More by Reggie Lys at Avail

Washington Landlord-Tenant Law

Reggie Lys — Fri, 08 Oct 2021 12:59:00 +0000

*Depends on location.

Get a printable renter application AND learn how to screen Washington tenants securely—free for landlords.

READ THE FULL GUIDE!

Washington Landlord-Tenant Law

In this guide, we will focus on Washington landlord-tenant law and Seattle’s landlord-tenant law at the end of the guide.

We ranked the best landlords in the US and the landlords in Washington are in the top five in the nation. There are almost one million tenants in Washington, making up 13.5% of the state’s population. Seattle has the highest concentration of renters in Washington; 34% of the city’s population are tenants.

Security Deposit Laws in Washington

In Washington, landlords can forego security deposits if they would like. However, if a landlord collects a security deposit, Washington regulates how landlords must collect and hold security deposits.

What are the security deposit requirements in Washington?

Landlords must hold their security deposits in a separate trust account. The trust account must be for security deposits only and must be in the state of Washington. When the landlord collects the security deposit, the landlord must give the tenant a receipt that states the name and address of the institution holding the deposit. The landlord is entitled to all interest held on the account.

If the landlord collects a security deposit, the rental agreement must be written. The lease must state the terms of the deposit and must include a statement or checklist indicating the condition and cleanliness of the premises. The landlord and tenant must sign the statement or checklist. If a landlord collects a security deposit without a statement or checklist of the condition of the premises, then a tenant can sue the landlord for the amount of the security deposit and attorney’s fees.

When must a landlord return the security deposit?

The landlord must return the deposit within 21 days of the tenant moving out. If the landlord is withholding any part of the security deposit, within 21 days of the tenant moving out, the landlord must specifically state the reason for withholding the deposit. Landlords in Washington generally withhold security deposits for unpaid rent, unpaid utilities, property damage, and early termination of the rental agreement.

If the landlord intentionally refuses to return the deposit to the tenant or refuses to give the tenant a statement clarifying why the landlord is not refunding the deposit, then the landlord may be liable for up to two times the deposit, plus the tenant’s attorney’s fees.

According to our survey, most landlords in Washington collect a security deposit equal to the cost of one month of rent.

How much do you collect for a security deposit?

Rental Agreement Laws in Washington

Rental agreements must be in writing if the lease is for 12 or more months in Washington. Even if the lease is shorter than 12 months, the least must be written if the landlord charges a security deposit or a non-refundable fee. Even if a landlord had a rental agreement that was shorter than 12 months and did not collect a security deposit or non-refundable fee, we would still recommend using written agreements.

Written agreements make it easier to prove what the landlord and tenant agreed upon. If a rental dispute goes to court, it will be essential to establish what the landlord and tenant agreed upon to prevail. Written agreements are the best way to show the terms of the rental agreement.

Avail has an attorney-approved Washington Rental Agreement that includes all the necessary notices and disclosures based on the location of your rental unit. Start your rental agreement here.

Repair Laws in Washington

In general, landlords must keep the rental unit in a livable condition. In addition to keeping the rental unit in good repair the landlord must also:

- Supply heat and hot water

- Arrange for the regular removal of waste

- Provide adequate locks and keys

Have a reasonable program for the control of infestation by insects, rodents, and pests

If there is a defect in the unit, the tenant must provide the landlord with written notice that states the type of defect in the unit and the address of the unit. The amount of time a landlord has to respond to a written notice for repairs depends on the severity of the defect.

- If the defect is immediately hazardous to life or deprives the tenant of heat or running water, then the landlord must start to make repairs within 24 hours of receiving the written notice.

- If an appliance that came with the unit or plumbing fixture needs repair, then the landlord must start to make repairs within 72 hours of receiving the tenant’s written notice.

In all other cases, the landlord has ten days to respond to a tenant’s written request for repairs.

If the landlord does not have the financing to make the repairs, then the landlord must make repairs as soon as possible.

Tenants’ Rights Regarding the Landlord’s Duty to Repair

If the landlord does not make repairs in a timely manner, the tenant may make the repairs themselves and deduct the cost of repairs from the rent. The tenant could also seek a reduction of their rent in court. In the most extreme scenarios, the tenant can terminate the lease early without consequence. However, the tenant must be current with rent before any of these remedies are available to the tenant.

Repair and Deduct

If the landlord fails to make repairs in a timely manner, the tenant can make repairs herself and deduct the cost of repairs from the cost of rent. The cost of repairs cannot exceed two months’ rent in a twelve-month period. Before contracting for repairs, the tenant must present the landlord with the estimate of the cost of repairs from the party making the repairs. If the landlord still doesn’t make repairs then the tenant can move forward with contracting for repairs. Upon completion of repairs, the tenant must allow the landlord to examine the repairs.

Reduced Rent

A tenant may also file a claim in court for a reduction in rent. If the court or arbitrator finds that the landlord has failed its duty to repair, then the judge will determine the diminished value of the rental unit. The judgment against the landlord will be for the amount of rent paid in excess of the diminished value of the unit since the unit had an issue. The tenant will not be obligated to pay rent in excess of the diminished value until the defect is repaired.

Escrowed Rent

If the landlord fails to make repairs that expose the tenant to serious harm to their life, the tenant may request the local government to inspect the unit. If the government finds that the conditions the tenant complained about exist, then the tenant can pay their rent into an escrow account. A landlord can apply to get the escrowed rent if the government finds that the conditions have been repaired, in which case, the government will refund the landlord the escrowed amount minus the fees for the escrow account.

Early Termination

If the landlord fails to repair the defects promptly, then the tenant could terminate the tenancy and would be entitled a pro-rata refund of any prepaid rent, a refund of the security deposit and would no longer be responsible for the rent. If the court finds that the unit is uninhabitable and unrepairable, it may order the tenant to move out.

Washington Laws on Retaliation

A landlord cannot retaliate against a tenant because the tenant complained to a government agency about the conditions of the apartment, or asserted his or her rights under the law. The following actions are considered retaliation:

- Eviction of the tenant

- Increasing the rent required of the tenant

- Reduction of services to the tenant

Increasing the obligations of the tenant

If the tenant is in good standing under the rental agreement, retaliation is presumed if any of the actions stated above are taken within 90 days of the tenant asserting his or her rights under the law.

Notice of Entry

The landlord can enter the rental unit with the consent of the tenant in the case of an emergency. To make repairs to the unit or to exhibit the unit, the landlord needs to give the tenant advance notice of entry. Before making repairs to the unit, the landlord must provide the tenant 48-hour notice. However, when the landlord is showing the unit to a prospective tenant or buyer, the landlord only needs to give the tenant 24-hour notice. The notice must be written and must state the date and time of entry. The notice must also include a phone number to call to object or reschedule entry.

If a landlord does not give proper notice before entering a unit and continues to do so after notice, then the landlord can be sued for $100 for each violation, plus attorney’s fees.

Keys, Locks, and Security Devices

In general, the landlord must keep the locks and keys in good repair and keep the premises relatively safe. However, the statute does not require the landlord to replace the locks after a tenant vacates the premises. If the locks on the unit need to be replaced, the landlord has ten days to make the repairs (unless the condition of the lock exposed the tenant to immediate harm). As you can see below, a majority of landlords in Washington replace the locks every time a new tenant moves into the unit.

Do you change the locks every time you have a new tenant?

Rental Payment

In Washington, the landlord can accept payment in any form they like. If the landlord receives payment in cash, the landlord must give the tenant a receipt of payment. Under any other type of payment, the landlord only has to provide the tenant with a receipt if the tenant requests one.

Late Fees and Grace Periods

Streamline Rent Collection for Your Rental

Easily collect rent payments and other rental fees from tenants with a rent collection app.

Schedule rent payments in advance
Get next-day payments with Fastpay
Allow tenants to set up recurring payments
Track rental income and expenses in one place

Get Started

The state of WA has statutes in place preventing the collection of late fees until rent is more than 5 days past due: RCW 59.18.170(2) and RCW 59.18.230(2)(f). To ensure rent is paid on time every month, landlords should complete a thorough tenant screening process.

When screening prospective tenants in Washington, the landlord must tell them what types of information will be collected, what will result in a denial, whether a reusable tenant screening report would be accepted, the consumer reporting agency used, and the right of a tenant to receive a free copy.

Use Avail to screen your tenants and make paying rent easy with online rent payments.

Washington Laws on Eviction

In Washington, the landlord can evict the tenant for a variety of reasons:

- Not paying rent

- Occupying the rental unit after the lease is complete

- Breaking the lease

- Intentionally or negligently damaging the rental property

- Operating an unlawful business in the unit

Engaging in gang-related activity on the property

In most cases, the eviction process begins with serving the tenant a three-day notice that tells the tenant to cure the issue or move out of the rental unit. If the tenant does not fix the problem by the end of the three day period, then the landlord can file for the eviction of the tenant at their local courthouse. The three-day notice and the summons for evictions must be served in person, to a person of suitable age living in the unit, by mail, or by posting a notice on the rental unit.

In the case where the rental agreement is for an indefinite amount of time, the landlord must give the tenant 20 days’ notice that the landlord wants to end the rental arrangement before filing for an eviction of the tenant.

Victims of Domestic Violence

Victims of domestic violence or sexual assault have special protections in Washington. Victims of domestic violence or sexual assault can end their lease early, without consequence, provided the following:

- The event happened within the last 90 days

- The tenant has an order of protection

- The tenant reported the incident to a qualified third party working in their official capacity

The report must state the time and date of events, location of events, a short description of the assault, and that the tenant notified the third party of the name of the assaulter.

Landlords may not refuse to rent to an applicant because the applicant ended a previous rental agreement due to domestic violence or assault.

If a landlord refuses to rent to an applicant because that applicant ended a previous rental agreement early due to domestic violence, the landlord can be held liable for actual damages suffered by the applicant and attorney’s fees. Additionally, screening services cannot tell landlords whether a tenant has ended a previous rental early because of domestic violence.

Additionally, victims of domestic violence or sexual assault can get the member of the household that committed the act evicted from the unit and can change the locks of the unit. Pursuant to the judgment, the landlord cannot give the evicted tenant a copy of the new keys.

Pet Laws

Washington does not require landlords to allow pets in their units. However, the federal law states that people with specific disabilities have a right to request a waiver for a ‘no pets’ policy if they need a service animal for medical reasons.

Required Washington Rental Agreement Notices

Lead Paint: If the property was constructed before 1978, federal law requires landlords to disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling before the tenant signs the lease or rental agreement. The landlord also must give the tenant a copy of the federal government’s pamphlet, Protect Your Family From Lead in Your Home.

Mold: Landlords must provide tenants with information provided or approved by the Washington Department of Health about the health hazards associated with exposure to indoor mold.

Condominium Conversion Project: Landlords must give tenants 120 days’ notice if the landlord plans to change the unit into a condo.

Fire Safety: Landlords must provide written a notice of fire safety info and notice that the unit has a smoke detector. The notice must state that the tenant has to keep smoke detector in working order. Landlords must provide this notice to their new tenants when they receive the lease. The notice must include the following:

- Whether the smoke detection device is hardwired, or battery operated

- Whether the building has a fire sprinkler system

- Whether the building has a fire alarm system

- Whether the building has a smoking policy, and what that policy is; the building has an emergency notification plan for the occupants and, if so, provide a copy to the occupants;

- Whether the building has an emergency relocation plan for the occupants and if so, give a copy to the occupants

Whether the building has an emergency evacuation plan for the occupants and if so, provide a copy to the occupants

Oft-Cited Washington Landlord and Tenant Laws

Below you will find references to areas of the Washington rules and regulations that govern rental properties and issues related to landlord-tenant law.

RCW 59.12.030

- The landlord can evict the tenant for:
  - - Not paying rent
  - - Occupying the rental unit after the lease is complete
  - - Breaking the lease
  - - Intentionally or negligently damaging the rental property
  - - Operating an unlawful business in the unit
  - Engaging in gang-related activity on the property

Tenant must be served a three-day notice before a landlord can file for eviction of a tenant in court.

RCW 59.18.060

- Landlords must keep their rental units in a livable condition.

- Landlords must provide written notice of fire safety information and notice that the unit has a smoke detector.

- Landlords must provide tenants with information provided or approved by the department of health about the health hazards associated with exposure to indoor mold.

The lease must state name and address of landlord or landlord’s agent.

RCW 59.18.100

- Tenant may end the lease early if the landlord does not make repairs in a timely manner after receiving written notice from tenant.

- Tenant may repair defect in the unit and deduct the cost of repairs from rent if the landlord does not may repairs in a timely manner after receiving written notice from tenant.

- Tenant may seek a reduction in rent until repairs are completed if the landlord does not make repairs in a timely manner after receiving written notice from tenant.

Tenant may seek government inspection of rental unit and pay rent into an escrow account until repairs are completed if the landlord does not make repairs in a timely manner after receiving written notice from tenant.

RCW 59.18.280

- The landlord must return the security deposit within 21 days of the tenant moving out of the rental unit.

The landlord must send notice that states specifically any reasons why security deposit is being withheld.

Seattle Landlord-Tenant Laws

By following state law, landlords are not necessarily in compliance with city laws, particularly in Seattle. Seattle landlords must follow federal and state laws mentioned above, but also city laws. In Seattle, all rentals must be registered with the city. In addition, all rental units in the city are subject to the Just Cause Eviction Ordinance, the Rental Agreement Regulation Ordinance, the Tenant Relocation Assistance Ordinance, and the Third Party Billing Ordinance. Below is an overview of the essential distinctions for Seattle.

Seattle Evictions

Seattle’s Just Cause Eviction Ordinance has an extensive list of reasons why a landlord can evict a tenant. The significant difference is the penalties available in certain circumstances.

If a landlord misleadingly uses one of the following reasons to evict a tenant, then the landlord may be subject to enforcement action by the City for a civil penalty of up to $2,500. Also, tenants may sue the owner for up to $,3000 and attorney’s fees.

- The sale of a single-family residence is planned

- The owner or a family member is to move in

- Substantial rehabilitation is planned

- The number of residents must be reduced to eight

- The owner is discontinuing the use of an approved accessory dwelling unit (ADU) after receipt of a notice of violation

The owner fails to carry out the stated reason for terminating the tenancy

Retaliation Laws in Seattle

In Seattle, retaliation is presumed if a landlord takes retaliatory actions 90 days after a tenant has asserted their rights under the law. The difference is in the what is considered retaliatory action. In Seattle, the following actions are considered retaliatory

- Eviction of the tenant

- Increasing the rent required of the tenant

- Reduction of services to the tenant

- Increasing the obligations of the tenant

- Entering a tenant’s unit without proper notice

Prohibiting a tenant from distributing information in the building assisting tenants to organize

Increasing Housing Cost in Seattle

If a landlord wishes to increase the cost of the rental in Seattle, there are specific notice requirements. Additionally, increases can only happen at the beginning of the rental period.

- 30 days’ notice is required for increases in rent and fees of less than 10%

60 days’ notice is required for increases in rent and fees of 10% or more

Security Deposits in Seattle

In Seattle, the total amount of security deposits and move-in fees cannot exceed one month of rent. If the total amount of security deposits and move-in fees exceeds 25% of a full month’s rent, the tenant may pay the total amount of the security deposit and move-in fees in installments. Landlords cannot charge extra for installment payments.

- If the tenancy is six months or longer, the tenant can make six equal monthly payments.

- If the tenancy is less than six months, the tenant can make four payments of equal duration.

If the tenancy is a month-to-month, the tenant can make two payments: the first payment due in the first month and the second payment due the second month.

Last Month’s Rent in Seattle

If a landlord requires the tenant to pay the last month of rent in advance, the tenant can make this payment in installments also. Just as with security deposits, landlords cannot charge extra for installment payments on an advance payment of the last month of rent.

- If the tenancy is six months or longer, the tenant can make six equal monthly payments.

- If the tenancy is less than six months, the tenant can make four payments of equal duration.

If the tenancy is a month-to-month tenant can make two payments, the first payment due in the first and the second payment due the second month.

Pet Damage Deposit

Landlords can charge a pet damage deposit in addition to a security deposit. The tenant can pay the deposit in three installment payments. However, the deposit must be in the lease or an addendum to the lease. The pet damage deposit cannot exceed 25% of one month of rent.

Move-in Fees

Landlords can also charge move-in fees. Move-in fees cannot exceed 10% of the monthly rent price. Further, the move-in fee cannot exceed the cost of obtaining a tenant screening report, criminal background check, or credit report and the cost of cleaning the rental unit at the end of the lease term.

If a landlord uses a tenant screening report, the cost of the tenant screening report cannot exceed the average cost of a tenant screening report in Seattle. The landlord must provide the tenant with a copy of the report and the name and address of the reporting agency.

Required Seattle Rental Agreement Notices

Landlords must provide the tenant with a summary of Washington and Seattle landlord-tenant law. Landlords can satisfy this requirement by providing a copy of the Seattle Department of Construction and Inspections Publication Information for Tenants.

If the landlord fails to provide the tenant with this document, the tenant can terminate the lease by providing the landlord with written notice. Also, the landlord could be held liable for damages up to $500 and attorney’s fees. If the landlord did so intentionally, the landlord might be responsible for up to $1,000 worth of damages.

Third-Party Billing Ordinance

If a landlord charges the tenant for utilities provided by the city, the landlord must provide the tenant with the landlord’s billing practices in the rental agreement or separate note.

Create a Seattle-specific residential lease here.

Washington Landlord-Tenant Law Resources

Below you will find helpful Washington landlord-tenant law resources:

Seattle Department of Construction and Inspection: Seattle Landlord-Tenant Law

Disclosure Attachments

- Lead Poisoning Prevention Pamphlet

Mold Prevention Guide

Disclaimer

This article is designed to convey information, and not to provide 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 about any decision or course of action contemplated.

The post Washington Landlord-Tenant Law appeared first on Avail.

Virginia Landlord-Tenant Law

Reggie Lys — Thu, 15 Oct 2020 20:06:00 +0000

Get a printable renter application AND learn how to screen Virginia tenants securely—free for landlords.

READ THE FULL GUIDE!

Virginia Landlord-Tenant Laws

Virginia landlord-tenant law sets up the foundation for residential leases in Virginia. Landlords and tenants can build upon this foundation to make the rental agreement of their choosing. Most of the landlords in Virginia say they are familiar with the state’s landlord-tenant law, and we believe this has been key to their success. We ranked the best landlords in the US based on a survey of our landlords and the landlords in Virginia are in the top ten in the nation. Most of the cities in Virginia, such as Virginia Beach, follow the Virginia Residential Landlord-Tenant Act (VRLTA). Therefore, in this guide we will provide an overview of the Virginia Residential Landlord-Tenant Act, and outline some best practices that landlords in Virginia should follow.

Security Deposit Laws in Virginia

Virginia does not require landlords to collect security deposits, but they can be a helpful way for the landlord to avoid absorbing costs for damage caused by tenants. It is also a helpful way to test the financial stability of the prospective tenant. To afford a deposit, tenants need to have saved money.

In Virginia, the amount of a security deposit cannot exceed the cost of two months of rent. When the lease is over, the landlord must return the deposit to the former tenant within 45 days of the former tenant moving out. Landlords can withhold part or all of the deposit to cover:

Late rent
Damage to the apartment in excess of normal wear and tear
Breaking provisions in the lease
Unpaid utility bills

In most situations, landlords will withhold a security deposit to cover damages to the unit caused by the tenant. To withhold a security deposit due to damage to the apartment, the landlord must inspect the unit within five days of the former tenant moving out and send the former tenant a report detailing the damage to the unit.

Instead of a security deposit, a landlord may require a tenant to get renter’s insurance for their apartment. However, if the cost of renter’s insurance and the security deposit is more than two month’s rent then the landlord cannot require the tenant to put down a security deposit and get renter’s insurance.

Application Deposits

In addition to security deposits, landlords may also require that tenants pay an application deposit or an application fee. Application deposits are amounts landlords charge to hold an apartment for a tenant during the application process. If the tenant does not rent the apartment, the landlord must return the application deposit to the tenant. If the tenant rents the apartment, the landlord can add the application deposit to the security deposit for the rental agreement.

Non-refundable Fees

Landlords may also charge non-refundable application fees. Application fees are used to cover the administrative cost of the application process. Application fees cannot exceed $50. If the apartment is part of government housing, the application fee cannot exceed $32.

Rental Agreement Laws in Virginia

In Virginia, written rental agreements are only required if the lease is longer than 12 months. However, we recommend that landlords always use a written agreement, regardless of the length of the agreement. If there is a dispute about the rental agreement, a written agreement will offer the clearest proof of what the landlord and tenant agreed to do.

The rental agreement must include the name and address of the owner and manager of the rental property. The rest of the clauses in the lease depend on what the landlord would like to put in the lease.

In Virginia, the rental agreement cannot include:

A waiver of the tenant’s rights under the VRLTA
A clause stating the tenant agrees to pay the landlord’s lawyer fees
A clause stating the tenant agrees to pay a security deposit and post a surety bond

The landlord must provide the tenant with a copy of the lease within thirty days of the tenant signing the lease. Get started today with our online Virginia rental lease agreement.

Rules and Regulations

Landlords often have additional rules and regulations in connection with renting an apartment. Under Virginia law, for a landlord to implement valid regulations, the landlord must abide by the following guidelines.

The purpose of the rule is to promote convenience, safety, or welfare.
The rule is reasonably related to its purpose.
It applies to all tenants in a fair manner.
It is clear what the tenant must do or must not do.
It is not for the purpose of evading landlord duties.
The tenant is provided a copy when the tenant signs the lease or when the rules are adopted.

If the landlord creates the rules after the tenant moves in, the rules cannot substantially change the lease. Additionally, the rules will be valid only if the tenant agrees to the rules in writing.

Create an online rental agreement now with Avail. Our Virginia-specific lease makes it easier than ever been before.

Move-in Inspection

Within in five days of the tenant moving in, the rental unit must be inspected by either the landlord or tenant for existing damage to the apartment. Any visible mold in the apartment should be included in the report. After either the tenant or landlord completes the inspection, they must send the other party a report of the damage found during the inspection. After receiving a copy of the report, the landlord or tenant should respond in writing if they do not agree with the report.

We recommend landlords provide tenants this move-in inspection.

Rental Payments and Late Fees in Virginia

Streamline Rent Collection for Your Rental

Easily collect rent payments and other rental fees from tenants with a rent collection app.

Schedule rent payments in advance
Get next-day payments with Fastpay
Allow tenants to set up recurring payments
Track rental income and expenses in one place

Get Started

Tenants can pay rent in any form of payment that the landlord will accept. If the tenant pays in cash, the landlord must give the tenant a receipt if the tenant asks for a receipt.

The tenant may also request a written statement showing all debits and credits over the tenancy, or the past 12 months, whichever is shorter. The landlord must provide the statement within ten days of the tenant’s request.

Payments are easy to track if you collect rent online.

If the tenant pays rent late, the landlord may charge late fees, if the landlord put the late fees in the lease. Late fees cannot exceed the lesser of 10% of the remaining rent balance owed & due by the tenant or 10% of the periodic rent amount. Landlords may also charge a processing fee for bounced checks. Processing fees cannot exceed $50.00.

Virginia Laws on Repairs

The landlord must keep the rental property in a habitable condition. In addition to following building and housing codes that affect health and safety, landlords must do the following:

Keep the common areas of the building clean.
Keep all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, in working condition.
Take steps to prevent the buildup of mold.
Supply heat, air conditioning, and running hot water.
Maintain a carbon monoxide alarm that has been installed by the landlord in a dwelling unit.

If the tenant is seeking repairs to the unit, the tenant must send the landlord notice of the defect in writing. If the landlord cannot repair the defect within 21 days, then the tenant may terminate the lease. However, to end the lease the tenant must notify the landlord thirty days in advance that if the landlord does not make the requested repairs, he or she will leave.

Terminating the Lease

When the landlord and tenant have a rental agreement for a specific amount of time, it is assumed that the rental agreement ends after the specified amount of time has passed. The landlord and tenant may mutually agree to terminate or renew the lease. If the rental agreement ends, and the landlord consents to the tenant staying in the apartment, the agreement changes to a month-to-month agreement, with rent at the same rate as the expired agreement. If the landlord does not agree to the tenant’s occupancy after the rental period ends, then the tenant is a holdover, and the landlord can sue the tenant.

In a month-to-month rental agreement, the tenant or landlord must provide 30 days’ notice to terminate the rental agreement.

Military Personnel Terminating Lease Early

Military personnel have special privileges in Virginia in regards to the termination or their leases. Military personnel may end the lease early for the following reasons:

Orders changing station to a base over 35 miles away
Temporary orders longer than three months over 35 miles away
Discharged from active duty
Ordered to report to government-supplied quarters resulting in the loss of basic allowance for quarters

The tenant must notify the landlord of his or her desire to end the lease early. The notice must be sent to the landlord with a copy of the military order at least 30 days before the lease terminates.The tenant may not end the lease earlier than 60 days before the orders go into effect.

Virginia Laws on Eviction

A landlord can evict the tenant for the following:

The tenant has not paid rent
The intentional damage to the premises
A breach of the rental agreement
The use of the premises for illegal drug activity

If the landlord is evicting the tenant for breaching the rental agreement the landlord must provide the tenant with 30 days’ notice of eviction. The notice must state that if the tenant does not correct the defect within 30 days, the tenant will be evicted from the unit. If the tenant cures the defect, the tenant will not be evicted.

If the landlord is evicting the tenant because the tenant has not paid rent, then the landlord must give the tenant five days’ notice of eviction. If the tenant does not pay rent within five days, the landlord may continue with the eviction of the tenant. Landlords may accept partial payments of rent while continuing with the eviction process.

If the landlord is evicting the tenant for illegal drug activity or any other activity that may endanger other tenants, then the landlord can evict the tenant immediately.

Virginia Laws on Retaliation

Landlords cannot increase rent, decrease services, or threaten to evict the tenant because the because the tenant has done any of the following:

Filed a complaint with a government agency that regulates building or health and safety codes
Complained to the landlord
Joined a tenant’s union
Testified against the landlord

There is no statutory timeline for retaliation. A tenant that is a victim of retaliation from their landlord can sue their landlord for any cost or expenses incurred because of the landlord’s retaliation.

Victims of Domestic Violence or Sexual Assault

Victims of domestic violence and sexual assault have special privileges in Virginia. Victims of domestic violence and sexual assault may change the locks on their apartment or request that the landlord changes the locks on their apartment. Victims of domestic violence or assault may also terminate their lease early. For victims of domestic violence or sexual abuse to change locks on their apartment, they must have a court order that states that they are allowed change the locks.

In order to terminate the lease, the victim must have a restraining order or judgment against the abuser. The victim must give the landlord 30 days’ notice of his or her intention to terminate the lease. Anyone else under the lease would still be responsible for their portion of the lease.

Virginia Laws on Changing the Locks and Security Devices

Virginia does not require the landlord to change locks. However, based on a survey of our Virginia landlords revealed that the majority change the locks on their rental units after the tenant moves out.

Do you change the locks every time you have a new tenant?

Virginia Pet Laws

Whether pets are allowed on the rental property will be up to the landlord and what is in the rental agreement. However, landlords should know that federal law requires landlords to accommodate the tenant’s need for service animals.

Notice of Entry Laws in Virginia

Landlords must provide tenants with 24 hours’ notice for routine repairs. When repairs involve the application of insecticide or pesticide, the landlord must give the tenant at least 48 hours’ notice.

Landlords can access the rental unit with the tenant’s permission for repairs and to exhibit the unit to prospective buyers or tenants. The tenant cannot unreasonably deny the landlord access to the unit. In an emergency, the landlord does not need the tenant’s permission to access the unit.

Sublease and Assignment Provisions in Virginia

In Virginia, subleasing will be governed solely by what is in the rental agreement. However, if the lease states that the landlord must approve sublease, then the landlord must respond to the tenant within 10 days of the tenant’s request for the sublease.

Abandonment of Property Provisions in Virginia

When a rental unit is abandoned then the rental agreement is over. However, if the landlord does not know whether the unit is abandoned, the landlord must send notice to the tenant stating the that a response is needed within seven days stating that the tenant is still occupying the unit. If the tenant does not answer, then the unit is presumed to be abandoned.

Any property left in the rental unit after the tenant moved out is considered abandoned. Also, any pay or quit notice the landlord serves on the tenant must state that property left in the unit after moving out will be considered abandoned.

Confidential Information

Landlords are likely to acquire sensitive information of tenants during the tenant’s occupancy. In Virginia, there are strict regulations as to when a tenant’s information may be shared with a third party. No landlord or managing agent shall release information about a tenant or prospective tenant to a third party unless:

The tenant or prospective tenant has given prior written consent
The information is a matter of public record as defined in § 2.2-3701
The information is a summary of the tenant’s rent payment record, including the amount of the tenant’s periodic rent payment
The information is a copy of a material noncompliance notice that has not been remedied or, termination notice given to the tenant and the tenant did not remain in the premises thereafter;
The information is requested by a local, state, or federal law enforcement or public safety official in the performance of his or her duties
The information is requested pursuant to a subpoena in a civil case
The information is requested by a local Commissioner of the Revenue
The information is requested by a contract purchaser of the landlord’s property, provided the contract purchaser agrees in writing to maintain the confidentiality of such information
The information is requested by a lender of the landlord for financing or refinancing of the property
The information is requested by the commanding officer, military housing officer, or military attorney of the tenant
The third party is the landlord’s attorney or the landlord’s collection agency;
The information is otherwise provided in the case of an emergency
The information is requested by the landlord to be provided to the managing agent, or a successor to the managing agent

Landlords may use a property management service to manage their tenant’s information. In that case, the third party company would be liable for any unlawful release of customer information to another third party.

Required Virginia Rental Agreement Disclosures

Lead Paint: Landlords must disclose known presences of lead paint in the unit or common areas. The rental agreement must have a federally-approved attachment about lead poisoning prevention.

Mold: As part of the written report of the move-in inspection, the landlord must disclose whether there is any visible evidence of mold in areas readily accessible within the interior of the dwelling unit.

Production of Meth: If the landlord knows that rental unit was used to produce meth and the unit has not been cleaned, then the landlord must notify the tenant. If the landlord does not notify the tenant, the tenant may end the lease within 60 days of finding out that the unit was used to produce meth.

Military Air Installation: Landlords must notify the tenant if the rental property is near a military base and must state whether the property is located in a noise zone or accident potential zone, or both, as designated by the locality in its official zoning map.

If the landlord fails to notify tenant, the tenant may end the lease within the first month of occupancy.

Condominium Conversion Project: Landlords must disclose to tenants, in writing, whether the property will be converted to condos within six months.

Demolition: If the unit will be demolished or substantially rehabbed within the next six months, then the landlord must provide the tenant with written notice.

Sale of the Property: If the property has been sold, the landlord must provide the tenant with the name, phone number, and address of the purchaser.

Defective Drywall: If the landlord knows that the unit has defective drywall, he or she must notify the tenant. If the tenant is not notified, the tenant may end the lease within 60 days of discovery of defective drywall.

Defective drywall means drywall or similar building material composed of dried gypsum-based plaster that:

Contains elemental sulfur exceeding 10 parts per million and when exposed to heat, humidity, or both, releases elevated levels of hydrogen sulfide gas into the air
Has been designated by the U.S. Consumer Product Safety Commission as a product with a product defect that constitutes a substantial product hazard

Oft-Cited Virginia Landlord and Tenant Laws

Below you will find references to areas of the Virginia rules and regulations that govern rental properties and issues related to landlord-tenant law.

Virginia Residential Landlord and Tenant Act § 55-248.7.

The landlord must give the tenant a copy of lease within 30 days of tenant signing the lease.
The landlord cannot makes changes to the lease without notifying the tenant a receiving the tenant’s written approval.
If the lease contains a clause requiring the landlord to approve a sublessee, the landlord must respond to the tenant’s request within 10 days.

Virginia Residential Landlord and Tenant Act § 55-248.11:1

Within five days of the tenant moving out, the landlord must inspect the apartment for any damage caused by the tenant.
If the landlord finds damage to the apartment that he or she plans to charge against the former tenant’s deposit, then the landlord must send the former tenant a written statement of damages.

Virginia Residential Landlord and Tenant Act § 55-248.15:1

The security deposit cannot exceed the cost of two months of rent.
Landlords can use security deposits to cover unpaid rent, unpaid utilities, damage to the unit, and any other reason stated in the lease.
The landlord must return the former tenant’s security deposit within 45 days of the tenant moving out.

Resources for Virginia Landlord-Tenant Law

Below are links to additional helpful resources for understanding Virginia landlord-tenant.

Virginia Landlord-Tenant Act

Virginia Landlord-Tenant Handbook

Disclaimer

The post Virginia Landlord-Tenant Law appeared first on Avail.

Washington DC Landlord-Tenant Law

Reggie Lys — Wed, 08 Apr 2020 22:04:46 +0000

Get a printable renter application AND learn how to screen Washington DC tenants securely—free for landlords.

READ THE FULL GUIDE!

The Landlord-Tenant Environment in Washington D.C.

Washington D.C. is home to over 600,000 residents. Over one-third of residents in Washington D.C. rent their housing. As a result, Washington D.C. has enacted many laws pertaining to the renting of residential properties.

An understanding of residential rental regulations in D.C. is important to landlords and tenants. Both parties need to have a basic understanding of the laws regulating residential rentals to understand their rights and obligations when renting. This guide will provide both landlords and tenants an overview of Washington D.C.’s landlord-tenant law to help develop an understanding of laws in Washington D.C. regulating residential rentals.

Washington D.C. Rental License

Landlords in Washington D.C. must obtain a housing business license to rent out their residential property. In addition to a housing business license, landlords must obtain a certificate of occupancy and register the Rental Accommodation Division (RAD). Even if the landlord believes his or her property is exempt from the rent control laws in D.C., the landlord still must register with RAD. The landlord may claim an exception from the rent stabilization program after registering with the RAD. Landlords should follow these steps to start renting their residential property.

Security Deposit Laws in Washington D.C.

In Washington D.C., the security deposit cannot exceed the cost of one month’s rent. The landlord may only charge the tenant once for the security deposit. At the end of every calendar year, the owner must post where the tenants’ security deposits are held and the interest rate for the preceding six months.

Is a deposit receipt required in Washington D.C.?

The landlord must provide the tenant with a receipt of their security deposit. The receipt should state: (1) the amount received by the landlord, (2) the date the security deposit was paid, and (3) the purpose of the payment. The purpose of the receipt must include what the security deposit covers.

Can security deposits be commingled with other assets in Washington D.C.?

Landlords cannot commingle security deposits with any other funds. Security deposits must be deposited in an interest-bearing account in Washington D.C.

Do landlords have to pay interest on security deposits in Washington D.C.?

Landlords must pay interest on security deposits. The interest rate paid is the statement savings rate at the bank that the landlord placed the security deposit. The landlord must pay the accumulated interest to the tenant annually.

If the landlord deposits the security deposit in an account that earns a higher interest rate than the statement savings rate, the landlord may use up to 30% of the excess interest for administrative costs or other purposes.

When must a landlord return the deposit by in Washington D.C.?

The tenant must receive their security deposit within 45 days after moving out. If the tenant lived in the rental unit for more than one year, their security deposit must be returned with interest. The landlord must send the tenant a written statement detailing the landlord’s reasons for withholding the security deposit if the landlord plans to withhold part or all the security deposit. Within 30 days of sending the tenant notice that part of the deposit will be withheld, the landlord must send the tenant the remaining balance.

Which situations allow a landlord to withhold a security deposit in Washington D.C.?

Landlords cannot withhold deposits for routine maintenance or the repair of damage that was not caused by the tenant or the tenants’ guests. Otherwise, the landlord may withhold the deposit for any reason stated in the lease.

To determine whether any damage to the unit will be charged to the tenant, the landlord may inspect the apartment three days before or after the tenants move out date. However, the landlord may not conduct an inspection on Saturday or Sunday.

If the landlord plans to inspect the rental unit, he or she must notify the tenant, in writing, of the inspection. The notice must be sent to the tenant 10 days before the inspection date.

Rental Agreement Laws in Washington D.C.

Rental agreements do not have to be written, yet it is good practice for landlords to use written agreements. If the rental agreement is written, the landlord must provide the tenant with a copy of lease within seven days of signing the lease. Create you Washington D.C. specific lease today.

The lease should include the following:

- The name and address of the landlord or property manager

- A description of the rental unit

- The duration of the tenancy

The amount of rent owed at the beginning of every rental period.

Read more about important clauses that should be included in the rental agreement.

Prohibited Provisions

The rental agreement may not include any of the following provisions. If a lease contains any of the following provisions, the prohibited provision will not be enforced.

- Waiver of owner’s liability or limitation of liability for injuries to persons or property caused by the negligence of the owner in the operation or maintenance of the rental property

- Waiver of tenant’s right to a jury trial

- The tenant agrees to pay the owner’s court cost or legal fees

The tenant’s automatic assumption of liability for any suit that arises from leasing the rental property.

Rental Payment Laws in Washington D.C.

Streamline Rent Collection for Your Rental

Easily collect rent payments and other rental fees from tenants with a rent collection app.

Schedule rent payments in advance
Get next-day payments with Fastpay
Allow tenants to set up recurring payments
Track rental income and expenses in one place

Get Started

What are the rules and regulations pertaining to paying rent in Washington D.C.?

There are no rules and regulations regarding rent payment in Washington D.C.; the landlord may accept payment in any form he or she would like. The lease should state any preference the landlord has regarding payment.

Accept payments online with Avail.

What are the rules and regulations pertaining to receipt of rent payments in Washington D.C.?

The landlord must provide the tenant with a receipt for the payment of rent. The receipt must include, 1) the amount of rent paid, and any remaining balance, (2) the date the payment was made, (3) and the receipt must also state that the purpose of the payment was rent.

Rent Control in Washington D.C.

Washington D.C. has a rent control law that applies to most residential rental units in the city. Every rental property in Washington D.C. must be registered with Rental Accommodation Division (RAD) which is part of the Department of Housing and Community Development (DHCD) Housing Regulation Administration (HRA). Under the D.C.’s rental control statute, a landlord cannot increase the rent of their rental property above the allowable increase.

In order to increase rent, the landlord must do the following:

- Register his or her property with RAD

- The property must be in substantial compliance with housing regulations

- The last increase must have been at least 12 months ago

The owner must give the tenant a 30-day notice of the increase in rent

Automatic Rent Increase

Each year, rent may be automatically increased based on the increase in the Consumer Price Index (CPI-W). The increase may exceed CPI-W by two percent; however, the total increase in rent cannot exceed 10% of the previous rent amount.

If the tenants are elderly or disabled, the landlord may only increase the rent in line with the CPI-W; the rent increase cannot exceed the CPI-W by two percent. Additionally, the total increase in rent cannot exceed five percent of the previous rent amount.

Vacant Unit Rent Increase

If the unit is vacant, the landlord may increase the rent up to 10% more than that amount charged to the former tenant or the landlord may increase the rent to the rate of a comparable unit. A comparable unit is a unit with the same square footage and floor plan, comparable amenities, equipment, and location. The total increase cannot be greater than 30% and the landlord cannot increase rent again for another 12 months.

Other Allowable Rent Increases

A landlord may petition the Rental Accommodation Division (RAD) for other rent increases based on hardship, capital improvements, services, and facilities, or substantial rehabilitation. Also, if the landlord can get 70% of the tenants of the rental property to agree, he or she may petition for a voluntary rent increase.

Tenant Objections to Rent Increases

For any rent increase, a tenant who believes that a rent adjustment is incorrect may file a tenant petition with Rental Accommodation Division (RAD). If a tenant petition is filed with the RAD, the Office of Administrative Hearings will hold a hearing in which the tenant and landlord can present their arguments regarding the rent increase.

Rent Control Exceptions

Landlords that own four or less rental units are exempt from the rent control laws in Washington D.C. To qualify for this exception, the landlord cannot own units through a corporation or LLC. Also, landlords that are receiving local or federal rent subsidies or a mortgage subsidy are exempt from rent control.

Further, there are rent control exemptions based on when the property was erected. If the property was built after 1975 or was first rented in 1980, it is exempt from rent control. However, if a rent-controlled property was demolished to build a new property after 1975, that new property would still be a rent controlled property.

Finally, if the property has been continuously vacant since 1985, it is not subject to rent control. To claim an exemption from the rent control law, a landlord must file a claim of exemption form with the Rental Accommodation Division.

Occupancy Rules

Washington D.C. has specific rules for occupancy. The rental unit must have at least 130 square feet of habitable room space. Habitable rooms include any living rooms, dining rooms, bedrooms, and kitchens. Habitable space does not include the square footage of any bathrooms, closets, or laundry rooms in the rental unit. For every additional occupant, the rental unit must have an additional 90 square feet of habitable room space. For every additional occupant after the seventh, the rental unit must have an additional 75 square feet.

Bedroom Requirements

Every bedroom must be at least 70 square feet if occupied by one person. Any bedroom occupied by more than one person must have 50 square feet for each occupant.

For an example, a rental unit housing four people must have at least 400 square feet of habitable living space. Of that habitable living space at least 200 square feet must be devoted to the bedrooms, leaving 200 square feet for the living room and kitchen. Again, bathrooms, laundries, and closest are not habitable rooms, therefore their square footage is not included in the example above.

Late Fees and Grace Period Laws in Washington D.C.

Is there a legal requirement for late fees in Washington D.C.?

Late fees cannot exceed five percent of the monthly rent. The lease must state the maximum amount of late fees that may be charged in order for the landlord to charge the tenant a late fee.

Does Washington D.C. have a law regarding grace periods?

Landlords cannot charge late fees until 5 days after rent is due. After this grace period, the landlord may charge the tenant a late fee. However, the late fee may only be charged once within the rental period. If the tenant has not paid the late fee, the landlord may send the tenant an invoice. The tenant would then have 30 days to pay the invoice. If the tenant does not pay the invoice within 30 days, the landlord could deduct the amount owed from the tenant’s security deposit.

Washington D.C. Laws on Repairs: Tenant’s Right, Landlord’s Duty

What are the tenant’s rights regarding the landlord’s duty to repair in Washington D.C.?

There is an implied warranty in the lease that the landlord will keep the property in a safe and sanitary condition. The implied warranty also imposes a duty on the landlord to follow building codes that apply to his or her property.

Generally, the landlord is responsible for repairs, including damage from normal wear and tear. The tenant is responsible for repairs when the tenant or the tenant’s guest have caused the damage to the unit.

Housing Code Basics

- The walls and ceilings must be free of holes or large cracks. The paint on the wall or ceiling must not be peeling or cracking.

- The windows must be free of cracks or holes and have screens from March 15 – November 15.

- Tenants must be able to lock the exterior door of their rental unit.

- The rental unit must have running hot and cold water.

- Bathrooms must be private and ventilated. The tenant must be able to get to the bathroom without going through a bedroom.

- Each habitable room must have two electrical outlets.

All rooms must have natural or artificial lighting.

What are the remedies available to the tenant if the landlord fails to remedy or correct the tenant’s complaint or action to repair in Washington D.C.?

The tenant’s remedy is to request an inspection of the premises by Housing Inspection Section of the D.C. Department of Consumer and Regulatory Affairs. However, the tenant must first request that the landlord make the necessary repairs.

The request for repairs should be in writing and sent to the landlord through certified mail. If the landlord does not respond to the tenant’s request for repairs then the tenant can move forward with the inspection request.

After the inspector completes the inspection, any damage must be repaired by the landlord. If the landlord does not make the required repairs, the tenant may petition the Rental Accommodations and Conversion Division (RACD) or the Office of the Tenant Advocate. The tenant may also sue the landlord in Small Claims Court; claims in Small Claims Court must be under $5000.00.

If the rental unit is unsafe or unsanitary when the tenant moves in, and the landlord knows the condition of the rental unit, the tenant may void the lease, without any consequences.

Notice of Entry Laws in Washington D.C.

A written notice must be provided to tenants at least 48 hours prior to the time the landlord wishes to enter the unit or a shorter period of time that the tenant has agreed to in writing. If the tenant is unable to supply a written acknowledgement of entry, the landlord will present the written notice. Landlords should only seek to enter the unit during normal business hours (i.e. 9 AM to 5 PM, excluding Sundays and federal holidays) or at a time they have agreed upon with the tenant.

Washington D.C. Laws On Eviction

Before evicting a tenant, the landlord must serve the tenant a pay or quit notice. The pay or quit notice must state the wrong committed by the tenant and provide a period in which the tenant can repair the defect. If the tenant does not repair the defect that prompted the eviction, then the landlord may file an eviction in court. The landlord may evict the tenant only for the following reasons:

- Nonpayment of rent

- Violation of the lease, of which the tenant failed to correct after notice

- Performance of an illegal act within the rental unit by the tenant

- The landlord, in good faith, seeks to occupy the rental unit for personal use and occupancy

- The landlord sells rental unit to a party who seeks in good faith to occupy the rental unit for personal use and occupancy

- The landlord seeks to renovate or rehabilitate the rental unit in a manner which renders it uninhabitable

- The landlord seeks to demolish rental unit

- The landlord seeks to discontinue rental unit for housing and occupancy

The landlord seeks to convert rental unit to a condominium or cooperative after securing governmental approval

Washington D.C. Laws on Retaliation

Landlords cannot retaliate against tenants for asserting any rights conferred upon tenants under Washington D.C.’s housing regulations or any other law. Some examples of retaliatory conduct include:

- Unlawful evictions

- Unlawfully increase of rent

- Decrease services or a reduction in the quality of services

- An increase in the obligations of a tenant

- Violation of the privacy of the tenant

- Harassment of the tenant

- Any refusal to honor a lease or rental agreement or any provision of a lease or rental agreement

- Any refusal to renew a lease or rental agreement

Termination of a tenancy without cause

What is the timeline for retaliation in Washington D.C.?

If the landlord pursues any of the actions above within six months after the tenant has sought enforcement of his or her rights under the Washington D.C landlord-tenant law, then the court presumes that the landlord’s actions are retaliatory.

Washington D.C. Laws On Domestic Violence

Victims of domestic violence may request the landlord change the locks on their apartment. The landlord must change the lock within five days of receiving the request from the tenant. If the perpetrator of the domestic violence is not a tenant of the same rental unit, the victim does not need to show the landlord any proof of abuse. However, if the perpetrator of the domestic violence lives in the same unit as the tenant, then the tenant must show the landlord the restraining order the requires the perpetrator to stay away from the property.

Washington D.C. Laws on Changing the Locks and Security Devices

Landlords in Washington D.C. do not have to change the locks after a tenant moves out. According to our survey of landlords in Washington D.C., most landlords do not change their locks after a tenant moves out, and will only do so if the tenant requests a lock change.

Do you change the locks every time you have a new tenant?

Washington D.C. Pet Laws

Landlords in D.C. are not required to accept pets on their property. However, under federal law, landlords must accommodate any tenant that requires the assistance of any service or support animals.

Sublease and Assignment Provisions in Washington D.C.

Unless the rental agreement states otherwise, the tenant may sublease the apartment. Therefore, if the landlord wants to restrict subletting, the landlord should state any restrictions on subletting in the lease. Learn more about subletting and tenants use of AirBnB. Below is an example of subleasing clause that restricts the tenant’s ability to sublease the apartment without the landlord’s permission.

ASSIGNMENT OR SUBLET: The Lessee expressly agrees that he or she shall not assign or sublet the leased premises nor any portion of the leased premises without the prior consent of the Lessor. The Lessee shall provide the Lessor with 60 days notice of intent to sublet, and will be responsible for finding a suitable subletter. The Lessee agrees that he or she shall be responsible for the continuing payment of rent in the event the subletter fails to make payment.

Abandonment of Property Provisions in Washington D.C.

Washington D.C. landlord-tenant law does not provide any provisions for the tenant’s abandoned property. Therefore, the lease should explain to the tenant how the landlord will handle abandoned property. In the event that a tenant abandons their property, the landlord should follow the procedure he or she has detailed in the lease. Below is an example of a clause that addresses how the landlord will address the abandonment of property in the rental unit.

PERSONAL PROPERTY OF LESSEE: Once the Lessee vacates the premises, the Lessor shall store all personal property left in the unit for 7 days. The Lessee shall be responsible for any cost associated with the storage to the Lessee’s property. If within that time period, the Lessee does not claim their property, Lessor may dispose of Lessee’s property in any manner the Lessor chooses.

Required Washington D.C. Rental Agreement Disclosures

At the time a prospective tenant applies for a rental unit, the landlord must provide the tenant with the following disclosures:

Mold: The landlord must provide the tenant with information about the presence of indoor mold contamination in the rental unit or common areas of the building in the previous three years unless the mold has been remedied by an indoor mold remediation professional, certified and licensed by the District.

Condominium Conversion: The landlord must tell the prospective tenant whether the unit is registered as, or in the process of converting to, a condominium or cooperative or a use that is not housing.

Rent Control: The tenant must be given a pamphlet published by the Rent Administrator that explains, in detail, using lay terminology, the laws and regulations governing the implementation of rent increases and petitions permitted to be filed by housing providers and by tenants.

Rent Control Status: The landlord must tell the tenant whether the tenant is exempt from rent control.

Rent Ceiling Adjustment: Before accepting any non-refundable application fee or security deposit the owner must notify the prospective tenant of any pending request for an adjustment on the rent ceiling. The notice must include the (1) current rent ceiling, (2) the new rent ceiling requested, (3) the filing date and petition number, and (4) the nature of any repairs or rehabilitation planned in the dwelling unit as part of the petition.

Tenant Bill of Rights: The tenant must be given a copy of the Tenants Bill of Rights published by the Office of the Tenant Advocate.

Fees, Deposits, and Rent: The landlord must tell the tenant the rent, application fees, and security deposit applicable to the rental unit.

Oft-Cited Washington D.C. Landlord and Tenant Laws

Below you will find references to areas of the Washington D.C. rules and regulations that govern rental properties and issues related to landlord-tenant law.

Code of the District of Columbia § 42–3502.05.

- All residential rental units must be registered with the DC Department of Consumer and Regulatory Affairs, the DC Department of Housing and Community Development, and the Rental Accommodations Division (RAD)

If the property is exempt from rent controls laws, then the landlord must file an exemption form with RAD

Code of the District of Columbia § 42–3502.06.

- Landlords may raise rent without a petition to Rental Accommodations Division (RAD) as long as it is no greater than two percent above the Consumer price index.

- However, increases in rent cannot exceed 10% of the previous year’s rent without a petition to RAD.

Tenant may challenge a rent increase by writing a petition to RAD

District of Columbia Municipal Regulations §§ 308-311

- Security deposits cannot exceed one month’s rent

- Security deposits must be held in an interest-bearing account that is not commingled with assets of the landlord

- Security deposits must be returned to tenant within 45 days of the tenant moving out

The landlord must tell the tenant where the security deposit is being held and the prevailing interest rate on the account for the last six months

Helpful Washington D.C. Landlord-Tenant Law Resources

The Office of Tenant Advocate

LawHelp.org Washington DC Landlord Rights and Responsibilities

Washington D.C. Tenant Bill of Rights

Washington D.C. Tenant Survival Guide

Landlord Tenant Resource Center

Washington D.C. Housing Authority

Washington D.C. Dept. of Housing and Community Development: Rent Registration Process

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 for any decision or course of action contemplated.

The post Washington DC Landlord-Tenant Law appeared first on Avail.

New Hampshire Landlord-Tenant Law

Reggie Lys — Thu, 10 May 2018 15:08:20 +0000

*All rental agreements longer than 1 year must be written.

**You can commingle security deposits if you acquire a New Hampshire bond equal to the value of security deposits you’re holding.

Get a printable renter application AND learn how to screen New Hampshire tenants securely—free for landlords.

READ THE FULL GUIDE!

The Landlord-Tenant Environment in New Hampshire

New Hampshire law separates residential rentals into 2 categories, restricted and non-restricted properties. Non-restricted properties are:

Single-family houses, if the owner does not own more than 3 single-family houses

Rental units in an owner-occupied building containing a total of 4 dwelling units or fewer

Single-family houses acquired by banks or other mortgagees through foreclosure

Restricted properties are all other properties rented for residential reasons. There are a few different requirements for restricted and non-restricted properties. There also different legal requirements for vacation properties and shared facilities.

This guide focuses on New Hampshire’s residential landlord-tenant law for restricted and non-restricted properties. If you are renting a vacation property or shared facility be sure to check the laws governing those types of properties to be sure you are fully compliant.

Security Deposit Laws in New Hampshire

Are there any limits on the amount of deposit a landlord can collect from a tenant?

Security deposits in New Hampshire cannot exceed the cost of one month’s rent.

Is a deposit receipt required in New Hampshire?

Yes, landlords must give tenants receipts for security deposits if the tenant did not pay the security deposit with a check or money order.

When must a landlord return the deposit by in New Hampshire?

A landlord must return a tenant’s security deposit within 30 days of the tenant moving out of the rental unit. If the landlord is withholding any part of the security deposit, the landlord must send the tenant a statement itemizing all deductions from the security deposit.

Which situations allow a landlord to withhold a security deposit in New Hampshire?

Landlords may withhold security deposits for the following:

Unpaid rent

Unpaid utility charges

Damage to the rental unit beyond normal wear and tear

Do landlords have to pay interest on security deposits in New Hampshire?

Yes, landlords must pay interest on security deposits. If the landlord is holding multiple security deposits in 1 account, the landlord must pay the tenants the interest earned on the amount split equally amongst all the security deposits held in the account. If the security deposits are held separately, then the landlord must pay the tenant the same interest rate earned on a savings account held in New Hampshire.

Can security deposits be commingled with other assets in New Hampshire?

The only way a landlord may commingle security deposits with his or her funds is if the landlord gets a bond from a New Hampshire company equal to the total amount held in security deposits. The bond must be posted with the clerk of the city or town where the rental unit is located. Otherwise, the landlord cannot commingle the deposit with their own funds.

Rental Agreement Laws in New Hampshire

Are written leases required in New Hampshire?

All rental agreements longer than 1 year must be written. However, regardless of the length of the rental agreement, we highly recommend you use a written lease.

Customize our online New Hampshire rental lease agreement with Avail. Our rental leases include all the necessary notices and disclosures based on your property’s address.

What are the general lease provisions in New Hampshire?

Rental agreements generally include the following terms and clauses:

Cost of rent

Length of the agreement

Subleasing

The cost of late charges and when they will be charged

Who will be responsible for maintenance

Who will be responsible for paying utility charges

What terms are prohibited from being in the rental agreement?

The lease cannot have any terms that reduce a tenant’s rights under N.H. Rev. Stat. Ann. § 540:1.

Rental Payment Laws in New Hampshire

Landlords may require rent payments in any form they would like. Use Avail to accept online rent payments from your tenants.

Do landlords have to provide tenants receipts for rent payments?

No, landlords don’t have to provide tenants receipts for rent payments. However, it’s best practice to do so.

Late Fees and Grace Period Laws in New Hampshire

Is there a legal requirement for late fees in New Hampshire?

There is no legal requirement for late fees.

Does New Hampshire have a law regarding grace periods?

There is no legal requirement for grace periods.

Tenant’s Rights and Landlord’s Duties

Landlords must be sure that any the of the following conditions do not exist on their property. If any of the following conditions exist on the property, the landlord must be sure to remedy them.

Infestation by pests

Defective plumbing

A faulty septic sewage system

Unsafe wiring or exposed wiring

Leaky walls or roof

Plaster is falling from walls and ceilings

Unsafe holes in the floors, walls or ceilings

Unsound porches, stairs or railings

Trash and garbage in the common areas

Lack of running water or the hot water

Leaks in the gas lines or pilot lights are faulty;

The inability of the heating system to safely keep the temperature in the unit around 65 degrees

Do landlords have to change the locks of a unit after a tenant moves out?

No, there are no laws requiring landlords to change the locks of a unit.

What remedies are available to tenants if the landlord fails to make required repairs?

The tenant should report the landlord to their local public agency responsible for enforcing building or housing codes. Tenants can report defects to the New Hampshire Division of Public Health if their town does not have a public agency responsible for building or housing codes.

Notice of Entry Laws in New Hampshire

The landlord may enter the tenant’s unit to show the unit, make necessary repairs, and showing the unit to potential tenants or buyers.

How much notice must the landlord provide the tenant before entering the unit?

Landlords do not have to provide tenants notice of their intent to enter the unit. However, it is good practice for landlords to do so. It’s best practice to give tenants at least 24-hours notice of entry.

New Hampshire Eviction Laws

Landlords of non-restricted properties can evict a tenant for any reason by giving the tenant proper notice to vacate the premises. However, landlords of restricted properties my evict tenants only for the following reasons:

Failure to pay rent

Substantial damage to the premises by the tenant, members of his household, or guests

Violating a material term of the lease

Behavior that adversely affects the health or safety of others on the rental property

Failure of the tenant to accept suitable temporary relocation due to repairs for lead-based paint hazards

The landlord is removing the dwelling unit from the residential rental market

Failure to prepare the unit for pest control after receiving reasonable written notice of the preparations required

Is the landlord required to give certain notice if they wish to evict a tenant?

Yes, the landlord must give the tenant 7 days’ written notice of his or her intent to evict the tenant if the landlord is evicting the tenant for the following reasons:

Failure to pay rent

Substantial damage to the premises by the tenant, members of his household, or guests

Behavior of the tenant adversely affects the health or safety of others on the rental property

If the landlord is evicting the tenant for failing to pay rent, the notice must state that the tenant may avoid eviction by paying all the rent and late charges owed.

For any other reason, the landlord must provide the tenant 30 days’ written notice of his or her intent to evict the tenant. The notice must state the reason for eviction.

New Hampshire Pet Laws

New Hampshire does not have any laws regarding pet and residential properties. However federal law requires landlords try to accommodate tenants that require the assistance of service animals.

Rental Licenses

In New Hampshire, do landlords need a rental license?

No, landlords do not need a rental license to rent their property.

Sublease and Assignment Provisions in New Hampshire

Unless the lease states otherwise, tenants may sublease the unit. Landlords that wish to control the subleasing on their property should make sure their leases have a subletting clause.

Required New Hampshire Rental Agreement Disclosures

Lead Paint: Landlords who rent units built before 1978 must disclose all known lead-based paint and lead-based paint hazards in the unit, include a warning in the lease, and give renters a copy of the EPA’s pamphlet: Protect Your Family from Lead in Your Home.

Helpful New Hampshire Landlord-Tenant Law Resources

New Hampshire Attorney General

New Hampshire LegalAid

New Hampshire Public Law

New Hampshire Landlord-Tenant Law

New Hampshire Judicial Branch

New Hampshire Landlord-Tenant Forms

New Department of Public Health

Disclaimer

The post New Hampshire Landlord-Tenant Law appeared first on Avail.

Arkansas Landlord-Tenant Law

Reggie Lys — Thu, 10 May 2018 15:07:24 +0000

*All rental agreements longer than 1 year must be written.

**There are re-keying laws for victims of domestic violence.

Get a printable renter application AND learn how to screen Arkansas tenants securely—free for landlords.

READ THE FULL GUIDE!

The Landlord-Tenant Environment in Arkansas

Arkansas landlord-tenant laws do not put a lot of restrictions on landlords or tenants. Importantly, tenants should understand that in Arkansas the tenant takes the rental property as is unless the lease states otherwise. This means that the landlord does not have a duty to repair the rental unit. Landlords and tenants should be clear about what they expect from each other during the tenancy and they should make sure to put their expectations in the lease.

Security Deposit Laws in Arkansas

Security deposits cannot exceed the cost of two month’s rent.

Is a deposit receipt required in Arkansas?

No, however, we recommend landlords provide tenants with receipts for security deposits for record-keeping.

When must a landlord return the deposit by in Arkansas?

A landlord must return the deposit within 60 days of the tenant moving out.

Which situations allow a landlord to withhold a security deposit in Arkansas?

Landlords may withhold security deposits for the following:

- Unpaid rent

- Unpaid utility charges

- Damage to the rental unit

Any other damages caused by the tenant’s noncompliance with the lease

Do landlords have to pay interest on security deposits in Arkansas?

No, landlords do not have to pay interest on security deposits.

Can security deposits be commingled with other assets in Arkansas?

Landlords may commingle security deposits with their other funds.

Rental Agreement Laws in Arkansas

Are written leases required in Arkansas?

All rental agreements longer than 1 year must be written. However, regardless of the length of the rental agreement we highly recommend you use a written lease. It is the best way to confirm agreement between the landlord and tenant.

Create an online Arkansas rental lease with Avail. Our rental agreement includes all the necessary notices and disclosures based on your property’s address.

What are the general lease provisions in Arkansas?

Rental agreements generally include the following terms and clauses:

- Cost of rent

- Length of the agreement

- Subleasing

- The cost of late charges and when they will be charged

- Who will be responsible for maintenance

Who will be responsible for paying utility charges

What are the notice requirements ending a rental agreement?

Fixed-term leases do not require a notice of termination — the lease will when its stated in the lease. Month-to-Month rentals require 30 days’ notice by the tenants or landlords to end the lease. For week-to-week rentals, the landlord or tenant needs to provide the other party with 7 days’ notice.

Rental Payment Laws in Arkansas

Unless the rental agreement states otherwise, rent is payable monthly at the beginning of the month.

Do landlords have to provide tenants receipts for rent payments?

No. Landlords do not have to provide tenants receipts for rent payments. However, it is good practice to do so.

Late Fees and Grace Period Laws in Arkansas

Is there a legal requirement for late fees in Arkansas?

There is no legal requirement for late fees.

Does Arkansas have a law regarding grace periods?

There is no legal requirement for grace periods.

Tenant’s Rights and Landlord’s Duties

Landlords do not have any statutory duty to repair any defects of the rental unit. The tenant rents the unit as is unless the contract states otherwise. However, if city or town has housing or building regulations regarding health or safety, then landlords must comply with those regulations. Landlords should be sure to check local housing and building regulations to be sure they are compliant.

What remedies are available to tenants if the landlord fails to make required repairs?

Unless the lease states otherwise the landlord has no duty to many any repair to the rental unit. If the rental unit is in violation of local building or housing codes, the tenant may call the local agency responsible for enforcing the code to inspect the unit.

Notice of Entry Laws in Arkansas

The landlord may enter the unit to:

- Inspect the unit

- Make necessary or agreed upon repairs

- Supply necessary or agreed upon repairs

Show the unit to potential buyers or tenants

How much notice must the landlord provide the tenant before entering the unit?

Landlords do not have to provide tenants with notice of entry; however, it is best practice for landlords to provide at least 24-hour notice.

Arkansas Eviction Laws

Landlords may make evict a tenant for the following reasons:

- Failure to pay rent

- Noncompliance regulations or laws that materially affect health and safety

Any other substantial noncompliance with the lease

Is the landlord required to give certain notice if they wish to evict a tenant?

To evict a tenant for the failure to pay rent, the landlord must give the tenant a 5-day notice requiring payment of rent. If the tenant does not pay in 5 days, the landlord may move forward with the eviction.

For any other type of eviction, the landlord needs to provide the tenant 14-days notice of the eviction.

Rights of Domestic Violence Victims

Landlords cannot end a lease or refuse to renew a lease because the tenant was a victim of domestic violence. Also, landlords cannot refuse to rent to a potential tenant because the potential tenant was a victim of domestic violence.

If a tenant is a victim of domestic violence, they can have the locks changed at their own expense. The tenant must provide the landlord with a copy of the restraining order. Either the landlord or tenant may change the locks. Whoever changes the locks must provide the other party with a copy of the new keys as soon as possible.

Arkansas Pet Laws

Arkansas does not have any laws regarding pet and residential properties. However, federal law requires landlords try to accommodate tenants that require the assistance of service animals.

Rental Licenses

In Arkansas do landlords need a rental license?

No, landlords do not need a rental license to rent their property.

Sublease and Assignment Provisions in Arkansas

Unless the lease states otherwise, tenants may sublease the unit. Landlords that wish to control the subleasing on their property should make sure their leases have a subletting clause.

Required Arkansas Rental Agreement Disclosures

Helpful Arkansas Landlord-Tenant Law Resources

Arkansas Realtors Association

Arkansas Attorney General

Arkansas Landlord-Tenant Statute

Arkansas Legal Services

Arkansas Bar Association

Arkansas Development Finance Authority

HUD: Arkansas Affordable Apartment Search

Disclaimer

The post Arkansas Landlord-Tenant Law appeared first on Avail.

Kentucky Landlord-Tenant Law

Reggie Lys — Thu, 10 May 2018 15:06:47 +0000

*All rental agreements longer than a year must be written.

**There are re-keying laws for victims of domestic violence.

Get a printable renter application AND learn how to screen Kentucky tenants securely—free for landlords.

READ THE FULL GUIDE!

The Landlord-Tenant Environment in Kentucky

Also known as the “Bluegrass State,” Kentucky is home to roughly 4.5 million people. About 27% of the housing in Kentucky are rental properties. Renting can be a daunting experience for landlords and tenants alike. Much of this difficulty comes from lack of knowledge of the laws governing residential leasing. This guide provides an overview of Kentucky’s residential landlord-tenant law to help landlords and tenants understand their rights and responsibilities under the law.

Security Deposit Laws in Kentucky

There is not a state law that restricts the amount of security deposit a landlord may collect. County laws may differ; therefore, landlords should make sure they are compliant with local ordinances.

Is a deposit receipt required in Kentucky?

No. However, it is good practice to provide tenants with receipts for security deposits.

When must a landlord return the deposit by in Kentucky?

If a tenant does not owe any amount to the landlord when he or she moves out, the landlord must notify the tenant of their last known address. If the landlord does not receive a response within 60 days, the landlord may keep the deposit for him or herself.

Which situations allow a landlord to withhold a security deposit in Kentucky?

Landlords may withhold security deposits for the following

- Unpaid rent

- Unpaid utility charges

Damage to the rental unit

Do landlords have to pay interest on security deposits in Kentucky?

No. Landlords do not have to pay interest on security deposits.

Can security deposits be commingled with other assets in Kentucky?

Landlords cannot commingle security deposits with their other funds. Landlords must deposit security deposits in separate accounts held solely for security deposit.

Rental Agreement Laws in Kentucky

Are written leases required in Kentucky?

Rental agreements are required when the lease is over 12 months. For any tenancy shorter than 12 months you do not need a rental agreement, however, we highly recommend you use a written lease regardless of the length of tenancy.

Get started now by creating an online Kentucky rental lease agreement with Avail. Our attorney-approved rental agreement includes all the necessary notices and disclosures based on your property’s address.

What are the general lease provisions in Kentucky?

Rental agreements may include:

- Cost of rent

- Length of the agreement

- Subleasing

- Late charges

Any other clause not restricted by law

What terms are prohibited from being in the rental agreement?

The rental agreement may NOT include any clause that does the following:

- Waives any rights or remedies the tenant has under Kentucky’s landlord-tenant statute

- Allows any person to confess judgment on a claim arising out of the rental agreement

- Allows a landlord to end the rental agreement or impose a penalty for a tenant’s request for assistance from peace officers or other emergency responses

- Tenant agrees to pay the landlord’s attorney’s fees

- Agrees to limit the landlord’s liability arising under the law

Agrees to indemnify the landlord for the landlords’ liability arising under law or the cost connected with the landlord’s liability

What are the rental agreement notice requirements Kentucky?

In counties that have not enacted Kentucky’s Uniform Residential Landlord and Tenant Act, landlords must provide 30-days’ notice to a tenant to terminate a lease.

Under Kentucky’s Uniform Residential Landlord and Tenant Law, month-to-month leases must be terminated with a 30-day written notice of termination. For a week-to-week lease, the written notice must be given 7 days before the intended termination date.

For fixed term leases, landlords do not have to provide written notice. The agreement ends on the date stated in the lease. However, if a month-to-month tenancy begins after the end of a fixed-term lease, the landlord or tenant may end the lease with a 10-day written notice.

Rental Payment Laws in Kentucky

Unless the rental agreement states otherwise, rent is payable monthly at the beginning of the month.

Do landlords have to provide tenants receipts for rent payments?

No. Landlords do not have to provide tenants receipts for rent payments. However, it is good practice to do so.

Late Fees and Grace Period Laws in Kentucky

Is there a legal requirement for late fees in Kentucky?

There is no legal requirement for late fees.

Does Kentucky have a law regarding grace periods?

There is no legal requirement for grace periods. Landlords can charge a late fee as soon as rent is late.

Tenant’s Rights and Landlord’s Duties

Landlords have the following maintenance obligations to the tenant and the rental unit:

- Comply with all applicable building and housing codes materially affecting health and safety

- Make all repairs and do whatever necessary to keep the premises in a habitable condition

- Keep all electrical, plumbing, sanitary, heating, ventilation facilities supplied or required to be supplied by the landlord

Supply running water and reasonable amounts of hot water always and reasonable heat between October 1 and May 1

What remedies are available to tenants if the landlord fails to make required repairs?

If a landlord fails to make required repairs, then the tenant may make the required repairs and deduct the cost from next month’s rent. However, the cost of repairs cannot be greater than half the cost of monthly rent. If the tenant makes repairs, he or she must give the landlord an itemized receipt of the cost of repairs.

What is the required notice a tenant must provide to the landlord regarding landlord’s duty to repair in Kentucky?

Tenants must give the landlord 14 days’ notice of his or her intent to make the required repairs. If the landlord doesn’t make the required repairs in 14 days, the tenant may move forward with repairs.

Notice of Entry Laws in Kentucky

The landlord may enter the tenant’s unit for the following reasons:

- Inspect the unit

- Make necessary or agreed upon repairs

- Supply necessary or agreed upon repairs

Exhibit the unit to potential buyers or tenants

How much notice must the landlord provide the tenant before entering the unit?

Landlords must give the tenant 48-hour’ notice of their intent to enter the unit.

When may a landlord enter the tenant’s unit without prior notice?

In the case of emergency, the landlord may enter the unit without 48-hours’ notice.

Kentucky Eviction Laws

Landlords may make evict a tenant for the following reasons:

- Failure to pay rent

- Damaging the property

Noncompliance with the lease

Is the landlord required to give certain notice if they wish to evict a tenant?

If the tenant fails to pay rent, the landlord must give the tenant 7 days’ written notice of nonpayment. If the tenant does not pay rent within 7 days, the landlord may proceed with the eviction of the tenant.

If the tenant materially breaches the lease and the landlord seeks to evict the tenant for the breach, the landlord must give the tenant 14 days’ written notice of their intention to end the rental agreement if the breach is not repaired. If the breach is not repaired in 15 days, then the landlord may move forward with the eviction.

Rights of Domestic Violence Victims

Victims of domestic violence may install different locks or terminate their lease. The tenant must inform the landlord that he or she will install a new lock. When the tenant changes the lock, he or she must give the landlord a copy of the new key.

If the tenant seeks to terminate the lease, the tenant must notify the landlord 30 days before the intended termination date. The notice must include a copy of the valid protective order.

Kentucky Pet Laws

Are there any pet laws in Kentucky?

No, but federal law requires landlords try to accommodate tenants that need the assistance of service animals.

Sublease and Assignment Provisions in Kentucky

Unless the lease states otherwise, tenants may sublease the unit. Landlords that wish to control the subleasing on their property should make sure their leases have a subletting clause.

Rental Licenses

In Kentucky do landlords need a rental license?

No, landlords do not need a rental license to rent their property.

Required Kentucky Rental Agreement Disclosures

Helpful Kentucky Landlord-Tenant Law Resources

Kentucky Attorney General Guide to Rental Housing

Kentucky Court of Justice – Legal Forms

Kentucky Bar Association – Lawyer Referral Services

Kentucky Bar Association – Legal Aid Programs

Legal Aid Network of Kentucky – Eviction Topic Page

University of Kentucky – Tenant Rights

Disclaimer

The post Kentucky Landlord-Tenant Law appeared first on Avail.

Utah Landlord-Tenant Law

Reggie Lys — Thu, 10 May 2018 15:05:46 +0000

*Rental agreements longer than 12 months must be written

**Victims of domestic violence, stalking, and burglary may request lock changes

Get a printable renter application AND learn how to screen Utah tenants securely—free for landlords.

READ THE FULL GUIDE!

The Landlord-Tenant Environment in Utah

Utah, also known as the Beehive state, is home to just over 3 million people. A high concentration of the population lives in the Salt Lake City area. Utah has one of the highest employment growth rates in the nation at 3.1%, and its anticipated sizeable new public and private constructions projects will lead to greater economic growth in 2018 which could lead more migration to Utah in 2018.

Greater migration to Utah may lead to an increased need for rental housing, particularly in growing rental markets in Salt Lake City. Entering the rental market either as a landlord or a tenant can be a complicated process if you don’t understand the landlord-tenant law of the state. This article provides an overview of Utah’s residential landlord-tenant law to help landlords and tenants better understand their rights and responsibilities.

Security Deposits

There are no limits to the amount of security deposit that the landlord may collect. If the landlord wishes for a portion of the security deposit to be non-refundable, it must state that in the lease.

Is a deposit receipt required in Utah?

Landlords do not need to provide a receipt for security deposits. However, it is good practice for landlords to do so.

When must a landlord return the deposit by in Utah?

A landlord must return the deposit within 30 days of the tenant moving out. If the landlord withholds all or part of the deposit, he or she must give the tenant a breakdown of the charges against the deposit.

Which situations allow a landlord to withhold a security deposit in Utah?

Landlords may withhold a security deposit for the following reasons:

Failure to pay rent, or other cost and fees required by the lease
Damage beyond reasonable wear and tear
Cleaning the unit

Do landlords have to pay interest on security deposits in Utah?

No, landlords do not have to pay interest on security deposits.

Can landlords commingle security deposits with other assets in Utah?

Yes, landlords can hold the security deposit with their other funds.

Rental Agreements

Are written leases required in Utah?

Any rental agreement longer than 12 months must be written. Oral rental agreements are valid if they are shorter than 12 months. However, we recommend the use of a written lease regardless. Written leases are the best way to confirm the agreement between the tenant and landlord.

Create an online Utah rental lease agreement with Avail. Our rental agreement includes all the necessary notices and disclosures for Utah. Landlords can remain compliant without the headache and cost of hiring a lawyer!

What are the general lease provisions in Utah?

Leases generally include clauses that address the following subjects:

The cost of rent
Where and when rent must be paid
Who will pay utility charges
Who will be responsible for maintenance
Late charges

Late Fees and Grace Periods

Is there a legal requirement for late fees in Utah?

A landlord cannot charge a late fee that is more than 10% of the agreed upon rent amount or greater than $75.

Does Utah have a law regarding grace periods?

There are no law grace period laws in Utah. In other words, landlords can charge a late fee as soon as rent is late.

Tenant’s Rights and Landlord’s Duties

The landlord must keep the rental unit in a condition fit for human habitation. All rental units must have electrical systems, heating, plumbing, and hot and cold water. Read more about obligations for landlords in Utah.

What remedies are available to tenants if the landlord fails to make required repairs?

A tenant may terminate the lease or repair the defect if the landlord does not make the required repairs.

What is the required notice a tenant must provide to the landlord regarding the landlord’s duty to repair in Utah?

If a maintenance issue makes the unit inhabitable, the tenant must give the landlord a 3-day notice of repair. The notice must state either that the tenant will end the lease in 3 days if repairs don’t begin within 3 days, or that the tenant will get the defect repaired at his or her own cost.

If the tenant decides to repair the defect, he or she may deduct the cost of repairs from the next month’s rent. However, the cost to repair the defect cannot exceed the cost of two months of rent. The tenant must give the landlord a copy of the receipts for repairs.

If the defect is a breach of the lease, the tenant must give the landlord 10 days’ notice. Just like the 3-day notice, the notice must state either that the lease will end or that the tenant will make the repairs him or herself.

Notice of Entry

For what reasons may the landlord enter the tenant’s unit?

The landlord may enter to:

Inspect the unit
Make agreed upon repairs
Exhibit the unit to prospective buyers or tenants

How much notice must the landlord provide the tenant before entering the unit?

The landlord must give the tenant 24-hours’ notice before entering the unit.

When may a landlord enter the tenant’s unit without prior notice?

A landlord may enter the tenant’s unit without prior notice in the case of an emergency.

Eviction Laws

A landlord may evict a tenant for the following reasons:

Failure to pay rent
Intentional damage to the unit beyond normal wear and tear
Failure to pay utilities

Is the landlord required to give certain notice if they wish to evict a tenant?

Type of Eviction	Required Amount of Notice
Eviction of a tenant from a month-to-month tenancy	15 days
Eviction of a holdover tenant or eviction of a tenant after the purchase of the property that terminates all rental agreements	5 days
All other eviction situations	3 days

Rights of Domestic Violence Victims

A tenant that is a victim of domestic violence may request that the landlord change the locks to the rental unit or end their rental agreement early. A tenant must give his or her landlord a written request for the change of locks. The written request must include either a restraining order resulting from a domestic violence hearing or a police report documenting an act of domestic violence. The tenant must pay for the cost of changing the lock.

Like the request to change locks, a notice of termination must be written and include either a restraining order resulting from a domestic violence hearing or a police report documenting an act of domestic violence. The notice must also include the date that the tenant intends to move out. When the tenant provides the landlord with the notice of termination, he or she must pay the landlord the equivalent of 45 days of rent.

Pet Laws

Are there any pet laws in Utah?

No, there are no laws in Utah for pets. However, federal law requires landlords try to accommodate tenants that need the assistance of service animals.

Rental Licenses

In Utah do landlords need a rental license?

Landlords in Utah do not need a rental license to rent out their property.

Sublease and Assignment Provisions in Utah

The tenant may sublease the unit unless the lease states otherwise. If a landlord wants to control the subleasing of the rental unit, the lease should make sure the lease contains a clause addressing subleasing.

Required Utah Rental Agreement Disclosures

Methamphetamine Disclosure: If a landlord knows that their property is contaminated because of the use, storage, or manufacture of methamphetamines, he or she must tell the tenant and a government agency responsible for monitoring the decontamination process.

Helpful Utah Landlord-Tenant Law Resources

Utah Courts – Residential Eviction Process

Utah Courts – Eviction Flow Chart

Utah Courts – Abandoned Premises

Utah Housing Coalition: Renter Toolkit

Utah Anti-Discrimination and Labor Division

Utah State Bar

Utah Legal Services

Utah State Courts – Online Court Assistance Program

Utah Code: Title 57 – Real Estate

Disclaimer

The post Utah Landlord-Tenant Law appeared first on Avail.

Alabama Landlord-Tenant Law

Reggie Lys — Thu, 10 May 2018 15:03:31 +0000

*Leases longer than 12 months must be written.

Get a printable renter application AND learn how to screen Alabama tenants securely—free for landlords.

READ THE FULL GUIDE!

The Landlord-Tenant Environment in Alabama

The Alabama legislature passed their landlord-tenant law within the last 10 years. This article is an overview of Alabama’s landlord-tenant law to help landlords and tenants understand their right and responsibilities under the law.

Security Deposit Laws in Alabama

Landlords cannot collect security deposits greater than the cost of one month’s rent except if they are taking an additional deposit for pets or changes to the rental unit.

Is a deposit receipt required in Alabama?

A landlord does not have to provide a tenant a receipt for a security deposit, but we recommend it.

When must a landlord return the deposit by in Alabama?

Landlords in Alabama must return the deposit within 35 days after the tenant moves out of the rental unit.

Which situations allow a landlord to withhold a security deposit in Alabama?

The landlord may withhold the security deposit for rent owed or the tenant’s noncompliance with Section 35-9A-301 of Alabama’s Uniform Residential Landlord and Tenant Act.

Do landlords have to pay interest on security deposits in Alabama?

No, landlords in Alabama are not required to pay interest on the deposit.

Can security deposits be commingled with other assets in Alabama?

Yes, landlords may commingle the security deposit with other funds.

Rental Agreement Laws in Alabama

Are written leases required in Alabama?

Get started now by creating an online Alabama rental lease agreement with Avail. Our rental agreements include all the necessary notices and disclosures based on your property’s address.

What are the general lease provisions in Alabama?

Residential leases may include:

- The names of the tenant and landlord or property manager

- Cost of rent

- Who will be responsible for utilities

- A description of the rental unit

- Late fee clause

Security deposit clause

What terms are prohibited from being in the rental agreement?

Rental agreements cannot include any clauses that do the following:

- Waives rights or remedies available under the Landlord-Tenant Act

- Allows the landlord to confess judgment on a claim arising out of the lease

- Agrees to pay the other party’s attorney’s fees

- Limits the liability of the landlord arising under the law

The tenant agrees to indemnify the landlord for any liability arising under the law

What are the rental agreement termination notice requirements in Alabama?

The landlord or tenant must give the other party must provide the other party 30-days’ notice of termination to end a month-to-month tenancy.To end a week-to-week lease, the landlord or tenant must give the other party 7-days’ notice of termination.

If the lease is a fixed-term lease, there is no notice of termination needed — the lease ends when stated in the lease.

Rental Payment Laws in Alabama

Unless the lease states otherwise, rent is due at the beginning of the month. If the lease does not state the cost of rent, the rent will be the fair market value of the rental unit. It will be the same amount for every rental period in the rental period.

Do landlords have to provide tenants receipts for rent payments?

Landlords do not have to provide tenants with receipts for rent payments, but we recommend it for proof of payment.

Late Fees and Grace Period Laws in Alabama

Is there a legal requirement for late fees in Alabama?

No. Landlords may charge whatever amount they deem reasonable for late fees.

Does Alabama have a law regarding grace periods?

There is not a statutory grace period in Alabama. Therefore, a landlord may charge the tenant a late fee once rent is late.

Tenant’s Rights and Landlord’s Duties

The landlord must keep making all repairs or do whatever is necessary to keep the rental unit habitable. The landlord must also maintain all electrical, plumbing, sanitary, heating, ventilation systems supplied or required to be supplied by the landlord in safe working condition. Running water and reasonable amounts of hot water and heat must always be supplied.

Leases for single-family homes can include a clause that requires the tenant to perform specified repairs, maintenance, or alterations.

For multi-family properties, the landlord and tenant can agree that the tenant will perform specified repairs, maintenance, or alterations. However, the agreement:

- Must be separate from the lease

- Cannot be a condition of signing the lease

- Cannot be a way for the landlord to avoid his duty to keep the unit habitable

Cannot diminish the landlord’s duty to other tenants in the property

Do landlords need to change the locks of a unit after the tenant moves out?

No, there are no laws requiring the landlord to change the locks.

What remedies are available tenants if the landlord fails to make required repairs?

If the landlord has not made required repairs, the tenant may end the lease. Before ending the lease, the tenant must send the tenant a 14-day written notice stating the tenant’s intention to terminate the lease if the landlord does not make the required repairs in 14 days.

Alabama Eviction Laws

A landlord may evict a tenant for breach of the lease and nonpayment of rent.

Is the landlord required to give certain notice if they wish to evict a tenant?

If a landlord is evicting a tenant for breach of the lease, he or she must give the tenant a 14-day written notice stating the landlord’s intention to end the lease if the breach is not repaired in 14 days.

If a landlord wishes to evict a tenant, he or she must give the tenant a 7-day written notice stating the landlord’s intention to end the lease if the tenant does not pay the rent owed, including late fees, within 7 days.

Alabama Pet Laws

Are there any pet laws in Alabama?

Federal law also requires that landlords try to accommodate tenant’s that need the assistance of service animals. Read more about service, therapy, and emotional support animals.

Do Alabama Landlords Need a Rental License?

No, landlords do not need a license to rent out their property.

Notice of Entry Laws in Alabama

A landlord may enter the unit to inspect the unit, make agreed repairs, supply necessary services, and exhibit the unit to prospective tenants or buyers.

How much notice must the landlord provide the tenant before entering the unit?

The tenant must give the tenant at least 2 days’ notice of their intent to enter the unit.

When may a landlord enter the tenant’s unit without prior notice?

A landlord may enter the unit in the case of an emergency, under a court order, or if the unit is abandoned.

Sublease and Assignment Provisions in Alabama

Unless the lease states otherwise, the tenant may sublease the rental unit.

Required Alabama Rental Agreement Disclosures

Helpful Alabama Landlord-Tenant Law Resources

Alabama Legal Help

Alabama State Bar

Alabama Real Estate Commission

Alabama Center for Dispute Resolution

Alabama Attorney General

Alabama Uniform Landlord-Tenant Act

Disclaimer

The post Alabama Landlord-Tenant Law appeared first on Avail.

Connecticut Landlord-Tenant Law

Reggie Lys — Thu, 10 May 2018 15:03:18 +0000

*If the landlord accepts cash payment, the landlord must give the tenant a receipt for payment.

**If a lease is longer than 12 months, it must be written.

Get a printable renter application AND learn how to screen Connecticut tenants securely—free for landlords.

READ THE FULL GUIDE!

The Landlord-Tenant Environment in Connecticut

Connecticut is home to over 3.5 million people. Over 10% of its population are renters, not homeowners. Deciding to rent out your property can be difficult if the landlord does not know their rights or the rights of their tenants. This guide provides an overview of Connecticut’s residential landlord-tenant laws for landlords and tenants to have a better understanding of their right and obligations under the law.

Security Deposit Laws in Connecticut

Security deposits cannot exceed the cost of 2 month’s rent. If the tenant is over 62 years old, the security deposit cannot exceed the cost of 1 month’s rent.

Is a deposit receipt required in Connecticut?

No, but it is good practice to provide tenants with receipts for security deposits.

When must a landlord return the deposit by in Connecticut?

Landlords must return security deposits within 30 days after the tenant moves out of the rental unit or 15 days after the tenant provides the landlord with a forwarding address, whichever date is later.

Which situations allow a landlord to withhold a security deposit in Connecticut?

A landlord can withhold a security deposit to cover any cost the landlord incurs due to a

tenant’s failure to comply any tenant obligations.

Do landlords have to pay interest on security deposits in Connecticut?

Yes, landlords must pay interest on their tenants’ deposit. The interest rate cannot be less than the deposit index for that calendar year. For 2018, the interest rate on security deposits is 09%.

Can security deposits be commingled with other assets in Connecticut?

No, landlords may not commingle their funds with the security deposits of their tenants. Security deposits must be held in an escrow account.

Rental Agreement Laws in Connecticut

Are rental agreements required in Connecticut?

Written and oral leases are valid in Connecticut, however, using a written lease is the best practice to follow. Written leases are the best way to confirm the agreement between the landlord and tenant.

Use Avail, to create a Connecticut-specific lease. Our leases include all necessary notices and disclosures based on your property’s address.

What are the general lease provisions in Connecticut?

Residential leases may include:

- The names of the tenant and landlord or property manager

- Cost of rent

- Who will be responsible for utilities

- A description of the rental unit

- Late fee clause

Security deposit clause

Leases in Connecticut cannot include clauses that do the following:

- Waives or forfeits a tenant’s rights under subsections, 21, 23 – 23b, 26 – 26g, 35 – 35b, 41a, 43, and 46 of Connecticut’s landlord-tenant statute

- Includes a confession of judgment for any dispute arising from the lease

- Waives or limits the landlord’s liability under the law

- Requires the tenant to compensate the landlord for damages the landlord is liable for

- Waives the tenant’s right to interest earned on the tenant’s security deposit

- Consents to the distraint of property

- Requires a tenant to pay the landlord’s attorney’s fees more than 15% of any judgment against the tenant in any action in which money damages are awarded

- Allows the landlord to charge a late fee before the statutory grace period is over

Charges the tenant a heating or utility surcharge if heat or utilities is included in the cost of rent

Rental Payment Laws in Connecticut

What are the rules and regulations regarding paying rent in Connecticut?

Landlords cannot require tenants pay rent by electronic transfer.

What are the rules and regulations regarding receipt of rent payments in Connecticut?

If the landlord receives a rent payment in cash, the landlord must provide the tenant with a receipt for payment.

Late Fees and Grace Period Laws in Connecticut

Is there a legal requirement for late fees in Connecticut?

Late fees cannot exceed $10 or 5% of the overdue amount, whichever amount is least.

Does Connecticut have a law regarding grace periods?

The grace period in Connecticut is 9 days for fixed-term leases and 4 days for month-to-month and week-to-week rentals. Therefore, the landlord cannot charge a tenant a late fee before the 10th day after rent is due.

Tenant’s Rights and Landlord’s Duties

What are the tenant’s rights regarding the landlord’s duty to repair in Connecticut?

The landlord must deliver the rental unit to the tenant in a condition fit for human habitation and must make all repairs necessary to keep the unit in a fit and habitable condition. Keeping a unit fit for human habitation includes supplying running water and hot water always, and heating that allows the rental unit to stay above at least 65 degrees throughout the year.

The landlord and tenant may agree that the tenant is responsible for specified repairs and maintenance if the agreement is not a way for the landlord to avoid his or her responsibility to deliver a rental unit fit for human habitation.

Do landlords need to change the locks of a unit after a tenant moves out?

No, there are no laws requiring landlords to change locks.

How much notice do tenants need to provide when there is a repair?

The tenant must provide the landlord with 15-days written notice of his or her intention to pursue one of the remedies described below. If the required repairs are not completed within the 15-day period, the tenant may move forward with one of the remedies described below.

What are the remedies available to the tenant if the landlord fails to correct the landlord’s complaint or action to repair in Connecticut?

If the landlord is not providing essential services or repairs the tenant may procure essential services or repairs themselves and reduce their rent payment in conjunction with the cost of the essential services or repairs.

The tenant may also seek substitute housing if the landlord has not provided essential services within 2 days of notice if the unit is uninhabitable. The tenant may seek reimbursement for substitute housing.

If the landlord intentionally refuses to provide essential repairs, the tenant may end the lease.

Connecticut Eviction Laws

What are Connecticut laws on eviction?

A landlord may evict a tenant for the following:

- Actions that materially affect the health and safety of other tenants

- Actions that materially affect the physical condition of the premises

- Material noncompliance by the tenant with the rental agreement

- Material noncompliance with the landlord rules

Nonpayment of rent

Is the landlord required to give certain notice if they wish to evict in Connecticut? If so, what is considered adequate notice?

If a landlord wants to evict a tenant for nonpayment of rent, then he or she must give the tenant a 3-day Notice to Vacate. For any other reason, the landlord must give the tenant at least a 15-day Notice to Vacate. If the tenant can repair the issue within 15 days, the landlord cannot evict the tenant.

Connecticut Law on Domestic Violence Victims

What are the laws in Connecticut regarding domestic violence?

If a tenant is a victim of domestic violence and reasonably believes it is necessary to vacate the rental unit due to fear of imminent harm to themselves or their dependents, the tenant may terminate his or her lease. The lease may be terminated without penalty or liability for the remaining term of the rental agreement. The tenant must give the landlord written notice 30 days before the tenant intends to move out of the unit.

Read more about the rights of victims of domestic violence in regards to residential leases.

Connecticut Pet Laws

Are there any pet laws in Connecticut?

No. However, federal law requires landlords to make accommodations for those who require the assistance of service animals. Learn more about service and emotional support animals.

Do Connecticut Landlords Need a Rental License?

No, but some cities may require landlords to register with their city’s tax assessor if the landlord is an out-of-state resident. Be sure to check the laws of the city or village that your rental property is in to be sure you are compliant.

Notice of Entry Laws in Connecticut

For what reasons may the landlord enter the tenant’s premises in Connecticut?

Tenants cannot unreasonably withhold access from the rental unit to the landlord if the landlord wants to enter to inspect the unit, make necessary or agreed upon repairs or alterations, supply necessary or agreed to services, or exhibit the unit to prospective or actual purchasers, tenants, workers or contractors.

Are there any exceptions whereby the landlord is not required to provide notice to the tenant before entering the premises in Connecticut?

The landlord does not need the tenant’s permission to enter the unit in the event of an emergency.

Sublease and Assignment Provisions in Connecticut

The tenant may sublet the rental unit unless the lease states otherwise.

Abandonment of Property Provisions in Connecticut

What are the rules and regulations regarding the abandonment of either personal or real property or both in Connecticut?

If a landlord believes a tenant has abandoned the rental unit, the landlord must send a written notice to the last known address of the tenant stating that the landlord believes the unit is abandoned and plans to re-enter the unit. The notice must also state what the landlord plans to do with tenant’s property, and when the tenant must respond to the landlord’s notice.

How much time must elapse before the unit is presumed abandoned in Connecticut?

A landlord may presume a unit is abandoned if all the tenants have moved out of the unit and the unit has been vacant for at least 2 months.

Required Connecticut Rental Agreement Disclosures

Fire Sprinkler Disclosure: The lease must state whether the property has a fire sprinkler system and when that system was last updated.

Condominium Disclosure: Before entering a lease with the tenant the landlord must notify the tenant whether the property is in a common interest community.

Helpful Connecticut Landlord-Tenant Law Resources

Connecticut Judicial Library

Connecticut Commission on Human Rights

Connecticut Housing Coalition

Connecticut Department of Banking

Connecticut Attorney General’s Office

Landlord’s Guide to Evictions

Connecticut Judicial Branch: Housing Web Forms

Uniform Relocation Assistance Act

Connecticut: Top Ten Housing Myths

Disclaimer

The post Connecticut Landlord-Tenant Law appeared first on Avail.

Hawaii Landlord-Tenant Law

Reggie Lys — Thu, 10 May 2018 15:02:00 +0000

*Rental agreements longer than 12 months must be written.

**There are re-keying laws for victims of domestic violence.

Get a printable renter application AND learn how to screen Hawaii tenants securely—free for landlords.

READ THE FULL GUIDE!

The Landlord-Tenant Environment in Hawaii

The state of Hawaii is made up of 8 major islands. Almost 1.5 million people are stretched over the 8 major islands. The island with the highest population is Oahu, home of Honolulu, which has just under 1 million people living there. This article provides an overview of Hawaii’s residential landlord-tenant law, so landlords and tenants in Hawaii understand their rights and responsibilities under the law.

Security Deposit Laws in Hawaii

Landlords can require security deposits in Hawaii, but they cannot exceed the cost of one month’s rent. In addition to the security deposit, landlords can collect pet deposits, assuming their tenants will have a pet in the unit. The additional pet deposit cannot exceed the cost of one month’s rent.

Also, if the landlord allows a tenant to have a service animal in the rental unit as a reasonable accommodation for a disability, the landlord cannot charge the tenant a pet deposit.

Is a deposit receipt required in Hawaii?

No. But it is good practice for landlords to provide tenants with receipts for security deposits.

When must a landlord return the deposit by in Hawaii?

Landlords must return deposits within 14 days of the tenant moving out.

Which situations allow a landlord to withhold a security deposit in Hawaii?

A landlord may withhold a security deposit for the following reasons:

- Damage to the unit beyond reasonable wear and tear

- Failure to pay rent, utility charges, or other fees required by the lease

- Failure to return keys

- Clean the unit if it’s not in the same condition the tenant received it in

Compensation for unauthorized early termination of the lease

Do landlords have to pay interest on security deposits in Hawaii?

No. Landlords do not have to pay interest on security deposits.

Can security deposits be commingled with other assets in Hawaii?

Yes. Landlords may hold security deposits in the same accounts as their other funds.

Rental Agreement Laws in Hawaii

Are written leases required in Hawaii?

Rental agreements longer than 12 months must be written. Oral rental agreements shorter than 12 months are valid. However, using a written lease for a rental agreement is the best practice. It is the best way to confirm the agreement between the landlord and tenant.

Create an online Hawaii rental lease agreement today with Avail.Our rental agreement includes all the necessary notices and disclosures based on your property’s address.

What are the general lease provisions in Hawaii?

The lease must include::

- The names of each person authorized to manage the premises

The names of each owner

Other than the required information stated above, the lease may cover terms for condition concerning the use and occupancy of the rental unit. Generally, leases contain the clauses addressing the following:

- The cost of rent and where and when it will be paid

- Length of the tenancy

- Who pay utility charges

- Late fees

- Pets

Default

What terms are prohibited from being in the rental agreement?

Rental agreements cannot include any clauses that:

- Waive a tenant’s or landlord’s right to remedies provided under Hawaii’s landlord-tenant statute

- Allow a landlord to collect rent without any obligations toward the maintenance or operation of the property

- Exempt or limit the landlord’s liability for injury or damage to persons or property caused or resulting from the negligence of the landlord

- Require the tenant to reimburse the landlord for liability arising from injury or damage to persons or property caused or resulting from the negligence of the landlord

- Allow any person to confess judgment on a claim arising out of a rental agreement

Require the tenant to pay over 25% of the landlord’s attorney’s fees in an eviction for a suit for unpaid rent

What are the rental agreement notice requirements Hawaii?

Required Notice of Termination of the Rental Agreement
Party	Landlord	Tenant
Fixed Term Agreement	Notice required by the lease	Notice required by the lease
Month-to-Month Agreement	45 days	28 days
Week-to-Week Agreement	10 days	10 days

Rental Payment Laws in Hawaii

Unless the lease states otherwise, rent is due at the beginning of the lease. If the lease does not state the amount of rent, rent will be charged at the fair market value of the rental unit. Landlords cannot require a tenant to pay rent by check or any other type of negotiable instrument.

Do landlords have to provide tenants receipts for rent payments?

Yes. Landlords must give tenants a receipt after a rent payment.

Late Fees and Grace Period Laws in Hawaii

Is there a legal requirement for late fees in Hawaii?

No. Landlords may charge any amount they deem reasonable for a late. However, if a court finds that the late fee is unconscionable, it will not enforce it.

Does Hawaii have a law regarding grace periods?

No, the day after rent is due, a landlord may charge the tenant a late for the late payment of rent.

Tenant’s Rights and Landlord’s Duties

The landlord must make all repairs and arrangements necessary to keep the rental property in a habitable condition. In addition to keeping the rental property in a habitable condition, the landlord must also do the following:

- Comply will all applicable building and housing laws that materially affect health and safety

- Keep all electrical, plumbing, and other facilities supplied by the landlord in good working order

Provide for the supply of running water

The tenant and landlord may agree that the tenant is responsible for repairs that are not required to keep the unit a habitable condition.

What remedies are available tenants if the landlord fails to make required repairs?

If the landlord fails to complete required repairs, the tenant may make the required repairs and seek reimbursement up to $500 for repairs.

What is the required notice a tenant must provide to the landlord regarding landlord’s duty to repair in Hawaii?

Before a tenant may make necessary repairs, he or she must give the landlord 5 days’ notice of his or her intention to make repairs. The notice must include an estimate of the cost of repairs.

Read more about the remedies available to a tenant if a landlord does not make required repairs.

Notice of Entry Laws in Hawaii

For what reasons may the landlord enter the tenant’s unit?

Tenants must allow their landlord reasonable access to the unit to:

- Inspect the unit

- Make agreed or required repairs

- Supply agreed or required services

Exhibit the unit to prospective tenant or buyers

How much notice must the landlord provide the tenant before entering the unit?

The landlord must give the tenant at least 48-hours’ notice of his or her intention to enter the unit. The landlord may only enter the unit during reasonable hours (usually 8 am to 9 pm).

When may a landlord enter the tenant’s unit without prior notice?

In the event of an emergency, the landlord may enter the tenant’s dwelling without the tenant’s permission.

Hawaii Eviction Laws

A landlord may evict a tenant for the following reasons:

- Failure to pay rent

- A tenant’s failure to maintain the property as required under Section 521-51 of Hawaii’s Residential Landlord-Tenant Code

Improper or unlawful use of the rental unit

Is the landlord required to give certain notice if they wish to evict a tenant?

If a landlord is evicting a tenant for the failure to pay rent, the landlord must provide the tenant with 5 days’ notice of his or her intention to end the lease if rent is not paid by the end of the 5 days.

If a landlord is evicting a tenant for any other reason, then he or she must give the tenant a 10-day notice of his or her intent to end the lease.

If the landlord plans to evict a tenant for defects that threaten serious damage to the rental unit or possible injury the landlord may end the lease immediately. No prior notice will be required.

Rights of Domestic Violence Victims

If a tenant is a victim of domestic violence he or she may:

- End the lease early without any further obligation to pay rent for the rest of the lease term

Request that the landlord change the locks to the rental unit

The tenant must have been a victim of domestic violence within 90 days before notice of his or her intention to end the lease.

If the tenant does not want to end the lease, he or she may request that landlord change the locks on the rental unit. After receiving a request, the landlord must change the locks within 3 days.

Is the tenant required to give certain notice if they wish to end the lease or change the locks on the unit?

The tenant must give the landlord 14-days’ notice of their intent to move out of the rental unit. The notice must describe why the tenant reasonably believes his or her assaulter knows the address of the rental unit. The notice must include one of the following:

- A copy of the restraining order against the tenant’s assaulter

- A copy of a police report or report filed with an agency that states the tenant was a victim of domestic abuse

- A copy of a conviction of a person for domestic abuse against the tenant

Read more about the rights of domestic violence victims in connection with their rental agreements

Hawaii Pet Laws

Are there any pet laws in Hawaii?

Landlords may charge tenants an additional deposit if they wish to have a pet on the rental property. However, pet deposits cannot be charged to tenant’s that are allowed to have a pet on the rental property as an accommodation for a disability. Federal law requires that landlords try to accommodate tenants who require the assistance of service animals.

Sublease and Assignment Provisions in Hawaii

Unless the lease states otherwise, a tenant may sublet the rental unit without the landlord’s permission. If a landlord wants to control the subletting of the rental unit, it must be included in the lease.

Rental Licenses

In Hawaii, do landlords need a rental license?

No. Landlords in Hawaii do not need a rental license to rent their property.

Required Hawaii Rental Agreement Disclosures

Condominium Conversion Project: If a landlord plans to turn the rental unit into a condo, he or she must notify the tenant 120 days before the intended termination of the rental agreement.

Helpful Hawaii Landlord-Tenant Law Resources

Hawaii State Judiciary: Landlord-Tenant claims

Hawaii Library Guides

Hawaii Attorney General

Hawaii Public Housing Authority

Legal Aid Society of Hawaii

Office of Consumer Protection’s Handbook

Disclaimer

The post Hawaii Landlord-Tenant Law appeared first on Avail.