Quick Summary of the Most Important Aspects of Tenancy Law
Every state’s legislation has its own versions of tenancy law. However, it can be said that tenancy law across the nation is quite similar, with every state tweaking or modifying the general aspects of tenancy law only in a minor way. The article below will discuss the most commonly researched aspect of tenancy law that relate to common tenant-landlord issues such as security deposits, rental repairs, evictions etc.
Repairs in an apartment – tenancy law – Under the general tenancy law; it is the responsibility of the tenant to inform the landlord immediately when there is a need for repair. Though tenancy law will usually honor both written and oral requests, it is advised that tenants submit their repairs for request in writing as it will protect them against potential disputes. Once the complaint has been filed, tenancy law will require the landlord to carry out the repairs within a reasonable period of time. If the landlord ignores requests for repairs of if they carry out repairs in a very unreasonable amount of time, tenancy law will usually allow the tenant to break the lease or withhold rent payments until the repairs are carried out.
Type of lease agreements – tenancy law – Almost all states in the U.S. will honor both oral and written lease agreements. Tenancy law in some states will require that a lease agreement longer than one year in period should be in writing. Generally, tenants are encouraged to enter into written legal agreements as a written lease agreement will allow tenancy law to protect the rights of the tenant while oral contracts are subject to a lot of abuse and disputes.
Security deposits – tenancy law – Security deposits and their refunds are often a very common source of dispute. According to the general rental law in place, a landlord may collect a security deposit amount from the tenant before the tenant moves into the apartment. This amount will usually equal one month of rent although it can be as much as three months of rent in some states. Once the tenant leaves the apartments, rental law will require the landlord to refund the security deposit amount back to the tenant, after making any deductions to cover for damages caused by the tenant. Tenancy law states that deductions cannot be made for repairs that are carried out to rectify normal wear and tear that might occur in an apartment, regardless of who lives in it. The landlord will usually have about a fortnight to one month to refund the security deposit or provide a written explanation of why the security deposit is being held back or deducted from.
Evictions – tenancy law – Tenancy law is very clear about the eviction procedures. In most states, a valid eviction process is one that is carried out with a court ordered eviction notice. Tenancy law will protect tenants from lockouts by the landlords who are not authorized to evict a tenant without the authorization from the court. Generally, tenants will have a chance to oppose the landlord against the eviction case in court before the judge hands out an eviction order to the sheriff’s department.