NationalEvictions Blog – Learn Through Industry Articles about Legal Services, Laws and the Eviction Process.

Now let’s get to some of your Eviction Questions:

Now let’s get to some of your Eviction Questions:

  • Posted: Nov 30, 2021
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Now let’s get to some of your Eviction Questions: 

 

 

 

Do I need a Lawyer to file the Eviction,. 

How Landlords can file there own Eviction. 

The Eviction Process.

What are the Landlord & Tenant Laws in my State.

How much will an Eviction Cost.

What Forms are needed.

 

As Landlords ourselves, We had to go back and forth from one site to another to find all the information about owning property and dealing with Tenants. We could not find one website that had the required information in one place.  So We started NationalEvictions.com to help the many Landlords and Tenants with Everything needed for Evictions. We added Directories to help Clients find the Top Companies in Every State!

 

1. Do I need a Lawyer to file the Eviction ?

 

If you choose to hire a Lawyer in your State, You can find one on our Directory of Eviction Lawyers on our National Directory. Please Choose your State then your County and Lawyers in that County are available to help you with your Eviction.

*Landlords can Serve the 3, 7, 15, and 30-Day Notice’s to the Tenant. They can also file an Eviction if they wish. You will have to wait as to the type of notice given to the Tenant. They can File the Eviction on there Own. This is called “Pro Se”.  You as a Landlord can Do your own Eviction Just follow the Process for an Eviction in your State. Corporations should hire a Law Firm for Evictions.

 

2. What are the Landlord & Tenant Laws in my State ?

 

      All Landlords should read the Laws in the State your property is located in, below you will find the links to the Laws & State Statutes in the every State in the US. 

Each State has Separate Sections for Landlord & Tenant Laws. The best place that we found for all of the Information is by Going Directly to The State’s Web Sites.

This is The Official Websites linked to each States Laws for Landlord/Tenants, Property, Real Estate Laws in every State.

 

3. How do Landlords File their Own Evictions ?

 

First: You will need to serve the Tenant with some kind of Notice to Quit. (if you serve the Tenant 7, 15 or 30 day notice you must wait that amount of days as per your notice before you can file an Eviction. Give the Tenant the number of days (Excluding weekends and Holidays). Please keep a Copy of this notice you will need this when you file the Eviction with the County Clerks Office.

Secondly: You will need all the Forms for the Eviction, You can buy all the Official Court Forms, Download them and save them to your computer, Fill in all of your information then save them and use over and over again.

 

Find Forms to Start and File Evictions:  Download the Required Forms for an Eviction

 

 

4. Where do i File the Eviction in my County ?

 

Fill out all the Forms and bring them to the County Clerks office in your State/County, for a list of the Clerks office that is closest to you can find them on our Directory of Clerks offices and Courthouse locations:

Directory of County Clerk of Courts Locations in your State. – At the Clerk’s Offices Landlords can Pay the Clerk the Eviction Filing Fees and Then have the official court documents served to the Tenant(s).

 

*It is our Suggestion to have these Court Documents Served to the Tenant using a Private Process Serving Company in your State. You can find a company to serve the Official Court forms to the Tenant(s) on our National Directory of Process Servers  On our Directory find a Process Server to Serve the Summons & Complaint to the Tenant. A Private Process Server will make more attempts to Serve the Official Court Documents to the Tenant and give to you the Return of Service Paperwork which you can bring to the courts showing Service has been properly completed in the eviction case.  When you are filing the Default Paperwork or Filing for Damages on the Tenant. The Return of Service in an important Document.

 

Next: After you have the Tenant Served, You must wait the Required number of days not including Weekends & Holidays in your State, (usually 5 days) 2 things can happen.  The Tenant Files an Answer to the Eviction or the Tenant does not file anything.

You will be notified from the Courts as to the Date of the Court Case and you will receive a copy of the reply from the Tenant in the Mail, to the Address that you listed on the Summons. Bring all your Proof with you when you have the Hearing.

*Tenant May File for a Hearing for Rent Determination Stating that they think that they don’t owe this amount? to the Landlord. Either way Make sure that you bring all of your Records, Proof with you to show the Judge how much Rent that is owed. ( and pleas make sure if you are a Landlord or property manager you always give a receipt to the tenant when they pay you any part of the rent, note: date, time and amounts collected and keep your copy)

If the Tenant does not File any Answer to the Courts within the number of Days allowed in your State via the Eviction after being served, You can bring to the Clerk of Courts the Default Paperwork and Ask to get the Default on the Tenant and Ask the Judges to issue a Writ of Possession (sometimes called the 24Hr Notice) thus getting them out and giving you the Apartment Back in your control.

 

 

LANDLORDS:   DO BACKGROUND CHECKS ON NEW TENANTS, CHECK WITH THE COUNTY CLERKS OFFICE IN YOUR COUNTY ( SEE IF THEY EVER HAD AN EVICTION BEFORE YOU RENT TO THEM), TAKE PICS OF UNIT BEFORE YOU RENT IT TO ANY TENANT, THIS WILL HELP LATER IF A TENANT HAS ANY QUESTIONS WHEN THEY LEAVE A UNIT ex: THIS WAS PREEXISTING YOU CAN SHOW WHAT IT LOOKED LIKE BEFORE YOU RENTED IT TO THEM.

NationalEvictions.com maintains the highest level of legal information and by vetting top companies that become part of the National Eviction Network,  Our goals are to aid Property Owners and Landlords throughout the United States with Serving the Notice to Quit, Filing of Eviction Official Court Forms and Serving the Eviction Documents to the Tenants.

NATIONALEVICTIONS.COM

 

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Landlord harassment and examples of tenant harassment., how to remedy the situation.

Landlord harassment and examples of tenant harassment., how to remedy the situation.

  • Posted: Sep 30, 2021
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Landlord harassment and examples of tenant harassment

 

Landlord harassment is when the landlord creates conditions that are designed to encourage the tenant to break the lease agreement or otherwise abandon the rental property that he or she is currently occupying. Landlord harassment is a specific set of behaviors that the law recognizes and landlords can be punished for this kind of activity.

While sometimes it is hard to prove landlord harassment, more and more courts are recognizing this kind of behavior and imposing the appropriate legal penalties when the issues are brought to court.

 

10 Examples of Landlord Harassment

  1. Failing to perform maintenance tasks in a timely and responsible manner
  2. Withholding amenities that were previously allowed, such as pool privileges or landscaping services
  3. Notices of improper conduct that are made up or exaggerated
  4. Notices of improper conduct that single out the tenant while violations from other tenants are ignored
  5. Refusing to accept or otherwise acknowledge proper payment of rent
  6. Entering the property without just cause or proper notice, often repeatedly
  7. Creating a nuisance (like loud noise or throwing trash) that disrupts the tenant’s ability to quietly enjoy the rental unit
  8. Deliberate destruction of tenant’s property
  9. Threats of financial injury, such as reporting to a credit bureau or refusing to provide positive references to future landlords
  10. Physical intimidation and threats of physical violence

Landlord harassment often happens when landlords feel like they cannot wait for proper methods to raise the rent or not renew lease agreements. Many cases happen where landlords want to get rid of current, lower rent tenants in favor of higher paying newer tenants.

Landlords who resort to these actions are often trying to avoid the expense of eviction and the hassle of removing a tenant in the proper, legal way.

Even if the tenant is violating the lease agreement or the landlord has decided not to renew the lease agreement when it expires, there is no excuse and no valid reason for landlords to harass tenants.

 

 

Examples of Tenant Harassing Landlord:

  1. Tenant refuses to pay rent citing repair issues
  2. The landlord constantly receives noise complaints about the tenant
  3. The tenant sends threatening emails or texts to the landlord
  4. The tenant pays rent in large amounts of change
  5. The landlord goes through the proper procedures to raise rent and the tenant refuses to pay or leave the rental
  6. The tenant violates the warranty of habitability of other tenants
  7. The tenant shows up at the landlords home
  8. A tenant assaults the landlord
  9. The tenant refuses to follow parking guidelines
  10. The tenant claims to have sent cash by mail for the rent and refuses to pay rent now

 

Landlord Retaliation

Another aspect of landlord harassment happens when the tenant has complained about the landlord to the building owner, an apartment association or government agency.

It’s called landlord retaliation and is recognized by the law as behavior designed to punish a tenant for properly filing a valid complaint or organizing or joining a tenant union or similar group. Tenants can also be protected from vengeful landlords if they properly withhold money from rent for repairs based on their state’s laws.

If the tenant has issued a complaint about something a landlord has done or has not done, some landlords may feel offended or angry and set out to punish the tenant. In addition to the behaviors described previously, landlords often retaliate by starting the eviction process, raising the rent or changing something about the terms of tenancy.

Other retaliatory acts might include restricting or decreasing services. Although these things are perfectly acceptable for landlords to do when there are no issues between them and the tenant, they can be seen as an act of retaliation when performed soon after a tenant complaint.

The courts automatically recognize such action taken by a landlord (typically within six months) after tenant action as retaliation. Therefore, if the tenant complains, the burden of proof is up to the landlord to show that their actions are not in retaliation for what the tenant has done.

The landlord would need to convince the court that they would have taken that action (raise the rent, not renewed the lease agreement, etc.) regardless of what the tenant’s actions were. If the action takes place some time and distance away from the tenant’s protected action, it can still be proved to be retaliation but the burden of proof shifts to the tenant.

 

What to do if landlord is harassing tenant?

In most cities there is usually an organization that represents tenants and their rights. A quick local Google search should reveal if this is the case in your area.

Services like these are a good step if normal remediation techniques are not working or the tenant or landlord is being abusive.

 

The Bottom Line

It’s against the law to use intimidation, coercion or harassment to attempt to get a tenant to vacate a rental property. It’s also against the law to punish a tenant for a protected action.

To protect themselves from accusations, it’s important for landlords to keep copies of all notices, letters, rental agreements, and more. It’s also a good idea to write down summaries of phone conversations, note witnesses to conversations and otherwise document questionable actions.

For example, if a tenant makes a complaint to a government agency and the landlord was planning on raising everyone’s rent a few months later, he or she should document that all rents were raised, not just the particular tenant’s rent.

Recognizing what kind of actions and behavior could constitute harassment is a critical component for landlords to understand in successfully managing a rental property. Avoiding harassment, even if unintentional, is the best way to deal with tenants and landlords should instead choose the proper, legal methods to manage their rentals.

 

 

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“South Florida could become the worst place in the country for renters by the end of the year…”

“South Florida could become the worst place in the country for renters by the end of the year…”

  • Posted: Sep 17, 2021
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South Florida could become the worst place in the country for renters by the end of the year, partly because wages don’t keep up with exorbitant rent increases. a new forecast shows.

Renters here are likely to devote 40% of their income to rent by the end of the year, according to a forecast by Zillow, an online real estate marketplace that studies real estate trends.

That would be a full percentage point above June and well over the 30% that financial advisers prescribe.

 

“It’s going to become the most unaffordable rental market in the country as the end of the year comes as rent prices and renters’ incomes are unable to keep up,” said Zillow economic data analyst Nicole Bachaud.

Wages in South Florida have increased a little, but not as much as the national average and not as quickly as rent increases, said Ken H. Johnson, real estate economist with Florida Atlantic University.

Wages and salaries grew by 2.9% in South Florida between June 2020 and June 2021, compared with 3.5% nationally, according to the U.S. Bureau of Labor Statistics. Meanwhile, the consumer price index for housing in the area rose by 3.5%.

“The wages that are being paid have little bearing on a worker’s ability to pay that monthly rent, “said Dr. Edward Murray, associate director with the Jorge M. Perez Metropolitan Center at Florida International University.

Service workers, the bulk of South Florida’s workforce, have received only a few dollars in wage increases per hour, while rents have risen steadily, Murray said.

For example, rents for apartments in Fort Lauderdale increased 17% over the past year, while West Palm Beach rents increased by a little over 18%, according to data from Apartment List, an online marketplace for apartment listings. Miami saw a 19% increase in rents over the past year.

To afford a place to rent, some people are turning to cosigners for a lease or adding a roommate to the mix, said Carolina Gerdts, executive vice presidnet for RelatedISG Realty.

The discrepancy between wage growth and rents has forced many renters to be “silently evicted,” Murray said — meaning they were forced to leave because they couldn’t afford a lease as the price increased, Murray said.

 

 

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Learn how long you must keep a tenant’s abandoned property in your state.

Learn how long you must keep a tenant’s abandoned property in your state.

  • Posted: Jul 09, 2021
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Your tenant moved out, but left their possessions behind. How long do you, the landlord, have to keep the possessions before you are legally allowed to get rid of them.

 

What Is Abandoned Property?

When a tenant leaves the rental unit without notice, and the landlord believes they will not return, the tenant has abandoned the rental. Any possessions left behind are considered abandoned property.

What Happens to the Abandoned Property?

The landlord must first give the tenant notice of the abandoned property. After storing the property for a period of time, based on state law, a landlord typically has the right to sell, donate or discard the abandoned property.

State Laws for Abandoned Property

Below is a state by state breakdown of the different policies for abandoned property collection for landlord and tenants. The data has been sourced from the official government website of each state (linked below). Note that D.C. is not visible on the map below but is listed in the text breakdown of the state-by-state policy. While some states have no statute around the timeframe to collect abandoned property, Vermont and Texas have the most liberal laws, allowing tenants 60 days after receiving a notice to collect their property. Meanwhile, states like Delaware, Maine, Wyoming and New Hampshire are on the stricter end of the spectrum, only allowing tenants up to 7 days to recover possessions.

 

Alabama– Alabama tenants must collect abandoned property within 14 days of receiving notice.


Alaska- Alaska landlords have to keep a tenant’s abandoned property for a period of 15 days after sending a tenant notice of their abandoned possessions.


Arizona- Landlords in Arizona are required to store a tenant’s abandoned possessions for a period of 14 days after sending notice of the abandoned possessions to the tenant’s last known address via certified mail, with return receipt requested. A landlord is not required to keep perishables, abandoned animals or plants for this time. After 14 days, the landlord can discard or sell the property.


Arkansas- In Arkansas, any property left behind by the tenant can be disposed of by the landlord.


California- California tenants have 18 days to recover abandoned property. Tenant must pay storage costs.


Colorado- Colorado does not have a statute about abandoned property.


Connecticut- In Connecticut landlords must keep a tenant’s abandoned possessions for 30 days after giving the tenant notice before disposing of them.


Delaware- In Delaware, tenants have 7 days after receiving a notice to recover abandoned property. The landlord can dispose of this property after this period.


Florida- In Florida tenants have 10 days to collect abandoned property after notice if the notice is hand delivered and 15 days to collect abandoned property if the notice is mailed.


Georgia- If a Georgia landlord is granted a writ of possession against a tenant, he or she does not have to store any of the tenant’s abandoned property.


Hawaii- In Hawaii, a landlord has to send notice to a tenant’s last known address that they have 15 days after receiving this notice to collect any abandoned possessions. After this 15 day period, the landlord has the right to sell, donate or otherwise dispose of the property.


Idaho- In Idaho, a landlord must file an eviction complaint with the court in order to remove abandoned property left behind by the tenant.


Illinois- Illinois does not have a specific law about abandoned property.


Indiana- An Indiana landlord must store a tenant’s abandoned property for 90 days after giving notice.


Iowa- Iowa does not have a specific law for abandoned property.


Kansas- Kansas tenants have 30 days after a landlord takes possession of the property to collect their possessions. The tenant must pay reasonable storage fees.


Kentucky- There is no state law about storing a tenant’s abandoned property in Kentucky.


Louisiana- Louisiana does not have a specific law about abandoned property.


Maine- Tenants in Maine have 7 days after receiving a notice to recover abandoned property. The landlord must include a list of all abandoned items in the notice.


Maryland- Maryland does not have a specific statute about abandoned property.


Massachusetts- Massachusetts landlord-tenant law does not have a statute on abandoned property. The landlord should include a lease clause that describes what will happen to the abandoned property.


Michigan- There is no statute for abandoned property in Michigan.


Minnesota- A landlord must keep a tenant’s abandoned possessions for 28 days in Minnesota.


Mississippi- Mississippi does not have a law about abandoned property.


Missouri- Missouri tenants have 10 days after receiving a notice to claim abandoned property before a landlord can dispose of or sell it.


Montana- Montana tenants have 10 days after receiving a notice to collect abandoned property. Tenant must pay storage costs.


Nebraska- If a landlord hand delivers notice of abandoned property to the tenant, the tenant has 7 days to claim it. If the landlord sends notice of abandoned property by mail, the tenant has 14 days to claim it. In either case, the tenant must pay any fee to store the property.


New Hampshire- A tenant in New Hampshire only has 7 days after receiving a notice to collect abandoned property.


New Jersey- New Jersey landlords must keep a tenant’s abandoned property for 30 days after the tenant has received notice or 33 days after the date the landlord mailed the notice before they can dispose of or sell the property. Tenant must pay storage costs.


New Mexico- New Mexico landlords have 30 days after giving notice before they can discard or sell a tenant’s abandoned property. Tenant must pay reasonable storage fees.


New York- New York does not have a specific law about abandoned property.


Nevada- Nevada landlords must store a tenant’s possessions for a period of 30 days after providing a tenant with notice of the possessions. The tenant must pay any reasonable storage fees to recover the possessions.


North Carolina- If the property is worth less than $750 dollars, a North Carolina landlord can store the property at a nonprofit organization, notify the tenant and give the tenant 30 days to claim it. If the property is worth more than $750, the landlord should file an eviction claim with the court in order to dispose of it.


North Dakota- North Dakota landlords must keep a tenant’s possessions for 28 days after abandonment.


Ohio- Ohio does not have a statute about abandoned property.

Oklahoma- Oklahoma tenants have 15 days to collect abandoned property before a landlord can dispose of or sell it. Tenant must pay storage fees and any additional money owed to the landlord.


Oregon- Oregon tenants must contact the landlord within 5 days of receiving notice if the notice was hand delivered or within 8 days if the notice was mailed to arrange to pick up the abandoned items. The tenant has 15 days after initially contacting the landlord to actually pick up the items or the landlord can dispose of them.


Pennsylvania- Pennsylvania tenants must contact the landlord within 10 days of receiving notice of their intention to collect abandoned property. The landlord must store this property for 30 days. If the tenant has not contacted the landlord within 10 days of receiving notice, the landlord may dispose of the property.


Rhode Island- Rhode Island landlords must store any possessions that are considered abandoned for a “reasonable” amount of time. The landlord must make a good faith effort to notify the tenant of the possessions left behind and should keep copies of any efforts made to contact the tenant.


South Carolina- South Carolina landlords must only keep a tenant’s abandoned property if it is worth more than $500 dollars. The landlord must file a formal order with the court to dispose of it. Abandoned property under $500 dollars may be disposed of.


South Dakota- South Dakota tenants have 30 days to recover abandoned possessions.


Tennessee- Tennessee landlords have to keep a tenant’s abandoned possessions for 30 days.


Texas- Texas tenants have 60 days after receiving a notice to collect abandoned property. After that time, a landlord may dispose of it.


Utah- Utah tenants must claim the abandoned property within 15 days of receiving notice. The tenant must pay storage costs.

 

Vermont- Vermont landlords must hold onto a tenant’s property for 60 days after giving the tenant notice of the abandoned property. To claim the property within this period, the tenant must give a written description of the abandoned property and must pay any storage fees.


Virginia- In Virginia, if the landlord has given the tenant prior notice regarding lease termination and abandonment, after a tenant’s lease is considered terminated, the tenant only has 24 hours to collect any possessions left behind. If the landlord has not given prior notice, the tenant has 10 days to respond to a notice about collecting abandoned possessions. The tenant has 24 hours after this period to collect possessions.


Washington- Tenants in Washington state have 45 days to recover abandoned property. The tenant must pay reasonable storage fees.


Washington D.C.- The District of Columbia does not have any specific law regarding a tenant’s abandoned property. It is therefore up to the landlord to include a lease clause that states what will happen if a tenant leaves the property at the rental after move out.


West Virginia- West Virginia tenants have 30 days to claim abandoned property.


Wisconsin- Wisconsin tenants must claim the abandoned property within 30 days of notice or the landlord has the right to dispose of it.


Wyoming- In Wyoming, tenants have 7 days after receiving a notice to notify the landlord of their intent to collect the property. The tenant then has 15 additional days to actually collect the property.

 

 

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How to Read a Lease 101

How to Read a Lease 101

  • Posted: Jun 29, 2021
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How to Read a Lease 101

Someday, between the time you move out of your childhood home and when buy your first residence, you’ll probably find yourself staring at a lease. A lease is a contract between someone who owns real estate (the landlord) and another person who occupies that piece of real estate (the tenant), covering the conditions under which the tenant may possess, occupy, and use the property.

Reading a lease can be befuddling, and often the first impulse is to just go ahead and sign the thing, rather than try to wade through and decipher all the legal language. However, it’s important to understand that a lease is a legally enforceable agreement, and you could find yourself in a predicament later on if you fail to abide by the terms–the very ones you agreed to by signing on the dotted line. Before you sign, take the time to read the entire document.

Here’s what to look for in a lease to rent a dwelling, be it an apartment or a house.

KEY TAKEAWAYS

  • A lease is a contract between someone who owns real estate (the landlord) and another person who occupies that piece of real estate (the tenant).
  • A lease details the conditions under which the tenant may possess, occupy, and use the property.
  • Details about any deposits—such as an upfront security deposit or fees for parking or pets—should also be clearly stated in your lease, along with conditions for getting your money back.
  • In some rental arrangements, the landlord is responsible for taking care of all repairs and maintenance—whether it’s a leaky faucet or a broken air conditioner.
  • There are also agreements where the tenant is responsible for all the costs of repairs and maintenance.
  • If you have a pet, read the lease to find out if animals are allowed, and if so, whether there are any size or breed-specific restrictions.

 

Include Property Details

The lease should include basic facts and data about the property, including the physical address and the landlord’s name and contact information. It should also state the date the lease was signed; the beginning and end dates of the rental period; and options for lease renewal, including policies for rent increases. If any appliances are in the unit (such as a range, refrigerator, or washing machine), or if the unit is furnished, that should be included, too.

Define Deposit, Rent, and Fee Amounts

People tend to pay close attention to how much rent will cost each month, but there may be other costs that should be noted as well, including various deposits and fees. Details about any deposits—such as an upfront security deposit or fees for parking or pets—should also be clearly stated, along with conditions for getting your money back.

The lease should state particulars about the rent:

  • Monthly amount due
  • When it is due
  • Methods of acceptable payment
  • Any allowable grace period for late payment
  • Amount of any late fees

Utility Inclusion

The lease should indicate policies regarding utility service and billing. Be sure to find out which, if any, utilities are included as part of your monthly rent, and whether you are expected to cover any of the costs.

Some landlords, for example, pay for electric, water, and sewer services, while the tenant pays for cable and Internet.

Repairs and Maintenance

This is something to pay close attention to since it can end up costing a lot of money, time, and headaches. In some rental arrangements, the landlord is responsible for taking care of all repairs and maintenance—whether it’s a leaky faucet or a broken air conditioner.

In other situations, the landlord might repair or replace only major appliances but leave the tenant responsible for everything else. And then there are agreements where the tenant is responsible for all the costs of repairs and maintenance. There may also be stipulations about the maintenance of the yard or outside areas.

As you can see, it’s imperative that you read the lease to determine your landlord’s responsibilities—as well as yours—when it comes to repairs and maintenance issues. Make sure you’re clear on who pays for what, who arranges service calls, and the amount of time you and your landlord have to address any issues.

Pet Policy

If you have a pet, read the lease to find out if animals are allowed, and if so, whether there are any size or breed-specific restrictions (some rental properties allow most dogs, but not pit bulls, for example).

You might be required to pay a “pet deposit” that may or may not be returned once you move out (assuming no pet damage). Sometimes the “pet fee” is nonrefundable because it is used for treating the space for fleas and deodorizing and shampooing the unit’s flooring and upholstery after you move out.

In some cases, you might also pay “pet rent,” a monthly or yearly fee tacked on to your rent to cover normal wear and tear from pets.

If the lease contains a no-pets clause and you violate it by bringing a furry friend into your unit, the landlord generally has the legal right to evict you. A no-pets clause cannot be added to a lease once it’s signed, however, so your landlord can’t change the pet policy in the middle of your lease.

House Rules

The lease should describe the acceptable use of the property (e.g., “The premises shall be used exclusively as a private residential dwelling for the tenant and his immediate family only”), plus any policies for things like:

  • Maximum occupancy
  • Quiet hours
  • Overnight guests
  • Parking and storage
  • Smoking
  • Landlord right of entry
  • Granting access to maintenance workers
  • Property alterations
  • Long absences (on your part)
  • Insurance requirements
  • Eviction

Early Termination

The lease should explain what you need to do before moving out. How much advance notice is required? What type of cleaning are you responsible for? The lease should also state your options if you have to move out before the lease expires.

Can you sublet the property, for example? If so, are you required to find the sublet tenant, or is that the landlord’s responsibility? What are the penalties for breaking the lease if you can’t find someone to sublet?

The Bottom Line

To make sure you understand what you’re getting into, take the time to read your lease. If there’s something you don’t understand, ask the landlord for clarification, or consult a local specialist in real estate law. Bear in mind that while many of these policies are at the landlord’s discretion, others (such as the landlord’s right of entry and eviction) may be regulated by state or city ordinances.

Once you and your landlord have signed the lease, it’s a very good idea to save a copy. This document can become important if any disagreements arise regarding the property or anything related to your tenancy.

Also, plan on doing a thorough property examination before signing the lease. Check the general condition of the property and make sure items such as appliances, faucets, plumbing, windows, and window fixtures are in good working order. Note and document any existing damage in the lease or in a provided damage assessment form, and keep a copy of this with your contract—just in case.

 

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