Article

Landlord and Tenants

Topic: Legal ServicesPublished February 16, 2011

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Not owning your own home has both advantages and disadvantages. One of the greatest disadvantages is to deal with a landlord. For many, landlords and tenants aren’t a problem; however, sometimes a landlord or tenant may abuse their privileges. For instances where conflict arises between a landlord and tenant, consider looking into landlord tenant lawyers. Laws vary depending on the state, but some laws remain universal. If you are in a landlord tenant relationship it is wise to know your rights. Information on such laws may be found on a government website. There you can find which laws are specific to your state of residence, and your situation. In general, if a tenant does not pay rent, refuses to leave once the lease is up, or breaks the terms of the lease, they are eligible for eviction.
The proper process for evicting a tenant, or being evicted, depends on your local laws. If there is any question as to the proceedings contacting a local lawyer would be in the best interest of everyone involved. A common question regarding landlord tenant laws is whether or not the landlord or the tenant is responsible for ensuring the home meets local housing codes. The landlord, since they actually own the property, is responsible for complying with housing codes. While landlords must make sure the building is up to code, it is the responsibility of the tenant to keep it that way, at least during the time of their lease. For those on a month to month lease a landlord is typically required to give you 30 day notice of eviction. Even though the rent may be paid on the first or last of the month, the notice may be given on any day. The notice gives the tenant 30 days to move out starting from the day the notice is received.
rnWhen drawing up a leasing agreement there are a few things that should always be included, no matter what state it’s in. Each agreement should clearly state the names of landlords and tenants, terms of the lease (yearly, month to month…), the price of rent, and the particulars on the security deposit. Other good things to include are consequences of default, late fees, and what happens in case of a death (of landlord or tenant). It is good practice to run any lease by an attorney first. A lawyer would be able to determine whether or not the lease is acceptable or unfair to one party or the other. A solid lease, understood by all involved parties, is essential to a happy relationship between tenants and landlords.

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