Tenants must abide by the rules of a lease
The lease is a legal contract and the basis for all disputes and disagreements between the landlord and the tenants. In times of trouble, it is often necessary to remind tenants of the conditions stipulated in the lease, and it is also a very effective way to deal with the problem.
Both parties signed the legal document. The tenant cannot ignore the terms and conditions of a signed contract, or imply that they do not understand it. It is good for a landlord to patiently explain the terms and conditions to a disabled or illiterate tenant.
The research found that three out of ten tenants are less desirable. The most common complaint is that tenants don’t pay their rent on time:
• A landlord can send the tenant a reminder about the overdue rent and then call if the renter does not respond;
• The landlord can notify the tenant that late rent charges will be assessed;
• In the event that the tenant refuses or cannot pay the rent, the landlord can take action;
• Written notice may be given to the tenant as the last chance to make payment;
• The landlord can take legal action and set a short date for the eviction lawsuit.
It is important that the owner keep all records of payments and proof of the existing condition of the property.
The differences between a refundable deposit and a non-refundable deposit
A landlord can request multiple deposits. Deposits for rental homes are open for discussion. There are also protections for the return of deposits provided by law. A deposit is money that the tenant pays in advance to protect the landlord. A retention deposit is to protect the landlord if the tenant does not move out. This deposit is refundable when the tenant moves out.
The damage deposit is money paid to protect the landlord against damage caused by the tenant. If the tenant voluntarily moves out before the lease ends, part of the deposit is non-refundable. The portion that exceeds the damages is refundable.
The deposit requested for the houses for rent cannot exceed the amount equivalent to one month’s rent. If there is a written lease for a period of one year or more, the landlord can collect any amount as a damage deposit. If the landlord collects a deposit that is more than one month’s rent, the landlord must pay interest on the full amount of the deposit for as long as the landlord keeps it.
In some cases, the owners do not refund the deposit, even if there was no damage. What is legally considered damage?
• Damages can be lost rent due to violation of the lease by the tenant;
• The landlord claims that the tenant caused actual damage to the property, for example, if the carpet is torn.
The law requires the landlord to pay for the wear and tear. Walls need to be painted every few years and rugs need to be replaced when they wear out over time. The tenant must pay for accidental damage caused to the property. A tenant should always clean the property before moving in. It is still a good idea to take pictures before leaving the property. It is standard procedure for a deposit to be refunded within thirty days of the tenant’s move-in.
Give proper notice
Lack of proper notification can result in damage to the owner. A seven-day notice is required on a week-to-week lease and a thirty-day notice on a month-to-month lease.
In the event that a tenant with a fixed-term lease wants to move out early, the tenant can arrange a sublease. A sublease is an agreement to minimize the risk of damage. The tenant moves in and rents the house to someone else. A sublease agreement must be in writing. If the lease prohibits this, the landlord’s permission is required.
Homeowners who take the law into their own hands
Without a court order, it is wrong to deny a tenant access to the home. Some of the illegal practices include:
• The landlord pretends to have a court order to force the tenant to leave;
• Change the locks on the house during the absence of tenants to prevent access;
• The landlord obstructs the entrance to the house;
• The landlord removes the tenant’s personal property from the home;
• Any other method used to deprive the tenant of access to the house.
A tenant can get legal assistance if the landlord takes any of these actions. There are cases where a landlord seized a tenant’s personal property as security for the overdue rent. In this case, a tenant can call the police since the landlord has actually stolen the tenant’s property.
In the event that a tenant moves out and leaves some of the personal property, the landlord must retain the entire property for at least fourteen days so that the tenant has time to claim it. If the tenant has been evicted by court order, the landlord must retain any property left for three days after the date the tenant is forced to move out. If the landlord stored any property and gave the tenant a reasonable time to claim it, the landlord can dispose of the property.
Be the perfect tenant
Getting a decent reference from your landlord is helpful for future reference. Getting your security deposit back is just as good. Avoid conflicts with your landlord by respecting the terms and conditions of the lease:
• Landlords do not like to receive complaints from neighbors. Be considerate of your neighbors and keep the music down or use headphones;
• Always clean up pet waste to avoid bad odors;
• You are responsible for your missions. Be smart if you are planning a party. Any damage caused to the property or any complaints from the neighbors is your responsibility;
• Keep the property clean and don’t leave trash bags outside for your neighbors to see;
• If you need to fix something easy and small, try doing it yourself;
• When you decide to move, give good advance notice;
• Pay your rent on time.
Homeowners understand that situations can happen and that things happen sometimes. If you are going to be late in paying your rent, give advance notice and be honest about the situation. Don’t lie to your landlord. This can cause you to lose credibility and will only make things worse in the long run.
When you find your dream home, stick to the golden rules of your lease. This is a binding document that describes your responsibilities as a tenant. Pay your rent on time. The owners want their money no later than the due date.