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Consumer Guide: Landlord/Tenant Disputes

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From 8 On Your Side of News Channel 8

Published: April 2, 2008

IS A WRITTEN LEASE FOR A RESIDENCE NECESSARY?

A written lease is not required, but it is a good idea because a lease defines what the landlord (owner) and the tenant (renter) must do.

WHAT HAPPENS IF I BREAK A LEASE?

You may be sued depending upon the provisions of the lease. You may be liable for unpaid rent, advertising expenses, court costs, attorneys' fees, etc.

HOW MUCH NOTICE MUST A LANDLORD GIVE THE TENANT TO MOVE OUT OF THE RESIDENCE?

Once the tenant vacates a premises, the landlord has 15 days to refund the security deposit or send a certified letter to you imposing a claim on the deposit and stating the reason and amount of the claim. If the notice is not sent as required, the landlord forfeits his/her right to impose a claim. If a pet deposit is required, it must be stated in the contract if it is non refundable.

If you, as the tenant, fail to give the landlord appropriate notice to vacating, such failure may release the landlord from these responsibilities.

SHOULD A TENANT GET INTEREST ON A SECURITY DEPOSIT OR ADVANCE RENT?

A landlord may hold a security deposit or advance rent in a separate non-interest bearing account with the tenant receiving approximately 5% per year simple interest. The landlord must notify the tenant in writing within 30 days of receiving the security deposit or advance rent how and where the money is held.

DOES THE LANDLORD HAVE A RIGHT TO ENTER THE TENANT'S RESIDENCE?

The landlord or those hired to perform work for the landlord may enter the residence from time to time to inspect or make repairs. The landlord may also enter the residence without the consent of the tenant, in case of emergency, when the tenant unreasonably withholds consent, or when the tenant is absent from the dwelling for a time equal to one-half of the rental period.

WHAT MUST THE LANDLORD DO TO MAINTAIN THE PREMISES?

While you rent, the landlord is required to:

1. Comply with building, housing and health codes.

2. Keep the roof, windows, screens, floors, etc., in good repair

3. Exterminate rats and bugs, supply locks and keys, heat in the winter and provide running and
hot water.

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