If, you are thinking of getting a roommate to share some of the high rental burden, you can make sharing a lot easier by taking time out to learn all about a roommate’s legal rights and responsibilities. A fun, party loving roommate will not necessarily turn out to be a roommate, with whom it would be a pleasant experience to share accommodation. Before, agreeing to share your rental unit with anyone, do consider, whether your potential roommate’s personality, health habits and lifestyle, earnings and budget, friends – as in, birds of a feather flock together, kind of thing; including pets, if any, jive with you.

Once, potential roommates pass muster, do draft an agreement, putting everything in writing, right from how the rent, utilities and security deposit will be split, to house rules relating to pets and pet security deposits, to whether, shared accommodation is to be a smoking or non-smoking zone, and if not, a smoking zone should be demarcated. As well, identify partying hours and drug use or lack of it, thereof, late hours and noise, whether, overnight guests are allowed, and if so, how often. Last, but not least, lay down the sharing of household chores by chalking out a cleaning schedule.

As for a landlord, he / she should ensure all roommates have signed the rental agreement, as that will make each, individually responsible for paying the entire rent, each month. And, if a tenant has already signed a lease and moved in, and later decides to take on a roommate, it should all be done with the landlord’s approval.

No doubt, the landlord would like to screen his / her potential tenant, checking out his / her credit score, as well as, getting both security and pet deposit, from the new tenant add-on. Perhaps, the landlord may also like to raise the rent, as there is an additional person occupying the rental property. He / she may also wish to draw up a new lease, to ensure all co-tenants signing it are responsible for paying the rent and for looking after his / her property.

The new lease will ensure that all of them are equally liable for non-payment of rent, excessive noise or any damage to the property. Therefore, any roommate who is tardy in paying his / her rental share should be encouraged to move out as quickly as possible, while the search begins for a more suitable one.

Any damage caused by a roommate should be made a clean breast of, and playing the role of a perfect tenant by co-operating with your landlord in getting the damage repaired, may let you off the hook. Then too, you, by yourself cannot evict an irresponsible roommate, but assisting the landlord can make it easier to do so. And, in case, a roommate becomes violent during the eviction process, you can always file an anti-harassment or domestic violence order for self-protection.

As for landlords, they should view taking of necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring whatever is promised in the rental lease is provided, 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!

The Fair Housing Acts legislated by the government and valid in all states across the country prohibits landlords from engaging in discriminatory behaviour on the basis of race, religion, or any other protected group:

• To falsely deny a rental unit is unavailable to some applicants
• To advertise in a manner that indicates clear preference based on group characteristics i.e. skin colour, or
• To set a more restrictive standard, such as higher income for certain tenants
• Refusing to make reasonable accommodation for disabled tenant needs, such as, permission for permitting guide or hearing dogs, including any other service animal.
• To set different terms for certain tenants, such as, adoption of an inconsistent policy of responding to late rent payments, or
• Of terminating a tenancy for a discriminatory reason.

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 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!

There are state laws that ensure landlords do not discriminate against tenants when renting out their property. Therefore, as a landlord it behoves you to follow the state’s fair housing laws that specify, it is illegal to refuse to rent to a tenant, or reject an applicant on the basis of his / her race, religion, ethnic background, sex, or even because the applicant comes with children or a disability. As well, there are some state and local laws that prohibit discrimination on the ground’s of a person’s age, marital status or sexual orientation.

A landlord can freely choose from amongst prospective tenants, so long as his / her decision complies with fair housing laws and choice of tenant is based on legitimate business criteria. For example, it is perfectly legal for a landlord to reject someone who carries a poor credit history, is the recipient of insufficient income, and therefore, may not be able to pay the rental amount asked by you. Or, if past behaviour, such as, damaging property, etc., which no doubt, makes the individual a bad risk. Another, legal basis for refusing tenants is the valid occupancy policy that limits people count per rental unit, and is clearly tied to reasons of health and safety.

Landlords must keep in mind that selection standards, such as minimum income and good credit report are applied equally to all tenants.

What every landlord wishful of getting rid of an unwanted tenant should keep in mind, is that they can be subject to penalties for changing locks or cutting off utilities, in order to force a tenant to vacate the rental property.

No doubt, as every landlord will agree, there are occasions when tenants may sorely test your patience, tempting even a saint to bypass normal legal procedure, and take direct and immediate action to safeguard his / her rental property. Take for example; a tenant’s repeated destructive behaviour may push a landlord to consider replacing the locks and slinging the tenant’s property out on the street. Or else, if a landlord is the one responsible for paying the utility bills, may simply stop paying the bill, hoping lack of water, gas, or electricity will compel the tenant to move out.

However, no matter how bad the situation, landlords should not take matters into their own hands thinking the egregious conduct of the tenant excuses your behaviour. Nonetheless, the tenant not paying rent, leaving the property in a mess, hurling verbal abuses when approached, or otherwise acting outrageously does not constitute as valid defence. In fact, such behaviour may well land a landlord on the wrong end of a lawsuit for not only trespass, but assault, battery, slander or libel, intentional infliction of emotional distress, and wrongful eviction. Defending this lawsuit will prove far more expensive than evicting a tenant by going through the regular legal channels.

Landlords or managers of rental property should not attempt to take the law into their own hands. Taking the short route by threatening, intimidating, cutting of utilities, or attempting to physically remove a tenant is illegal and can prove to be dangerous. So, even if the eviction process may entail considerable expense and delay, it is the only kosherly legal game in town.

Often, when landlords return security deposits, they end up being sued without adequate cause, by tenants claiming their security deposit amount has not been returned, or else too little of it has been refunded. This, despite the fact, landlords give itemised lists of much-needed repairs. And, to top it all, they have the audacity to claim not only payment of the security deposit in the small claims court, but payment for grief and time, including gas and miles. Well, you as a landlord, tell me, does the tenant deserve all that? Frankly, no, only in a far stretch of imagination! One can only recommend you prepare well before going to the small claims court. Remember, it is not what you say in court, but what you bring with you that will count, ultimately. Ensure you have pictures of the damage, receipts for repair work carried out, as well as, estimates for materials costs.

All in all, all this means, you are pretty well prepared, however, in court you will need to prove to the judge, the damages, you have had repaired, were not there, at the time the suing tenant moved in. You will have to show the judge with evidence that a considerable amount has had to be spent on necessary repairs, repairs that are not a part of normal wear and tear, when the tenant vacated your rental property. As well, following state procedure, you provided him / her with itemised deductions, including refunding the balance of the deposit. Do bring receipts, photographs, and helpful witnesses, if any to the court with you. Witnesses do not necessarily have to appear in person, a signed declaration on their part will probably be sufficient.

Impress the judge of the reasonableness of your nature; be calm, factual, and as succinct as possible, at the time of making your presentation. It is highly unlikely, transportation costs will be awarded to the tenant, in the eventuality he / she wins. Rest easy, play it cool and calm and you may find the ruling in your favour!

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.

Before drawing up a lease or rental agreement, a good question to ask is what terms should be included in it. An agreement sets down rules for landlords and tenants to follow during a rental relationship. Rental agreements are not only legal contracts; they are also practical documents containing critical business details, such as, duration of the tenancy, monthly rental, and more. Lengthy or brief, professionally typed or brief, rental agreements should cover basic tenancy terms, including the following points:

1. Names of all the tenants. Every adult renting a unit, including both halves of a married or unmarried couple, should be named as tenants and made to sign the lease or rental agreement. This ensures each tenant is legally responsible for all agreement terms, including full rental amount and correct use of the rental property. This means, if one of the tenants is unable to pay rent or skips out; legal redressal for the entire rent can be sought from tenants that remain. As well, if one tenant violates an important lease term, the tenancy for all tenants on that lease or rental agreement can be terminated.
2. Occupancy limits. The agreement should clearly specify the rental unit is only to be occupied by those tenants, whose name and signature is on the lease, including minor children, if any. This guarantees a landlord’s right to determine who has the right to live on his / her property, as well as, allowing him / her to limit the number of occupants. This clause provides a landlord sufficient grounds to evict a tenant who allows an unauthorized person to move in, or even sublets the unit, without permission.
3. Tenancy Duration. All rental documents should state, whether they are rental agreements or fixed-term leases. Usually, rental agreements run month-to-month and automatically self-renew, unless and until terminated by a landlord or tenant. On the other hand, leases, typically last a year.
4. Rent: Each lease or rental agreement should specify the monthly rental amount, its due date (typically, the first of the month), its mode of payment, i.e. by mail or in person. Avoid unnecessary confusion and disputes by clearly specifying the minutest details, such as:
   1. Acceptable payment methods (e.g. personal cheques only)
   2. Whether, late fees will be charged for rent not paid on time, the fee amount, and grace period, if any.
   3. Charges for bounced cheques.
5. Security deposits and fees: Security deposits are a frequent source of friction between landlords and tenants, therefore, a lease or rental agreement should be clear on the following points, to avoid legal problems later on:
   1. The amount that is to be charged as security deposit, which should comply with the maximum amount set by state law.
   2. What the deposit will be used for i.e. damage repair, and what it may not be used for i.e. the tenant applying it to last month’s rent.
   3. When and how the security deposit will be returned after accounting for deductions, after a tenant moves out.
   4. Any legal non-returnable fees, such as, for cleaning or damage caused by pets.

   Details of where the security deposit is being held and, if interest incurred on the security deposit will be paid to the tenant, should also be included in the rental agreement.

6. Repairs and maintenance: Avoid problems resulting from rent-withholding by clearly setting out landlord / tenant responsibilities for repair and maintenance in the lease or rental agreement, including:
   1. Tenant’s responsibility to keep the rental premises clean and to pay for any damage caused by abuse or neglect.
   2. The tenant should be responsible for immediately informing about any defective or dangerous conditions on the rental property. And, the agreement should also contain the specific details on your procedures for handling complaint and repair requests.
   3. Specify your restrictions on tenant repairs and alterations without permission.
7. Entry to rental property: To avoid tenant claims of illegal entry or violation of privacy rights, the lease or rental agreement should clarify a landlord’s legal right of access to the property for making repairs, or if the tenant is moving out, for showing it to prospective tenants, by stating how much advance notice will be provided to the tenant before entering.
8. Restrictions on tenant illegal activity: There should be an explicit clause in the lease or rental agreement that prohibits residents from indulging in disruptive behaviour, such as excessive noise, including illegal activities e.g. drug dealing. This will help avoid trouble from other tenants, prevent property damage, and limit exposure to lawsuits from residents and neighbours.
9. Pets: A rental agreement should be clear on the subject of a landlord’s No Pets or Pets Allowed policy. If, pets are allowed, identify any special restrictions, such as, a limit on the size or number of pets, or that the tenant will keep the yard free of doggie poop.
10. Other Restrictions: Ensure the lease or rental agreement complies with all relevant laws, including rent control ordinances, health and safety codes, occupancy rules, and anti-discrimination laws. Comply with all state laws, such as, setting security deposit limits, notice requirements for entering rental property, tenant subletting or additional roommates rights, rules for changing or ending a tenancy, and specific disclosure requirements, such as, past flooding or lead / asbestos in the rental unit.

Other legal restrictions, such as, limits on the type of home business that a tenant can run from the rental property, including important rules and regulation governing parking and common area usage should also be specifically mentioned in the lease or rental agreement.

Before renting out property, landlords must make it a point to understand federal and state laws to avoid legal hassles, later on.

To be a successful landlord, one requires a lot of practical, business know-how, and of course, familiarity with the rental market. As well, since federal and state laws closely regulate almost every aspect of the residential or commercial rental business, if a landlord is not aware of the rules, he / she could land himself / herself into legal trouble. A landlord should always keep in mind the following, when renting out his / her property.

1. Under no circumstances should generic or outdated lease forms be used. While, every landlord knows it is important to have a written lease or rental agreement, using the wrong form could spell trouble. Avoid the ‘standard’ forms sold everywhere, as likely as not; they do not comply with state laws. By using the wrong form, you could end up short-cutting tenant rights, which could lead to finding yourself at the losing end of a lawsuit. Then too, sometimes some standard forms will actually impose greater obligations and restrictions on a landlord than the state’s law dictates!
2. Be careful not to ask the wrong questions while screening prospective tenants. Tenant screening is the most important aspect of a rental business and poor tenant selection can result in unwanted headaches, such as, non-payment of rent, trashed or damaged property, perhaps, worse. However, questioning rental applicants, even in the most well-meaning manner about a disability, or whether a couple is married, could be termed as illegal forms of discrimination. If, the applicant is rejected, even though the rejection has nothing to do with questions asked, a disappointed tenant may use them to lodge a complaint with the fair housing watchdogs.
3. Do not set policies that discriminate against families with young children. Remember, discriminating against families and excluding them, because children cause more wear and tear, and a ‘mature, quiet’ environment is preferable is absolutely illegal. And, while a landlord is allowed to limit the number of residents in a unit i.e. two occupants per bedroom, in most situations, the same standard cannot be applied in a different manner, to prevent renting out to a family with young children. This type of discrimination could also end up with a trip to a lawyer’s office, to deal with a fair housing complaint.
4. Avoid making promises that can’t be delivered on. Don’t stretch the merits and benefits of your property. While, it may be necessary to do so in a competitive rental market, try to understand your enthusiastic promises can become binding, if an applicant’s decision to rent your property is based on them. For example, if you assured the applicant your rental property provided parking space, satellite service, or a new paint job; ensure that is exactly what they get. If, after renting a tenant does not get what has been promised, he / she is legally entitled to break the lease, or even sue for the difference between, the services promised and those delivered.
5. Avoid excessive late fee charges. While, late fee charges are powerful enough to motivate tenants to pay rent on time, don’t cross the line, by setting fees that have little bearing on actual damages suffered, when a tenant pays rent late. Far better a modest fee that reflects your true damages, while dealing with chronic late-payers by serving them with pay-or-quit notices.
6. Do not violate a tenant’s rights to privacy. Despite, detailed state rules as to when, for what reasons, and with how much notice a landlord may enter a tenant’s rental unit, many landlords still stop by unannounced and ask to check things over, or perform on-the-spot repair, or show the place to prospective tenants. Repeated tenant privacy violations excuses a tenant from being bound or obligated to your rental lease terms, and if he / she goes to court, the result could be the court asking the landlord to pay damages in currency.
7. Do not use security deposits for any other unrelated purpose. The basic rule is that security deposits are only to be used to cover damage beyond wear and tear, necessary cleaning of the rental unit, and unpaid rent. Beyond that, they cannot be used to cover appliance upgrades, cosmetic improvements and other refurbishing.
8. Do not ignore dangerous conditions in and around the rental unit. In every state, landlords are required to offer and maintain housing that meets basic health and safety standards, in compliance with state and local building codes, health ordinances, and landlord-tenant laws. Failure to take care of important repairs, deal with environmental hazards, or respond when your property has become an easy target for criminals, can result in tenants breaking the lease, or withholding the rent, or making repairs themselves, deducting the expense from the rent. Failing to make a rental property secure in the face of repeated on-site crime can result in court orders to compensate the tenant-victim, in the face of another crime.
9. If, a tenant breaks the lease, do not make the mistake of keeping the security deposit. Landlords tend to keep the entire security deposit in the event a tenant breaks his / her lease and leaves early. They reason a tenant’s bad behaviour is adequate justification for doing so, and that ultimately it is needed to cover the rent. This is illegal in most states, as a landlord is required to take reasonably prompt action to re-rent, crediting any new rent toward the tenant’s obligation for the rest of the lease.
10. Ensure the security deposit is returned as the law demands. Use security deposits properly, and return them according to state laws. Many states have deadlines for landlords to itemise their use of the deposit and to return the balance.

If, you are a landlord with extensive rental property, sooner or later, you are bound to end up in need of legal assistance. Once you have zeroed in on a lawyer with extensive experience on landlord-tenant and rental property issues, it would be a good idea to discuss and agree upon fees and fee arrangement, during your initial meeting with him / her. The fee agreement should clearly set out services expected of the lawyer, type of fees, and what the lawyer expects you to pay. As well, the agreement should identify the handling of costs, including an explanation of the lawyer’s billing practices.

While, discussing lawyer fees and costs, you should cover the following topics:

1. Type of Fee Arrangement: How is the lawyer going to bill you? Will he / she bill you on an hourly basis, or is it a contingency fee arrangement, or will you have to pay a retainer fee?
2. Permissible Cost Types: It should be absolutely clear which costs are to be passed on to you e.g. whether you will pay for photocopying, if so how much per page? Will electronic research charges be reversed to you? Before proceeding, ascertain you both are in agreement as to the costs to be paid by you, and the rate at which you will pay them.
3. Fees and Costs Estimation: If, you are hiring a lawyer for an eviction case or some such matter, find out what the case will cost? The exact amount of time and effort required to handle your case may not be easily determined, but the lawyer should be in a position to give you a fair estimate of both fees and costs based upon past experience.
4. Frequency and Detail of Billing: Also, find out how often the billing will be done and, whether interest or other charges will be added to unpaid amounts. Ensure your lawyer’s bills include service details along with itemisation of costs. In case, the lawyer is working on a contingency arrangement, you need to know how often he / she will bill you for costs, and when you will receive payment for favourably resolved cases.
5. Basic Charges: In case, your lawyer charges by the hour, find out the minimum billing segment, whether it is one-quarter or one-tenth of an hour, or what? For example, you may be billed for a tenth of an hour (six minutes), just for a simple three minute telephone call. Check with the lawyer, whether work done by others i.e. associates, legal assistants, or paralegals, will also be billed to you.
6. Control: Check out how much control you will have over legal fees and expenses? In case you want to be notified after fees and expenses reach a certain amount, let the lawyer know, the same goes for notification before the lawyer incurs an expense over a certain amount?

Take notes during your meeting with the lawyer, in order to be aware of what has been agreed upon, and based on your discussions, the fee arrangement should be put in writing. Most lawyers have pre-printed fee agreements to be signed by clients. If, the agreement does not include the terms discussed, ask the lawyer to change the phrasing, ensuring the agreement states clearly what has been agreed upon by both you and the lawyer.

However, landlords can avoid unnecessary litigation by screening prospective tenants and employees, as well as, conducting background checks, simply by visiting www.e-renter.com for tenant screening and background check services.

Landlords, while renting out their house or apartment to tenants enter into rental or legal agreements, leaving them open to face the possibility of potential legal issues and disputes arising out of such arrangements. In most cases, sooner or later the need for assistance from a competent landlord-tenant lawyer arises, and a good lawyer can be a true asset for landlords seeking to protect their legal rights.

You may well ask, what is the need for a lawyer? Well, a landlord may need help on anything relating to rental issues, right from help in reviewing or negotiating the terms of a lease or rental agreement. As well, if a landlord is facing the prospect of evicting a tenant, or filing an unlawful detainer suit, or has been accused of committing a fair housing violation, engaging an experienced landlord-tenant lawyer to work for you, can only help achieve success in your mission.

There e are many ways an experienced Landlord-Tenant Lawyer can help a beleaguered Landlord. If, a landlord is involved in a legal dispute with a tenant, or is concerned about his / her legal rights and obligations any time during a landlord-tenant association, the best thing is for him / her to speak with a competent lawyer, who has extensive experience in landlord-tenant law. He / she will evaluate the case according to current laws, ensue your legal rights are thoroughly and completely assessed, as well as, protected. Whether, one has to go to court for an eviction, or simply needs to ask how to properly word a water-tight rental agreement, a lawyer can lawyer can always explain the situation, including address your concerns.

In case, a lawsuit becomes necessary, whether you are a plaintiff or a defendant, a knowledgeable landlord-tenant or real estate lawyer can act on your behalf. Only he / she can research, review and understand legal documents, interview witnesses, collect records, confer with expert consultants, plan a legal strategy, and negotiate with tenants, tenant associations, insurers, and the opposing counsel to strengthen your position and obtain the best possible results.

While, it is always best to avoid expensive litigation, situations do arise with unsavoury tenants, who may cause extensive damage to your property or indulge in illegal or criminal activities. Rather than, be intimidated by their refusal to move out, a landlord who has with his / her rental property at stake, has no option but to get the law to work for him / her. It becomes vital to engage a lawyer specialised in and with experience in handling such kind of cases.