Landlord tenant law
Tenant vs. Landlord: Where the Law Stands
Tenant vs. Landlord: Where the Law Stands
How to Make Tenancy Fair for Both Parties
Publish Date: 07/31/2005
I am a [by default, in Arizona, a "limited" attorney] real estate broker. Real Estate brokers are held to a higher standard in tenant and landlord real estate law. Thus, on several Expert web sites, I answer questions about "what can I do, my landlord is.." Or "my tenant has, what can I do"?
It is known that across America, people move from their primary residence about seven times in their lifetime. Much of that occurs during the summer, either after a vacation or in lieu of one. It is my hope that for those of you in that mainstream who are moving,and I mean from one rental property to another, that these bits and pieces of data will help you so you don't wind up with someone mad at you and money lost.
First, all tenants are lease holders, in writing or otherwise. IF not specifically a week to week [out of the ordinary but quite legal] agreement, and if not in writing, your lease is a month to month. If it is in writing, it is for 2 months or longer. Its duration can be for any mutually agreeable lengthagreeable between landlord and tenant. In this data I am not separating property owner from landlord; the law is the same.
LANDLORDS may perform credit checks, and ask for security and cleaning deposits, and they may demand cash. They must provide a clean, safe and working unit [whether bedroom, apartment or house/condo].
If a tenant lies on an application, and if the contract so stipulates that lies are grounds for eviction, the tenant obviously must tell the truth.
IF the lease is for 1 year or longer, either side, when the calendar shows two months till expiration of the year, inform the other if they intend to stay or if they are to leave, as the side's position may be.
On a month to month, a full month's notice is needed.
WHEN a tenant must leave before the lease expires or before the end of the 30 days; and is sick, suddenly without work, gets a job elsewhere, mom in anther state dies, etc., it is not the responsibility of the landlord. No state has an early -OUT provision. One's reason for leaving is not relevant! Yes, if the tenant can get the landlord to waive the current expiration date of the lease and without penalty of any kind, then the tenant's responsibility is eliminated upon exiting the unit. [Presuming the unit is left clean and said condition is mutually agreed upon.]
If a house/apartment, whatever is being rented, is offered for sale to someone, the landlord must give the tenant a 48 hour written notice before the unit is shown.
If an agreement to sell/buy is reached, and if the current tenant's lease has not expired, it continues undisturbed. NO new buyer may change any part of a CURRENT lease automatically. Any lease, of course, may be changed by mutual agreement between new owner and tenant.
I have been asked time and time again, "what do I do if I have a problem within my unit and the landlord ignores me"?
First, the tenant must decide if the problem is a safety hazard; air conditioning in a desert area, heating in a snow belt, water flow, etc. IF a problem like this arises, and the landlord CANNOT BE REACHED or CURE THE PROBLEM "quickly", the tenant faces both a value judgment and what is called a CONSTRUCTIVE EVICTION. The landlord who disagrees with the severity of the problem may of course, sue the tenant for failure to complete a lease. If the judge thinks the problem was not life threatening [?], the judge may rule against the tenant. If the judge agrees with the tenant, the deposits due the tenant must be returned immediately.
IF the problem is not life threatening, the tenant must write down the concern, send same in a certified letter to the landlord and offer to correct the problem if not attended to within 30 days. Landlords get "no time" to correct life threatening issues and up to 30 days to correct other items.
If the landlord simply does not correct the problem, the tenant has ONLY one remaining option [assuming not on a 2+ month lease]find a licensed contractor and PAY to get the problem remediated [having gotten bids from 3 contractors]. When rent is due, the tenant then would need to submit a copy of the invoice paid and reduce the amount paid from the amount of rent due. IF the amount paid is more than a month's rent, the tenant may do this monthly till the total amount of the invoice has been eaten up by what the rent would have been.
LASTLYthe tenant has given the notice to the landlord, "my lease expires on u' date and I plan on vacating". What every tenant should do on that last date is; take pictures of any marks, damage or whatever that the tenant claims is due to normal wear and tear and not the responsibility of the tenant. The tenant should ask for a check list from the landlord during the final walk through. ANY disagreements should be brought up and agree that the situation must be solved through the court or a mediator. NEVER let anything fester[hold on, undecided]. The tenant should have a friend or neutral party during the final walk through for confirmation of the results of the walk-through. Deposits that are to be returned usually are allowed 15 days maximum.
Final word; the tenant must not leave anything item behind; neither trash or personal property. Landlords have argued successfully in court that the tenant had not fully exited the property and thus, rent was still due! If anything is left behind, the law mandates the landlord store it for 30 days. [And the landlord may charge for storing.]
Follow the data above and all tenants should know which landlords are reasonable and which not, and landlords will know which tenants will be reasonable.
Landlord tenant law
By: k. kemper
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