Ques. Are tenants entitled to alternative housing during pest extermination?
Ans. Good question, as your landlord has recently sent out a notice informing all tenants, their apartment complex is to be going to be fumigated for termites over the weekend. Since, tenants don’t have a choice in the matter, but to find alternative housing, most certainly, they would like to know, whether the landlord would be responsible for their overnight hotel stay. As well, what kind of accommodation are they entitled to i.e. motel or hotel?

While, yes indeed, tenants are entitled to compensation for the couple of days they could not stay in their rental apartments, however, they cannot turn the fumigation exercise into an opportunity for an expensive paid for vacation.

What is due you, especially if the rent you are paying is relatively modest, is the result of dividing your monthly rent by 30, multiplying the result by the number of days tenants sent outside the rental unit. There’s a slight catch here with the calculations, as what is due will not be able to cover even a modest hotel, or motel or meals. On the other hand, if the rent is sky high, you could chip in some and go ahead with a paid for holiday.

As well, tenants may approach the landlord and ask for the cost of staying at a hotel or motel comparable in quality to the rental unit, plus compensation for meals at restaurants, above what would have been spent for food prepared at home. This is a fairer method, both for the tenant and the landlord. If, your rental apartment comes with amenities and community features, such as, a swimming pool and exercise room, a good idea would be to find a comparable match in a nearby hotel or motel.

Which means, renters of ritzy penthouses in an upscale part of town might be quite justified in choosing a chic hotel or motel. However, for more utilitarian than stunning, rental units, moderately priced lodging is in order.

A word of advice! Don’t withhold rent or deduct your weekend costs from the next rental payment, in the event your landlord balks and refuses compensation. The safest recourse is going to the small claims court, where it can be pointed out to the judge that the termite infestation rendered your unit unliveable. Only a court has the power to order the landlord to compensate you for relocation expenses.

On that cautionary note, another fair bit of advice for both landlords and tenants, do avoid expensive landlord / tenant litigation! Landlords can do so, by taking necessary precautions, such as, screening tenants and conducting background checks on prospective tenants. A simple click of the mouse and one can visit www.e-renter.com for tenant screening and background check services. On the other hand, tenants can be on their best behaviour!

Owners of houses with large mortgages to pay off, often rent out the basement or a couple of rooms, in order to ease the financial burden. And, many of them, despite specifying a No Pets policy, allergic as they are to cats or dogs, end up with tenants who just because they pay rent, feel their pet is entitled to their living accommodation, as well.

Often, sharing a house means sharing the same heating system, with dog or cat hair making its way through the whole house, triggering off allergic reactions, especially if the landlord is allergy prone, making his / her life miserable. The only thing a doctor can advise is to get away from pet hair and dander, but what is to be done if the tenant refuses to get rid of the pet. Most certainly, it makes for a desperate situation, especially if a long-term lease has been signed. What can be done to enforce the landlord’s No Pets policy?

No doubt, giving up a pet is not easy, but then too allergies are not easy to cope with. However, a tenant who moved in with a pet, despite being aware of the allergy prone landlord’s No Pets policy, has had fair warning. The landlord’s newspaper advertisement made it plain pets were not allowed, and legally binds the tenant to this rule.

As long as, the landlord has not been openly tolerating the pet’s presence, it should not be difficult to convince a judge that as a landlord, you should be able to enforce this rule. Violation of any important term or condition of a rental lease can be sufficient grounds for termination of a tenancy. In such a situation, a suffering landlord needs to send a written notice advising the tenant that he / she should cease violating the lease by finding a new home for his / her pet, or by moving out. In legal terms, a landlord needs to serve a ‘Cure or Quit’ notice to the unruly tenant. Most state laws allow tenants anywhere from three to ten days, in which to comply with the ‘Cure or Quit’ notice. In case, the tenant refuses to follow the directions of the notice, a landlord may file for eviction.

Consider the following scenario. You own an apartment in a rent controlled city, which is rented out to a tenant, who has been running a childcare business in your apartment. However, she is not doing a good job of it, as after the children arrive, she neglects them, doing nothing when they end up crying all day. Half an hour, before the parents are due to pick up their children, happy times are simulated by turning on some loud, peppy, feel-good music. Obviously, any landlord would like a tenant such as this one, to move out, especially if they have a son or daughter in sore need of rental accommodation. The question is, can a tenant in a rent controlled city be asked to move out, without letting her know it the childcare business that is driving you nuts. And, of course, the apartment is needed for personal requirements.

All in all, you are in a difficult situation, where the law must be followed to a T. Each ordinance of your state law deals or interprets the issue of an owner evicting a tenant for using the property for their own use or the use of a family member. However, whatever the phrasing of the tenant / landlord ordinance, what a landlord must remember is that as long as the tenant has a functioning lease, it must be honoured, no matter how urgently you or your family need the place for your own purposes.

The first thing to be done before taking any step is to check the rent control ordinance applicable to your state. Landlords and tenants residing either in New York City, Newark, San Francisco, or other cities with rent control laws in place, should read and understand the most recent copy of the state’s rent control ordinance, including other regulations, so as to keep themselves informed, as to what is permissible in the state, their rental property is located in. They can acquire a current copy by getting in touch with the local rent control board, or by contacting the mayor or city manager’s office.

On that cautionary note, another fair bit of advice, avoid expensive landlord / tenant litigation, by taking necessary precautions, such as, screening tenants and conducting background checks on prospective tenants. A simple click of the mouse and one can visit www.e-renter.com for tenant screening and background check services.

A landlord who has a rental agreement signed by co-tenants can often find himself / herself in a quandary. For example, you as a landlord have two co-tenants, who have given notice that they will be vacating your rental property in a month’s time. One of them, who lived in the house for a year, has already left, while the other, who just moved in a couple of months back, will be leaving at the end of the 30-days notice. When you try to deduct for damage or cleaning charges, the first tenant claims he / she left the property sparklingly clean, in mint condition, therefore he / she is not responsible for any damage that might take place after his / her departure. The question is how are you going to handle the costs for damage repair and cleaning?

Simple, there is no need to frazzle yourself! Remember, you have the signature of both tenants on the rental lease, ergo; both are responsible for ensuring that the place is cleaned up and damage if any, accounted for out of the security amount deposited with you. A landlord does not need to worry as to, who of the two co-tenants is to be charged for the damage, courtesy of a legal principle known as joint and several liability. Simply put, it means, any one of the two co-tenants has to pay for all the damage, and even whole of the rent, if one or the other skips, without paying. The co-tenants are responsible for splitting up the responsibility or the bill between themselves.

When the second tenant leaves, inspect your rental property, deducting from the security deposit only what is necessary to cover unpaid rent, damage and cleaning beyond normal wear and tear. Split the balance of the security deposit, sending half to each of the co-tenants.

Actually, the newcomer before joining an existing tenancy should have asked the landlord to inspect the property before he / she moved in to avoid being charged for pre-existing damage. Or, he / she should have discussed the matter with pre-existing tenants. All a landlord has to worry about is that any costs incurred for cleaning or damage repair is paid up from the security deposit.

As a landlord, you must realise, although are the owner of the rental property, you cannot invade a tenant’s privacy by walking in and out of his / her rental unit, at will. Of course, you need to check and repair any reported deficiencies or damages, even to show the unit to new prospective tenants, in the event the present one is vacating the unit. However, if you do not inform your tenant and get prior permission for entering the rental unit, you can be held liable for violating and invading his / her privacy. This may well be the right time to explain what is the legal meaning of the term ‘invasion of privacy’.

It was only in the 20th century the term ‘invasion of privacy’ was invented as a legal concept. Inquisitiveness and nosing into other people’s business has been around since time immemorial, however, it took a judge’s wife to help create a new theory out of sheer nosiness and inquisitiveness. Upset with a journalist for snooping around for a major news scoop at a private party, the judge’s wife complained to her husband to do something about the journalist’s nosiness, only to be informed there was nothing in the legal lexicon to hold a person liable for sheer inquisitiveness. Ruminating on the issue, the judge later on wrote an article on the ‘right to privacy’ and from then on a series of rules relating to the subject were developed.

The right to privacy means a person has the inalienable right to be left alone. There are various ways a person’s right to privacy is invaded. The most common invasion of privacy situations law recognizes are as follows:

1. False Light i.e. falsely portraying an individual in a highly offensive manner. For example, posting the photograph of a law abiding man, a man who has never committed a crime on the ‘America’s Most Wanted’ website.
2. Disclosure of Private Facts i.e. revealing private or embarrassing facts about an individual, even though there is no established relation to a legitimate public concern. For example, a thief who has served time for a robbery 20 years ago, but now has rehabilitated himself, and is working as a pastor, it would be considered an invasion of his privacy if one were to publish facts of the 20-year old robbery today, unless a related public interest can be proven i.e. if the pastor is again arrested for a crime.
3. Intrusion is a legal offence as one cannot intrude upon a person’s reasonable expectation of privacy. For example, spying on the person at home, secretly eavesdropping on conversations, or opening their mail.

Similarly, entering a tenant’s apartment, without prior notice and without obtaining his / her consent, is tantamount to invasion of his / her privacy. While, every state has its own set of rules, determine whether a specific act constitutes an invasion of privacy in your state. Most states require a landlord to issue a 24-hour or 48-hour notice to the tenant, informing him / her of his / her intention to enter the rental unit for conducting repairs or showing it to prospective tenants. If, a landlord does enter a tenant’s rental unit without issuing a notice or getting prior permission, the tenant can sue him / her for invading his / her privacy.

A tenant – landlord, who has sub-leased a part of his / her commercial building on a month-to-month basis, has not raised the rent for four years. Now, he / she feels it is time to do so, but is confused as to whether the rent can be raised, including how much it can be raised for the sub-let portion of his / her commercial rental unit.

The answer is that raising the rent after five years is an understandably reasonable move, since every landlord would like to get true market value for his / her rental property. However, since you too are a tenant sub-leasing his / her rental unit, it is essential to check your own lease to ensure there is no clause in it, restricting you from sub-leasing it at a rental rate higher than what you are paying as rent, or would pay for the portion you are sub-leasing. This clause prevents and constrains you from profiting by charging a higher rent from sub-leasing your rental unit to a sub-tenant.

For month-to-month commercial property tenants, a landlord is allowed to raise the rent by giving 30-days advance notice, but check the sub-lease to see, whether you can do so for the sub-leased portion of your rental unit. At the most, your month-to-month tenant will disagree with the raise and decide to move out.

To soften the blow of a rental increase, perhaps, rather than delivering the news couched in the formal, legal jargon used by lawyers, it would be a far better idea to discuss and plan the rental increase with the tenant in advance,. As to how much should you raise the rent by? Look to the marketplace rental values, which will impose a limit on the rent charges, or the willingness of your tenant to suffer a rental increase.

A good question, especially if you have a commercial rental property, which is being leased as office space by a tenant, who would like to run a cable through the entire building for networking purposes. And expensive proposition, as the service amounts to over $12,000, which the tenant would like you, as the landlord to pay for. And, when the lease expires, the tenant says, he / she will move out taking the server, but will leave the cable behind. You might well ask if it is normal for landlords to provide cable, and whether he / she has any obligations towards the tenant, relating to down time, or if work is lost due to the system malfunctioning.

You may not like the initial expenditure outlay, but accept it, as when the current tenant moves out, you will be able to raise the rent for your commercial rental property on the basis of it coming equipped with network cable.

Apart, from that, it is but natural on a landlord’s part to worry about potential legal liability, but liability problems can be warded off, as a commercial lease is a contract agreement and landlords and tenants are free to set their own rules. As long as, both landlord and tenant agree, the legal liability issue can be resolved by discussing both tenant / landlord responsibilities together, and putting it all down in writing.

When you negotiate lease terms regarding the cable with current or future tenants, inform them that they are free to make use of the existing cabling, but you will not be held responsible for its functioning and will not make any guarantees about its condition. If, your tenants also agree that the responsibility of maintaining the cable is not yours and that you are exempt from paying for any losses due to any malfunctions, ensure it is put down in writing, in order to avoid any problems, later on.

Every landlord should familiarise himself / herself with the manner in which legally valid leases or rental agreements can be drawn up, including how rent control laws work.

Ques. How Do Rent Control Laws Work?
Ans. Only five American states, those of California, the District of Columbia, Maryland, New Jersey, and New York have laws limiting the rental amount to be legally charged by landlords. They have rent control ordinances, alias rent stabilization, or maximum rent regulation that limits the number of times and situation types a landlord is allowed to raise a tenant’s rent with impunity. As well, a good many of these rent control laws require a legal or just cause i.e. good reason for a landlord to terminate any unwanted tenancy. For example, a tenant refusing to pay rent, or a landlord wanting to offer the rental unit to a family member are considered just causes for ending tenancies under rent control laws.

Landlords and tenants residing either in New York City, Newark, San Francisco, or other cities with rent control laws in place, should read and understand the most recent copy of the state’s rent control ordinance, including other regulations, so as to keep themselves informed, as to what is permissible in the state, where their rental property is located. They can acquire a current copy by getting in touch with the local rent control board, or by contacting the mayor or city manager’s office.

Ques. What is the permissible amount a landlord can charge as security deposit, and what can it be used for?
Ans. Every state makes provisions for landlord to collect security deposit, every time a new tenant moves in. A number of states limit the amount landlords can charge, and usually not more than one or two months worth of rent is allowed, with the exact amount depending on the state the landlord’s rental property is located in. Many states require landlords to keep the security deposit money in a separate account, with the landlord paying back the interest accrued on the deposits.

Landlords are allowed to use the security deposit to cover any unpaid rent or necessary repairs or cleaning, resulting from tenant mis-use, but not normal wear and tear. For instance, a landlord is not allowed to withhold a tenant’s security deposit to pay for house cleaning, carpet cleaning, or repainting unless and until all these chores became necessary, due to a tenant’s unreasonable use of the rental. To play it safe, so that the tenant does not sue for the security deposit, record the condition of the rental property when a tenant moves in by using a move-in checklist and/or taking photographs of the property.

In order to be successful in his / her rental business, a landlord must have in-depth knowledge of various subjects related to his / her livelihood. First of all, he / she should know how to create a legally valid lease or rental agreement, as under, which should give a fair idea of why an agreement is of vital importance between a landlord and tenant.

Ques. Is it necessary for a landlord to have a written lease or rental agreement?
Ans. A key element of the rental business, it is vital for any landlord to ensure he / she has a signed agreement with each tenant. As well, care should be taken to ensure the following key points have been clearly stated in the agreement:

1. The duration of the tenancy.
2. The rental and security amount to be paid by the tenant.
3. Number of people allowed to occupy the property.
4. Person responsible for paying the utilities, i.e. landlord or tenant.
5. Whether, the building has a ‘Pets Allowed’ or ‘No Pets’ policy.
6. Whether, the tenant has the landlord’s permission to sublet the property.
7. Landlord’s access rights to the rental property, including,
8. Who is responsible for paying the legal fees, in the eventuality, there is a lawsuit regarding implementation of the lease or rental agreement?

A landlord should always bear in mind that leases and rental agreements should be written ones; despite the fact most states do have laws to enforce oral (spoken) agreements for a certain period of time. The easy informality of oral agreements may sound friendly; however, they often lead to heated disputes. During the course of the tenancy, if a landlord and tenant, later on, disagree about, say sub-letting by the tenant, it could all too likely lead to a court argument over who said what to whom, when, and in what context. A particular problem with long-term leases, therefore, courts in most states refuse to enforce oral agreements after the passage of a year.

Ques. Is there a difference between rental agreements and leases?
Ans. Most definitely, yes! While, a rental agreement is for short-term tenancies, providing tenancy rights for, often 30-days, and is automatically renewed each month, unless and until the landlord or tenant end it, by giving proper written notice. As well, agreement terms can be changed for month-to-month rentals, after the landlord has given adequate notice in writing.

On the other hand, a written lease agreement allows the tenant fixed-term occupancy rights to the rental unit, e.g. a fixed time-frame that can be for anywhere from six months to a year, perhaps, longer, so long as the tenant continues to pay rent and comply with all lease provisos. During the lease term, the landlord cannot raise the rent or change other tenancy terms, unless the tenant agrees.

Unlike, a rental agreement, a lease does not get automatically renewed on its expiry. And, if a tenant continues to stay on after his / her lease expires, with of course, the landlord’s consent, he / she become a month-to-month tenant, who is subject to the rental terms contained in the lease.

If, you are a landlord in a non-rent controlled city and have two tenants signed up on a year’s lease drawing to a close, which leaves you to decide, whether you wish to renew it or let it expire. However, if one roommate offers to renew the lease, stipulating that it should only be in his / her name and would like you to ask the other tenant to move out. Now, what is a landlord to do, if despite repeated phone calls, the second tenant does not return them, nor indicates, whether he / she would like to renew the lease? In a situation such as this, who can blame a landlord for wishing to offer a new lease to the tenant, who is willing to sign on for another year. To play it legally safe, a landlord should keep in mind the following:

When a fixed term lease draws to a close, it ends the tenancy rights of concerned renters. Of course, one can send the tenants a polite note to remind them of the approaching deadline, before they cease to be your tenants. Remember to follow the 30-day notice period even if it is a fixed term lease.

A lease that ends means the landlord is free to rent to whomsoever he / she wishes or desires. A landlord can decline to make an offer of renewal, as long as his / her decision to do so is based on valid business reasons, reasons that are neither discriminatory nor retaliatory in nature. In other words, one cannot refuse to rent to a tenant on the basis of race, religion, etc. etc.; nor because a tenant taking advantage of his / her legal rights, complained to a health inspector about code violations on the rental property.

This advice may not apply to a landlord whose rental property is located in a rent-controlled city. However, if the property is in a rent-controlled city, then a landlord will require ‘just cause’ for eviction or non-renewal of the lease, unless the second tenant does something that justifies eviction. Perhaps, the only way out of this quandary is to offer the place to both the tenants, and ask them to discuss the situation with each other. Before, doing so it would make good sense to check the details of rent-control ordinances to help you out!

On that cautionary note, another bit of advice, to avoid expensive landlord / tenant litigation, take necessary precautions, such as, screening tenants and conducting background checks on prospective tenants. A simple click of the mouse and one can visit www.e-renter.com for tenant screening and background check services.