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Residential Landlord-Tenant Laws | LandlordTenantLawFirms

Unlike commercial leases, residential rental and lease arrangements are very tightly and strictly governed by state and local law. In this section you will find a wealth of information on the residential landlord and tenant relationship, as well as the important laws that protect both parties. We'll cover various aspects from issues with usage and return of the security deposit, landlords requirements to maintain fit and habitable housing, the tenants requirements to refrain from illegal or dangerous activities, how to form fair and legal lease and rental agreements and more. See More on this Topic to the right for all sections of this site related to residential rentals and leases.

Residential Landlord-Tenant Laws

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Security Deposits | LandlordTenantLawFirms

Most leases and rental agreements require tenants to pay a deposit (the amount is usually a month or two of rent) before moving in. This is typically in addition to first month's rent and fees (such as for parking) that some landlords charge. If a tenant damages the property or leaves early owing rent, the landlord can use the deposit to cover what the tenant owes. State security deposit laws provide specific details as to the maximum amount of the deposit, how it may be used, when it must be returned (and whether or not interest is required), and tenant rights if the landlord violates the law. A tenant may sue a landlord in small claims court for failure to return the deposit (usually the tenant must first send the landlord a demand letter).

Security Deposits

State Security Deposit Laws

Residential Leases & Rental Agreements | LandlordTenantLawFirms

Leases and rental agreements form the contractual basis of the landlord-tenant relationship. A rental agreement is generally made for a short period of time, typically a month, in which case the agreement is automatically renewed each month.   A lease on the other hand, covers a set period of time, usually six months to a year, as long as the tenant pays the rent and complies with other significant terms of the lease.   When a lease expires, it is not usually automatically renewed. Leases and rental agreements should be in writing so that there is a clear understanding between landlord and tenant on all key issues of the tenancy. Oral leases and rental agreements are legal (and enforceable) for month-to-month tenancies and, in most states, for leases of a year or less. While seemingly easy and informal, oral or verbal agreements often lead to disputes as either side may forget key terms as time p es by. State laws (and the rental do ents themselves) typically spell out how and when a landlord or tenant may end a month-to-month rental agreement or a fixed-term lease.

Residential Leases & Rental Agreements

Introduction to Leases and Rental Agreements

Landlord and Tenant Disputes | LandlordTenantLawFirms

Landlord and tenant disputes usually revolve around late rent payment, repairs, return and use of security deposits, tenant privacy, and tenancy terminations. Both landlords and tenants have specific rights and responsibilities, primarily under state law—for example, when it comes to the timeline and procedures for landlords to return a deposit or the landlord’s legal right to enter rental property. Landlords may also spell out tenant legal responsibilities, such as when rent is due, in the lease or rental agreement. Even when state law or a lease clause is very specific on a particular issue (which is, unfortunately, not always the case), landlord-tenant disputes are common. Depending on the situation, these may be resolved through informal negotiation, mediation with a trained professional, or in court with lawyers representing both sides. For both landlords and tenants, knowing (and complying with) your rights and responsibilities is crucial to preventing disputes, or resolving them when they occur—whether it’s an issue of who must pay for property damage or tenant rights when a rental house is being foreclosed. All Landlord and Tenant Disputes Articles Resolving Landlord-Tenant Disputes Most disagreements between landlords and tenants can be resolved with informal discussion, mediation, or, if necessary, small claims court. Tenant Rental Rights When it comes to rental housing, both landlords and tenants have certain legal rights and responsibilities, most of which fall under state law... How to Handle Security Deposit Disputes Here's how to take action if your landlord has not returned your deposit (in full or at all) or has violated another state security deposit law. Rental Property Foreclosures The foreclosure crisis affects almost as many renters as homeowners. When landlords default on their mortgages, innocent tenants often end up evicted... Questions & Answers About Landlord-Tenant Disputes How can I resolve a complicated dispute with my landlord? What is a landlord-tenant dispute resolution and litigation option? My landlord and I disagree about who needs to take care of roaches. I say that pest control is his responsibility. He says that he never had roaches in the rental house before I moved in. He blames them on my 2 dogs and 3 cats... Is arbitration available when my tenant disputes my eviction notice? How does arbitration work? I want to evict one of the tenants because of complaints from the other two tenants, but the tenant is requesting arbitration. How does this work?

Landlord and Tenant Disputes

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Commercial Leases | LandlordTenantLawFirms

Negotiating a commercial lease is a complicated task for many small business owners and managers. This section of landlordtenantlawfirms.com will guide you through key issues such as how to choose space, negotiate favorable lease terms, understand the difference between a gross lease and a net lease, choose a commercial real estate broker, and much more. Attorney Janet Portman literally wrote the book on negotiating commercial leases, and has contributed numerous articles to this section to help you understand the ins and outs of commercial leases and lease laws.

Commercial Leases

Popular Commercial Lease Topics