A legally water-tight lease or a rental agreement in place helps to avoid landlord / tenant disputes and disagreements. If, there is no clear agreement in writing, you can be sure it is a sure-fire recipe for disaster. Every small disagreement, whether over repairs, or charging of a late rent penalty fee by the landlord, or deductions made before handing over his / her security deposit to a departing tenant, all have the potential to escalate into a nasty legal battle. For instance, though a lease’s fine print stipulates a NO PETS policy, the landlord may not have noticed the cat / dog his / her tenant moved in. Well, what happens, when he / she finds out? You may be right, it could either be handled with a notice to remove the pet, or it may end up with an eviction notice, or in court.

This is just one of the few reasons it is necessary to have a lease or rental agreement, signed, sealed and delivered by both landlord and tenant. Not only will disputes and disagreements be avoided when there is a lease or rental agreement in place, the latter also ensure that key issues are dealt with in an appropriate manner. And, the end result is a stable and satisfactory landlord / tenant relationship, which benefits everyone concerned.

Landlords, as well as, tenants should be clear about whether; they should go in for a lease or a rental agreement. They should know, a simple handshake to seal a deal between landlords and tenants is only asking for trouble in case of a dispute or disagreement later on.

Letting out property without a proper rental agreement or lease is asking for trouble. Today, landlord / tenant relationships are complicated, as a result of various laws and regulations that govern all aspects of renting out residential property. These laws have bestowed added responsibilities on landlords, while ensuring tenants get more rights, and they have instituted small claims court that make it easy to take disputes before a judge. This is why all details of a rental agreement should be recorded in a written lease, or else a month-to-month rental agreement. No doubt, you want to know why you need a lease or a rental agreement.

While, there are some landlords who are rather lazy about using written agreements, and a simple talk with a tenant has them taking his / her rental cheque, and giving the tenant their green signal to move in to the rental unit. Though, oral promises are legally binding, it is difficult, if not next to impossible to prove before a judge. Therefore, both landlords and tenants are advised not to take a chance, but rather go in for a completely legal, rental agreement or lease.

A situation may arise, where you as a landlord might find a tenant has skipped out, without paying last month’s rent, taking the keys to the property, while leaving behind a few of his / her belongings. You may well ask, what is to be done with the abandoned items.

No doubt, you are so angry that all can think of is hurling the stuff to kingdom come, however, resist the impulse. Unfair as it may seem, certain laws exist in a number of states, whereby before the abandoned property is discarded, it has to be determined, whether it is worth anything, in order to stay on the right side of the law. As well, the tenant has to be informed about his / her belongings that are in your possession, and which you are intending to sell, unless claimed.

More than a little complicated, it is worthwhile to make sure you know the ropes, to avoid future tenants pulling similar stunts on you. Certainly, who wants to find oneself sued for destruction of property, especially property that has been disposed off, even though it did not belong to you, without heeding the rules?

That apart, landlords should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

What is to be done in a given situation, where a landlord is reluctant to issue rent receipts to a tenant, who is adamant each time a rental cheque is given to the landlord, he / she is issued a receipt for payment received. No doubt, a landlord is justified in being chary about issuing a rental receipt, given the fact he / she is on the move i.e. travelling a lot of the time, as well, there is every likelihood that an occasional cheque may bounce in his / her absence.

The truth is many states require landlords to issue a receipt for rent received from their tenants. It is meant for protecting those tenants who pay in their rent in cash, leaving them no other means of proving the rent was, indeed, paid up, in the event a landlord decides to challenge them on that count. Despite, the fact that these days tenants have begun to pay rental charges via cheques and even credit cards, landlords are still required to issue receipts, if asked. In case, the rental cheque bounces, issuing a receipt to the tenant will in no way hinder your attempts to get the tenant to pay.

Perhaps, the reason why a tenant may be insistent about receiving a rent receipt is, because there are a number of states that give tenants a ‘renters tax credit’, which they can claim when filing their income taxes, and tenants paying in cash require a rent receipt to back their claim for a tax deduction.

How does a live-in landlord enforce a ‘No Pets’ policy, when a tenant moves a pet into the shared accommodation, despite his / her having specified in their newspaper advertisement that a severe allergy to cats was the reason behind a no pets policy for the rental apartment.

Obviously, while the tenant’s apartment is separate from your part of the house, yet, both tenant and landlord living quarters share the same heating system, which means cat hairs make their way into the landlord’s rooms. An in-depth discussion about how miserable your allergic reactions are making your life and how your doctor has advised you to stay away from cat hair and dander, has not convinced your tenant enough to make him / her get rid of the cat. This refusal is making you desperate, however, your tenant has signed up for a year!

Well, what you must bear in mind is that it is not easy to give up a pet, while at the same time cat allergies are not easy to live with. But, your tenant received fair warning, when you made it plain in your advertisement that pets were not allowed. This means he / she is legally bound by this rule, unless you said or did something to make him / her think, otherwise.

For example, tolerating the cat’s presence may make it difficult for you to convince a judge the No Pets policy should be enforceable. Landlords must remember to be prompt in reminding tenants that lease terms are being broken, if they wish to be able to hold their own, in case the matter is taken to court.

Violation of rental lease terms and conditions are considered sufficient grounds for terminating a lease. So, if telling your tenant the cat must be removed has not worked, then you will need to send him / her a written notice asking for immediate cease violating lease terms i.e. find the cat a new home, or else move out. The legal term for this notice is called a ‘Cure or Quit’ notice. If, the tenant pays no heed, a landlord can go ahead and file for eviction. As a rule, most State laws give tenants a set timeframe i.e. three to ten days, in which they have to comply with the Cure or Quit notice. Ultimately, that may do the trick and your problem could be solved with the departure of either the allergy-causing kitty or both, kit and caboodle!

That apart, landlords should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

If, you have a tenant, often and always late with his / her rent payment, tardiness which is explained away as a shortage of funds due to a delay in the arrival of the welfare cheque, even as he / she expects you to wait for the rent till the cheque is received. Trying to confirm the story with the Welfare department will not help, as they will only tell you they cannot discuss recipients of welfare payments with anyone. No doubt, you think it grossly unfair that landlords can get information from employers and prior landlords, so why not from the Welfare department, as well?

However, the public assistance office was right in turning down your request for information, since even welfare recipients are legally entitled to their right to privacy on the subject of personal finances. Employers and past landlords being contacted for information verification is an entirely different matter, altogether. As long as, the questions directed at them are designed to elicit only relevant information about an applicant’s employment or rental history, they can answer truthfully, without fear of legal liability. However, even employers and landlords exercising caution will insist upon getting the rental applicant’s permission, which is also called ‘release’, before they will disclose any information to you.

On the other hand, you do not have to wait for the delayed welfare cheque to arrive before initiating legal proceedings for termination of the tenancy and, if necessary, eviction. Simply, speed things up by issuing a proper notice regarding termination of the tenancy, when you find that rent has not been paid, even long after the grace period for late payments is over.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

It is of vital importance for both landlords / tenants making a checklist of things to be thoroughly reviewed before signing or having a lease signed. A contract, one should understand all the clauses contained in the lease, including how they will impact one. Since, a lease is a contract, it is possible to negotiate changes to it, and if it is a pre-printed lease form, all the more reason for reviewing it very carefully, as there may be clauses that probably weigh heavily in favour of a landlord. Always, best to have a lawyer review it, before putting your signature on leases and contracts. He / she will be able to point out illegal provisions, or explain how others work, whether they are favourable or unfavourable to landlord / tenant, including suggesting changes and additional terms. Ensure the following:

1. Before sub-letting or assigning your tenancy to someone else, do check if your lease allows you to do so. Generally, it won’t, however, in case it does, the clause will state that prior approval of your sub-tenants must be obtained from the landlord. For added measure, you can ask the landlord to add ‘approval shall not be unreasonably withheld’ to the clause.
2. Check the lease to see who is responsible for paying the utilities i.e. you or the landlord.
3. Clarify what are the landlord’s responsibilities, such as, repairs and routine maintenance e.g. shovelling the sidewalk in winter, etc. etc.
4. No doubt, there will a clause in the lease saying the landlord can put a ‘lien’ on your personal property, in case the rent is not paid or you damage the premises. To explain what a ‘lien’ means, it is a right to claim someone else’s property if any stated condition, such as non-payment, occurs. A lien clause gives the landlord the right to take your property away, without having to prove to anybody that you failed to pay rent, or that he / she has suffered a monetary loss. In other words, this clause ensures the landlord does not have to go through formal eviction proceedings. While, most courts may decide that an automatic lien provision cannot be enforced, it would be far better to play it safe and have that clause removed from your lease.
5. After the landlord has agreed to rent to you, insist on a walk-through of the premises with him / her, so that you can see the condition of the rental unit and, whether any repairs need to be carried out. Make your own checklist and get the landlord to sign and initial it with the date, as well as, signing and dating it yourself. Attach it to your lease and provide a copy to the landlord. This document may prove invaluable, if the landlord later, withholds money from your security deposit.

The best tip anyone can give a tenant / landlord is to get everything in writing, and not relying on spoken promises, such as, non-enforcement of some lease clause or the other, such as, a NO PETS provision. All concessions must be obtained in writing and must have the landlord’s signature on them. Write them in the margin or cross the clause out on the lease form, getting the landlord to initial and date the changes.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

It is of vital importance for both landlords / tenants making a checklist of things to be thoroughly reviewed before signing or having a lease signed. A contract, one should understand all the clauses contained in the lease, including how they will impact one. Since, a lease is a contract, it is possible to negotiate changes to it, and if it is a pre-printed lease form, all the more reason for reviewing it very carefully, as there may be clauses that probably weigh heavily in favour of a landlord. Always, best to have a lawyer review it, before putting your signature on leases and contracts. He / she will be able to point out illegal provisions, or explain how others work, whether they are favourable or unfavourable to landlord / tenant, including suggesting changes and additional terms. The next step is to ensure the following:

1. Clauses in the lease relating to terminating a tenancy should be reviewed carefully. One should be aware of how much advance notice is required to be given to the landlord, and whether if you do not give notice on time, is the lease automatically extended for another term.
2. A tenant should also be aware of the consequence of holding-over i.e. not moving out on time.
3. It is also important to check your lease to see it does not contain a ‘liquidated damages clause’ that says if the lease is broken, then automatically you are under obligation to pay the landlord a stated sum of money. On his / her part, a landlord does not have to prove the actual monetary damage caused by the breach of contract, and is a provision that is very unfair to the tenant. In case, your lease contains such a clause, ask your landlord to remove it before putting your signature on it.
4. Knowing rent due dates is also important, whether there are late fees, whether there is a grace period after the due date to pay rent, without triggering late fee charges.
5. As well, you must know the security deposit requirements i.e. whether the state you live in asks for deposit to be returned with interest, including an itemized statement of deductions from the deposit, and if your lease reflects this requirement.

It is of vital importance for both landlords / tenants making a checklist of things to be thoroughly reviewed before signing or having a lease signed. A contract, one should understand all the clauses contained in the lease, including how they will impact one. Since, a lease is a contract, it is possible to negotiate changes to it, and if it is a pre-printed lease form, all the more reason for reviewing it very carefully, as there may be clauses that probably weigh heavily in favour of a landlord. Always, best to have a lawyer review it, before putting your signature on leases and contracts. He / she will be able to point out illegal provisions, or explain how others work, whether they are favourable or unfavourable to landlord / tenant, including suggesting changes and additional terms. Ensure the following:

It is of vital importance for both landlords / tenants making a checklist of things to be thoroughly reviewed before signing or having a lease signed. A contract, one should understand all the clauses contained in the lease, including how they will impact one. Since, a lease is a contract, it is possible to negotiate changes to it, and if it is a pre-printed lease form, all the more reason for reviewing it very carefully, as there may be clauses that probably weigh heavily in favour of a landlord. Always, best to have a lawyer review it, before putting your signature on leases and contracts. He / she will be able to point out illegal provisions, or explain how others work, whether they are favourable or unfavourable to landlord / tenant, including suggesting changes and additional terms. Ensure the following:

It is of vital importance for both landlords / tenants making a checklist of things to be thoroughly reviewed before signing or having a lease signed. A contract, one should understand all the clauses contained in the lease, including how they will impact one. Since, a lease is a contract, it is possible to negotiate changes to it, and if it is a pre-printed lease form, all the more reason for reviewing it very carefully, as there may be clauses that probably weigh heavily in favour of a landlord. Always, best to have a lawyer review it, before putting your signature on leases and contracts. He / she will be able to point out illegal provisions, or explain how others work, whether they are favourable or unfavourable to landlord / tenant, including suggesting changes and additional terms. Ensure the following:

1. Check to see how long the lease runs for. Typically, one year is the usual though some landlords prefer to rent month-to-month, giving both tenant and landlord greater flexibility. This kind of lease is ideal for students or those whose job requires them to move a lot.
2. Legal terms are used in leases and contracts, and a tenant may find himself / herself referred to as a ‘lessee’, while the landlord is referred to as the ‘lessor’, and the rental space is referred to as the ‘premises’ or ‘leased premises’.
3. If, you run a home-business, check to see if the lease prohibits you from doing so from your rental unit.
4. As well, a landlord may include a clause that limits the number of people who can reside on the premises.
5. And, if you have a pet, look to see if there is a NO PETS clause that prohibits you from keeping one. Best to discuss it with the landlord before signing, in case you wish to bring along Rascal or Scandal. It is just possible the landlord may agree to drop that clause.

Tenants often come together to form a group or tenant association / organization made up of people living, either in a certain building or development, or else a larger scale membership involves those belonging to a county or citywide local tenants’ association. These associations are formed keeping a number of goals in mind, including:

1. Ensuring tenants are informed and up-to-date on their legal rights under local, state, and federal laws.
2. Organising lobbies for taking up cudgels on behalf of tenants and their rights, especially at city and county levels of government.
3. As well, for improving the relationship between tenants and landlords, the conditions of rental buildings, and services for tenants.
4. Tenant organisations also encourage regular communication and community awareness among tenants.

Right to Organize

Usually, periodic meetings are held by tenant associations in order to encourage active tenant participation, and for promoting awareness amongst tenants of the role played by the association and the services provided.

Just as, employees who join a labour union cannot be stopped or discriminated against for doing so, similarly federal and state fair housing laws prohibit landlords from taking any negative action, in case a tenant participates or obtains membership in a tenant association or similar organization. Prohibited landlord behaviour includes:

1. Random increases in rent;
2. Necessary repairs refusal;
3. Eviction threats.

In addition, landlords cannot prevent tenant associations from holding meetings in a building’s common areas, if other groups are permitted to do so, so long as meeting conditions (i.e. time, place, noise level) are reasonable.

Get Involved

If, you are a tenant in a large residential building or development, or if you rent your home in a mid- to large-size city, why not take the opportunity of getting involved in a tenant association or organization. You can find out more about it by contacting your city’s housing department.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!