tenant notice of their desire to dispose of any abandoned property remaining at the rental unit. The notice must be posted at the rental unit and also sent to the tenant via certified mail. The notice must be in writing and contain the following information:
The landlord’s statement expressing their belief that the premises is abandoned.
The landlord’s statement that the tenant has ten days to contact the landlord or the landlord may enter the rental unit and take possession of it.
The landlord’s statement that if the tenant does not contact the landlord within ten days, the landlord may remove the tenant’s possessions from the rental unit and re-rent the unit.
The landlord’s statement that the tenant will have another 30 days (after the first ten days have ended) to claim any possessions left behind at the rental unit or the landlord will dispose of the possessions.
A telephone number and mailing address where the landlord may be reached.
Finally, if the tenant has not claimed the property by the end of the 30-day period, the landlord may dispose of the tenant’s possessions.
If the landlord decides to sell the property, then the landlord may use the proceeds of the sale towards any outstanding fees owed by the tenant, such as unpaid rent, damage to the rental unit, storage unit fees, and sale costs.
If there is any money left over, then the landlord must hold onto the money for at least six months after the sale.
If the tenant does not claim the money within that time, the landlord may keep it.
Required Tennessee Rental Agreement Disclosures
Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before the lease takes effect. Additionally, under state law, landlords must provide this EPA-approved information pamphlet.
Owner or Agent Identity: The landlord or any person authorized to enter into a rental agreement on the landlord’s behalf must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the agent authorized to manage the premises, and an owner of the premises or a person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands.
Name and Addresses: The landlord must disclose the name and address of the property owner, anyone authorized to manage the property, amount of security deposit, and the tenant’s security deposit rights.
Showing Property to Prospective Tenants: The landlord may enter to show the premises to prospective renters during the final 30 days of a tenancy (with 24 hours’ notice), but only if this right of access is set forth in the rental agreement or lease.
Each landlord of one or more dwelling units is required to provide the following information with the agency or department of local government where the residential unit is located:
The landlord’s name, address and telephone number, or the name, address and telephone number of the landlord’s agent.
The street address and unit number, as appropriate, for each dwelling unit that the landlord owns, leases, or subleases or has the right to own, lease, or sublease.
Any landlord who fails to follow these procedures will be assessed a fine in the amount of fifty dollars ($50.00) per week by the agency or department of local government that is responsible for enforcing building codes where the unit(s) are located.
§68-28-202- Effect of Unsigned or Undelivered Agreement
If the landlord does not sign a written rental agreement, the parties operate on a month-to-month tenancy.
§66-28-301- Security Deposits
All landlords that decide to require a security deposit must deposit the money in an account used only for that purpose. The bank or lending institution where the account is located must be subject to regulation by the state of Tennessee.
Within 10 business days after termination of the rental agreement, but before any repairs or cleanup of the premises, the landlord has the right to inspect the premises and create a list of any damage to the unit that could be the basis for any charge against the security deposit.
The landlord may not retain any portion of a security deposit if the security deposit was not deposited in a separate account.
If after termination of the lease term, the tenant has yet to pay rent, the landlord may use the tenant’s security deposit to cover the cost of such.
§66-28-302- Address of Landlord or Agent
The landlord or any other person authorized to enter into the rental agreement on the landlord’s behalf must disclose the name of the person authorized to manage the premises. The landlord must also disclose the person or agent authorized to act for and on behalf of the owner for the acceptance of service of process and for receipt of notices and demands.
The landlord must disclose this information before the start of the tenancy.
§66-28-403- Access by Landlord
The tenant must allow the landlord to enter the premises for the following reasons: inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.
The landlord may enter the dwelling unit without consent of the tenant in case of emergency.
The landlord may also enter onto the premises if the tenant has abandoned the premises or if the tenant is deceased, incapacitated or incarcerated.
§66-28-502- Failure to Provide Essential Services
If the landlord deliberately or negligently fails to supply essential services, the tenant may give written notice to the landlord specifying the breach and may do one of the following:
Provide their own essential services because of landlord’s failure and deduct from the rent.
Recover damages based on the fair rental value of the unit.
Find reasonable substitute housing.
Essential services means utility services, including gas, heat, electricity, and any other obligations imposed upon the landlord which materially affect the health and safety of the tenant.
§66-28-510- Landlord’s Remedy After Termination
The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 10 days prior to the termination date specified in the notice.
The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days prior to the periodic rental date specified in the notice.If the rental agreement is terminated, the landlord may have several claims, including a claim for possession and for rent, and a separate claim for actual damages for breach of the rental agreement and reasonable attorney’s fees.
§66-28-512- Termination of Periodic Tenancy Holdover Remedies
The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 10 days prior to the termination date specified in the notice.
The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days prior to the periodic rental date specified in the notice.
§66-28-517- Termination by landlord for violence or threats to health, safety, or welfare of persons or property
The landlord may terminate a rental agreement within three days from the date written notice is delivered to the tenant if the tenant or any other person on the premises:
Willfully or intentionally commits a violent act.
Behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants or persons on the premises.
§66-28-521- Termination of Utility Services
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 10 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.
Tennessee Code. Ann. §28-3-100 et seq.
§28-3-109. Statute of Limitations for Unpaid Rent
The landlord must bring an action against the tenant for unpaid rent not more than 6 years after rent becomes due.
§28-3-105. States of Limitations for Damage to Real Property
The landlord must bring an action against the tenant for any damage to the landlord’s real property not more than 3 years from the accruing of the cause of action.
Memphis Landlord-Tenant Law
Landlord-tenant law in Memphis is the same as Tennessee state law. Memphis is located in Shelby County, which has a population of 938,069 residents. Thus, both landlords and tenants residing in Memphis must adhere to the Uniform Residential Landlord and Tenant Act for habitability and eviction procedures.
Nashville Landlord-Tenant Law
Landlord-tenant law in Nashville is the same as Tennessee state law. Nashville is located in Davidson County, which has a population of 162,878 residents. Thus, both landlords and tenants residing in Memphis must adhere to the Uniform Residential Landlord and Tenant Act for habitability and eviction procedures.
Disclaimer
This article is designed to convey information, and not for the purpose of providing legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney in relation to any decision or course of action contemplated.
