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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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It’s important that everyone involved in the lease understands their legal rights.

It’s important that everyone involved in the lease understands their legal rights.

  • Posted: Jun 29, 2021
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One in three American households (nearly 36%) lives in rentals, according to a 2020 report by the Joint Center for Housing Studies of Harvard University.1 Renting has also become much more common among the age groups and family types that were traditionally more likely to own their housing, the report found—in fact, rentership rates for all age groups under 65 are at historic highs.

Since you’re dealing with something as vital and intimate as a person’s home—even if it’s only temporary—it’s important that everyone involved in the lease understands their legal rights.

Landlord-tenant laws generally fall under the jurisdiction of individual states. But since many state laws are very similar in scope, tenants and landlords throughout the U.S. should expect that, no matter where they’re located, these are four things property owners should never do when they’re renting out a unit.

KEY TAKEAWAYS

  • Although landlord-tenant laws vary by state, there is generally some uniformity in certain areas.
  • Landlords cannot enter tenanted properties without giving proper notice.
  • Landlords cannot arbitrarily end someone’s tenancy before the lease expires.
  • Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.
  • The Fair Housing Act prohibits a landlord from discrimination in renting, representing properties, or providing services to tenants.

 

1. Enter Without Proper Notice

Even though the premises technically belongs to them, landlords can’t enter a rented home whenever they feel like it. According to many state statutes, they must provide at least 24-hour notice if they wish to enter an occupied property. The notice must outline the reason for access and must be given in writing unless indicated otherwise by the tenant. (In some states, you must receive the tenant’s specific approval to provide notices electronically—that is, through email or text message.)

When a landlord gives proper notice, whether it is in order to make repairs, conduct a routine inspection, show the property to prospective future tenants, or to carry out any other reasonable request their tenant may have to invite them to the unit.

The only hours that landlords are able to enter a renter’s unit in many jurisdictions: in other words, regular business hours on weekdays, from Monday to Friday.

A tenant cannot deny a landlord’s access to the property when proper notice is given and the request is reasonable. The occupant may, however, request to change the date or put in a clause in the lease to limit the number of times the landlord can enter the unit.

Exceptions and violations

Even states that mandate advance-notice rules allow exceptions. There are two that usually apply: A landlord may enter the premises in an emergency situation, such as a fire or leak, or if they believe the tenant has abandoned the property.

A tenant who feels that their landlord violated the rules by entering their premises in a non-emergency without giving notice does have a few options. The first is to let the landlord know of the problem. If that doesn’t work, the tenant may be able to bring it to the attention of the local or state housing authority or file a trespassing claim with local police or the court system.

 

2. Unlawfully Evict Tenants

A landlord may evict a tenant for many reasons, but they must go through the proper legal channels and give the tenant due notice. The amount of days necessary for due notice varies by state and can range from nearly immediate to 30 days or more.

A landlord who does not follow the correct protocol generally faces an uphill legal battle if they end the rental agreement or a tenant’s occupancy before the lease expires. Landlords who abruptly lock a tenant out of the property without warning may fall within the definition of retaliatory eviction. Not only that, but they may also be slapped with trespassing or burglary charges. Similarly, turning off utilities could be seen as intentionally putting a tenant in danger, especially if the local climate is prone to extreme heat or cold.

If a landlord violates housing laws, a tenant may be entitled to remedies including monetary damages.

3. Unjustifiably Raise the Rent

A lease is a legally binding contract. Once signed, there are very few circumstances under which the landlord can raise the rent. The only way the terms can be changed is if the increase meets a certain set of conditions in the lease itself. These may include:

  • A new tenant joining the household
  • The addition of a pet
  • If the landlord significantly remodels part of the property

Landlords may also increase rent if the property is located in a city with rent-control or rent-stabilized ordinances that permit such changes. These ordinances define the circumstances under which the rent of qualifying properties—usually older ones—can be changed, and by how much. Increases might be tied to the rate of inflation, for example.

4. Discriminate Against Tenants

Unlike the other regulations, which stem from the states, the rules forbidding discrimination come from the federal government. The Fair Housing Act of 1968, also known as Title VIII of the Civil Rights Act of 1968, forbids anyone—including landlords—from refusing to rent to an applicant based on:

  • Race
  • Color
  • National origin
  • Sexual orientation
  • Familial status
  • Disability
  • Gender

For example, you cannot advertise your rental property as being for Asians only or no children allowed—yes, even families with children are protected under the FHA. Similarly, you cannot provide different terms or agreements for members of different protected classes than you do for other tenants.

The U.S. Department of Housing and Urban Development (HUD) ‘s Office of Fair Housing and Equal Opportunity (FHEO) acts as the chief enforcer of the FHA. On Feb. 11, 2021, HUD announced that it “will administer and enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity.”

The Bottom Line

Property owners have to put in a lot of time, money, and effort if they want to become a landlord. And part of that effort means understanding what the law does and doesn’t allow them to do. Although a landlord may own a rental property, tenants have unique protections from discrimination, harassment, arbitrary rent increases, and wrongful eviction.

Aside from those dealing with discrimination, landlord-tenant laws vary by state, but as long as landlords maintain the home and leave tenants in peace—and tenants respect the property and pay their rent on time—chances are that neither will have to consult local statutes or complain to local authorities.

 

National Federal Eviction Moratorium – Learn About Protections and Steps Renters Must Take!

National Federal Eviction Moratorium – Learn About Protections and Steps Renters Must Take!

  • Posted: Feb 08, 2021
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National Federal Eviction Moratorium

Learn About Protections and Steps Renters Must Take!

A federal eviction moratorium issued by the Centers for Disease Control (CDC) is in effect from September 4, 2020 to March 31, 2021. The temporary moratorium on evictions extends vital protections to tens of millions of renters at risk of eviction for nonpayment of rent during the global pandemic.

The federal eviction moratorium is essential relief for struggling renters, but it merely postpones evictions – it doesn’t prevent them. When the moratorium expires on March 31, 2021, back rent will be due, and renters will be unable to pay. In the meantime, small landlords who rely on rental income to maintain and operate their properties will increasingly struggle to pay their bills.

What’s Next?

To be protected, qualified renters facing eviction should immediately provide a signed declaration to their landlords. For more details about the moratorium and a sample declaration that renters can use, read NLIHC’s and NHLP’s Overview of National Eviction Moratorium and our National Eviction Moratorium: FAQ for Renters

 

The federal eviction moratorium is essential relief for struggling renters, but it merely postpones evictions – it doesn’t prevent them. When the moratorium expires on March 31, 2021, back rent will be due, and renters will be unable to pay. In the meantime, small landlords who rely on rental income to maintain and operate their properties will increasingly struggle to pay their bills.

An emergency COVID-19 relief measure enacted in December 2020 included $25 billion in emergency rental assistance. While the relief bill provided essential and desperately needed protections for renters, additional resources and protections are needed. Congress must provide at least $100 billion in emergency rental assistance to keep renters stably housed during and after the pandemic and to ensure we don’t lose any of our country’s essential housing stock. Learn about NLIHC’s top priorities to ensure housing stability during the pandemic.

Read NLIHC, NHLP, and Eviction Lab’s Housing Priorities for the Biden-Harris Administration: Enact a Broad Eviction Moratorium

Learn More

Join NLIHC’s national call on coronavirus, disasters, housing and homelessness every Monday at 2:30-4:00 pm ET for an in-depth discussion on the federal eviction moratorium and critical steps renters must take to ensure they are protected. Our partners who are experts on the moratorium, evictions, and state partners who are working with renters on the ground, will join us for the discussions.

NLIHC’s estimate of how much emergency rental assistance each state will receive under the proposal (note: these estimates combine allocations to the state government and local jurisdictions within each state).

Take Action

  1. Share information with renters about the federal eviction moratorium and the steps they must take to be protected! See NLIHC and NHLP’s Overview and FAQ for more details on the moratorium and a sample declaration form that renters can use.
  2. Use social media to tell Congress that housing stability during and after this pandemic cannot wait. Call out the need for #RentReliefNow using our sample social media posts and images. Tag your member of Congress and demand action!
  3. Contact your senators and representatives: Demand that Congress and the White House restart negotiations and pass additional resources and protections to address the health and housing needs of America’s lowest-income renters and people experiencing homelessness. Find the phone numbers of your members of Congress here or send an email!
  4. Use NLIHC’s Advocacy Toolkit to urge Congress to take immediate action to ensure people get and stay stably housed.
  5. Publish op-eds and letters to the editor in your local papers using NLIHC’s media toolkit here.
  6. NEW: Add your organization to NLIHC’s national letter demanding that the CDC:
    • Extend the federal eviction moratorium through the end of the pandemic;
    • Strengthen the moratorium by making it an automatic and universal moratorium, or, at a minimum, require landlords to provide notice to renters of their rights under the CDC moratorium and prohibit landlords from filing or advancing eviction proceedings unless they attest that they have not received a signed declarative statement from tenants;
    • Rescind the Frequently Asked Questions (FAQ) document issued on October 9 that creates loopholes in the moratorium’s protections making it more difficult for struggling renters to remain stably housed; and
    • Commit to enforcing the moratorium and create a mechanism for renters to file complaints against landlords who violate it.

 

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