If you collect last month’s rent, you need to give the tenant a receipt that lists the amount of the rent collected, the address of the property to which it applies, and your name and address. Landlords must pay interest on last month’s rent. The tenant must provide a forwarding address where the interest may be sent annually, and they should have the option of deducting this amount from the rent. The law does not require last month’s rent to be deposited into an escrow account. Where it is, however, a landlord can pay the tenant the actual interest earned
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Tenants are generally liable for damages they cause but not for injury to property caused by normal use or wear and tear. Landlords with security deposits can deduct money owed to them for rent or damages at the end of the tenancy, but must follow statutory guidelines scrupulously. This includes providing the tenant with an itemized list of damages, signed under penalty of perjury, and written evidence of repair costs within 30 days of termination of occupancy. Landlords who improperly withhold any part of a security deposit – say, for example, by claiming a tenant caused damage that is not
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If property conditions fall below accepted standards of habitability, tenants can withhold rent and demand that repairs be made. Tenants must meet certain requirements to lawfully withhold rent. The conditions complained of must be serious. Many times, the local code enforcement agency will weigh in on this point. The tenant must show that the landlord knew about the conditions and failed to repair them. The tenant must also show that he/she did not cause the condition. The condition must be such that it can be repaired while the tenant remains on the premises.
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If you decide that it is time to part company with your tenant and can’t reach an agreement, there are several steps that must be followed. First is to formally end the tenancy. For tenants with leases, you need to carefully review the lease to determine what notice and under what conditions the tenancy can be terminated. A written notice of termination must be properly delivered. If there is a written tenancy at will agreement, that agreement must also be consulted. Where no written agreement exists, a landlord must give 14-days written notice to tenants who are being evicted for
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Landlords should be careful in this area. While you may be tempted to evict a tenant because they called the local board of health or complained about conditions in the apartment, this can get you into serious legal trouble. In court, it is presumed a landlord retaliated against a tenant if rent is raised or other terms are changed within 6 months of a tenant exercising his or her protected rights, including the right to a habitable property that meets state sanitary code standards. Before you take action against a tenant, consult with counsel to make sure sending a notice
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The law requires strict adherence to the timetables set forth in the statute and landlords must be sure to follow them. Those who are not familiar with procedures should contact counsel for help before starting an eviction process. A proper notice to quit must first be served, and a summons and complaint must then follow and be filed in court within prescribed time limits. If any procedures are not complied with, a court can dismiss an eviction action and require that it be started all over again.
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