Facts About Landlord Agreements

Do you know the laws in your state concerning landlords and tenants? Since they both have responsibilities you need to know the laws in your state to avoid any problems. If you are a tenant, you may also want to find out your states laws so you can find out what your rights are and not become forced out by your landlord.

You may not realize it but laws are made to protect renters in the case of dishonest landlords. For instance, if you put a deposit down make sure that you have a receipt, and also check out the apartment or home thoroughly before moving in. There may be items you aren’t aware of that are broken or damaged in some way, and if you don’t notify the landlord immediately he could blame you for these damages and keep your deposit. Read your rental application form carefully before moving in.

On the other hand, if you have followed the rules and have not caused any damage to the apartment, moving out should mean getting your deposit back within a certain length of time. In most states, your landlord must either return your deposit (plus interest, if applicable) within 15 days of termination of your lease, or justify in writing within the 15 day period, why he is keeping a portion or all of the money. He must give a valid reason such as specific damages, not a vague excuse that the place is dirty. If the notice is not sent as required within the required period, the landlord forfeits his right to impose a claim unless you failed to give proper notice prior to vacating.

In most states, it isn’t necessary to have a written contract or lease agreement for renters. However it certainly is a good idea, since renting on a month to month basis is more risky. If the landlord finds a renter that prefers to sign a contract, it’s much easier to evict you without any type of a rental agreement in writing. Oral contracts are enforceable in many states; however proving them is another thing. Do you really want to hire a lawyer to prove that your landlord had a verbal agreement with you? Even if you win, you lose!

Just remember that you must pay your rent on time, otherwise your landlord may have good cause to evict you. Of course they have to document the fact that you are behind on rent payments, and give you a written notice of this fact. There is a type of eviction process that a landlord must follow and in most states it takes 30 days to evict someone legally.

Landlord responsibilities

There are many laws protecting renters from landlords that try to take advantage of them, and here are the main points. These apply to many states if not all.

1. Landlords cannot just “throw” you out – they must go through an eviction process specified in your state which normally will end up in local court after a written notice to you given in person. In many states a process server or officer may provide the summons of eviction. Until that day, you cannot be physically removed.
2. The landlord cannot shut off your utilities in most states, even if it is in his name.
3. They cannot remove doors, locks, or windows to make it impossible for you to live there any longer.
4. They cannot remove your personal possessions from the premises.
5. A landlord may not evict a tenant in retaliation for the tenant
complaining about housing conditions to a governmental agency about a code violation, joining a tenant's 'union' or similar organization, or asserting other tenant rights.

Remember, both the landlord and tenant have rights and responsibilities so keep these in mind before acting on your own with a total disregard to the law. Play by the rules of the law and you should not be taken advantage of, but it works both ways and knowing these laws can help keep you on the right side.Know your rights before signing a free rental agreement.