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  • Plumbing Leaks - Plumbing Leaks Law Resources - LawInfo
    a runny toilet dripping faucet and the like are the landlord s responsibility in most states Tenants should be aware of the applicable laws in their state and review the lease or rental agreement to determine if the landlord has agreed to make these small repairs In any case the tenant may want to bring the problem to the landlord s attention Landlord Allowed Reasonable Time to Make Repairs Where a major repair job is required the landlord is entitled to a reasonable period of time in which to make the repairs Depending on the severity of the problem and the degree of danger it presents to health and safety a reasonable amount of time can range from 48 hours to 30 days or more The tenant should inform the landlord of the problem as soon as it becomes known If the landlord fails to respond or to make repairs the tenant may choose these options Hire a repair person and deduct the costs for the next month s rent Withhold payment of rent until the repairs are completed Considered the landlord s inaction as constructive eviction and move out of the premise without liability for the rent The tenant should carefully document the conditions needing repair and any damage to the premises and the tenant s personal property A tenant may be able to sue the landlord for loss of belongings Share this information Search LawInfo s Plumbing Leaks Resources Still have questions Contact experienced Plumbing Leaks Attorneys on LawInfo com or learn more about Landlord Tenant Disputes Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Eviction and Unlawful Detainer Rental Agreements Tenant Rights Advertisements Find An Attorney By Practice Area By Location By

    Original URL path: http://www.lawinfo.com/plumbing-leaks.html (2016-02-15)
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  • Holding Security Deposits - Holding Security Deposits Law Resources - LawInfo
    the law requires a security deposit can generally be held in any of several ways In a non interest bearing bank account kept separate from the landlord s personal accounts In an interest bearing account In such case the landlord may be required to issue interest payments to the tenant on a scheduled basis and at a specified minimum interest rate In an escrow account An escrow account occurs between parties involved in a transaction and has the following characteristics It is an arrangement made under contract between parties involved in a transaction It involves an independent third party receiving money or documents on behalf of the transacting parties The essence of the agreement is a specified amount of time Disbursement of the documents or funds is contingent on the fulfillment of contractually agreed conditions Regardless of the chosen method the landlord must inform the tenant where the security deposit is being held a common requirement is that it be at a bank located in the state the account number and the address of the location where the funds have been deposited If the landlord sells the premises or otherwise transfers ownership to a new owner the landlord must transfer to tenant s security deposit to the new owner or refund it to the tenant A landlord s failure to comply with the law can result in the landlord having to pay the tenant triple damages penalties interest and attorney fees Share this information Search LawInfo s Holding Security Deposits Resources Still have questions Contact experienced Holding Security Deposits Attorneys on LawInfo com or learn more about Rent and Security Deposits Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Eviction and Unlawful Detainer Rental Agreements

    Original URL path: http://www.lawinfo.com/holding-security-deposits.html (2016-02-15)
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  • Pet Deposit - Pet Deposit Law Resources - LawInfo
    pet deposit must be separate from the security deposit The pet deposit must be used to pay for pet related damages such as scratches to floors and furniture urine and feces stains ripped or chewed carpets The security deposit is to be applied to Premises damages beyond normal wear and tear Also most states allow security deposits to be applied to back rent owed after the tenant moves out As with security deposits the amount of the pet deposit cannot be increased when the rent goes up Can the Pet Deposit be Refunded Whether or not the deposit will be refunded is negotiated between the landlord and the tenant and pertinent to the state laws Generally pet deposits do not have to be refunded by law even when there are no pet related damages or the damages amount to less than the amount of the deposit Some state laws mandate that no deposit can be considered or declared nonrefundable regardless of what s written in the lease Does the Pet Deposit Earn Interest State law and municipal ordinances may address whether the landlord must pay interest on a pet deposit when it is refunded Can Landlord Sue when a Deposit Does Not Fully Cover Damages The landlord should make it clear in the lease how the pet deposit will be applied and whether damages amounting to greater than the per deposit will be deducted from the security deposit Also the landlord should state in the lease that the tenant is responsible for all damages beyond normal wear and tear The landlord may sue a tenant for damages exceeding the deposit Share this information Search LawInfo s Pet Deposit Resources Still have questions Contact experienced Pet Deposit Attorneys on LawInfo com or learn more about Rent and Security Deposits Find an

    Original URL path: http://www.lawinfo.com/pet-deposit.html (2016-02-15)
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  • Rent Control - Rent Control Law Resources - LawInfo
    control laws in a particular jurisdiction may vary widely For example there are rent control laws that apply only to current tenants Known as vacancy decontrol statutes these laws allow a landlord to raise rent when the current tenant leaves or when they are evicted for certain reasons On the other hand vacancy control statutes apply even when existing tenants move and a new tenants move in In these circumstances rents are set by certain statutory provisions taking into account factors like the supply of housing in relation to the demand a landlord s expenses inflation and the amount of rent the previous tenant was paying Because landlords may be tempted to evict tenants that are protected by rent control these statutes also provide additional protections for tenants from arbitrary evictions Some of the potential reasons a rent control statute may allow a landlord to evict a rent controlled tenant include Failure to pay rent Housing unauthorized tenants The landlord moving into the unit or allowing a family member to live in the unit A landlord s desire to renovate the property making in unlivable or to remove it from the rental market The Role of Rent Control Rent control necessarily balances the rights of property owners against the public need for affordable housing When tenants have rent control issues there is much at stake such as thousands of dollars and the possibility of continuing to live in a particular market or community As a result it is important to learn as much as possible about the rent control laws in your jurisdiction Share this information Search LawInfo s Rent Control Resources Still have questions Contact experienced Rent Control Attorneys on LawInfo com or learn more about Rent and Security Deposits Find an Attorney in Your Area Legal Issue e

    Original URL path: http://www.lawinfo.com/rent-control.html (2016-02-15)
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  • Rent Increases - Rent Increases Law Resources - LawInfo
    30 days notice is sufficient With a month to month rental the landlord must provide a 30 day notice of the amount of the intended increase and the date the increase will be effective If the tenant does not want to pay the increase he or she can give the landlord notice of intent to move out before the next one month rent cycle begins The amount of the notice required is usually 30 days but can be any amount of time mutually agreed to by the landlord and tenant At a time specified in the written lease or by oral agreement For example due to construction or unfinished repairs the landlord may agree to a lower rent for a few weeks or months and then increase the rent once the repairs or construction is completed Rent Control Can Limit Rent Increase Amounts For buildings or neighborhoods subject to rent control ordinances the landlord can be restricted as to when how often and by how much rents can be increased Also some states or municipalities may have laws limiting the percentage by which rent may be increased For example California law provides that an increase in rent of 10 percent or less requires the landlord give the tenant 30 days notice an increase of more than 10 percent requires 60 days notice Notice can be given in writing directly to the tenant or mailed If the notice is mailed additional days of notice may be mandated to allow time for the notice to be delivered Share this information Search LawInfo s Rent Increases Resources Still have questions Contact experienced Rent Increases Attorneys on LawInfo com or learn more about Rent and Security Deposits Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City

    Original URL path: http://www.lawinfo.com/rent-increases.html (2016-02-15)
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  • Return of Security Deposit - Return of Security Deposit Law Resources - LawInfo
    Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Eviction and Unlawful Detainer Rental Agreements Tenant Rights Advertisements Find An Attorney By Practice Area By Location By Name Resources Hot Legal Issues Legal Forms Legal Library Law Videos Consumer Blog Forums For Attorneys Legal Marketing LawInfo About Us Jobs Partners Contact Us Authors Español Legal Copyright Notice Privacy Policy Terms

    Original URL path: http://www.lawinfo.com/return-of-security-deposit.html (2016-02-15)
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  • Security Deposit Deductions - Security Deposit Deductions Law Resources - LawInfo
    of regular use but gouges in paint or plaster or missing floorboards likely would be considered damages beyond normal wear and tear The standard is subjective however so often a landlord and tenant may disagree on what damages should be deducted from the security deposit If state law requires that the landlord provide an itemized list of deductions the tenant can refer to this list for specifications and details regarding the damages The Itemized List Must Be Detailed The landlord cannot lump all the damages together under the heading Damages and list 300 as the cost The list must set out specifics such as 30 to repair cracked glass light shade 55 to replace broken window pane 15 to spackle hole kicked in wall Also what is normal wear and tear can depend on the condition of the item when the tenant moved in and how long the tenant lived in the premises If the unit had brand new carpeting when the tenant moved in and 12 months later the carpeting is a bit worn down the landlord probably would not be allowed to deduct 400 for replacing all the carpeting But if the new carpeting is marred by pet urine stains or blotches of wine stains the landlord may be justified in deducting the entire cost to replace it Reasonable Cleaning Fees It s best if the landlord states in the lease that a cleaning fee will be deducted from the security deposit But even where the lease contains such a clause the cleaning fee must be reasonable and the fee must be itemized Again the normal wear and tear standard is applied when determining the reasonableness of the fee Cleaning everyday scuff marks washing the windows scrubbing the tub and shower stall free of soap scum are probably

    Original URL path: http://www.lawinfo.com/security-deposit-deductions.html (2016-02-15)
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  • Right to Habitable Living Conditions - Right to Habitable Living Conditions Law Resources - LawInfo
    it is not expressly granted verbally or in a written lease or other rental agreement Breach of Habitable Living Conditions Where the breach also violates building codes the landlord and tenant cannot lawfully agree to ignore the violations A landlord who violates this right may be liable to the tenant who may choose to Revoke the lease and move out without liability for unpaid rent Pay to make the premises habitable and deduct the costs from the rent Withhold rent until the premises is made fully habitable Sue for various damages If a landlord attempts to evict a tenant for demanding repairs or withholding rent until repairs are completed the tenant may present evidence of the landlord s breaches of the warranty of habitability as a defense Conditions that constitute a habitable premises vary by state and locality but usually require that the premises be clean pest and hazard free and include standard features such as running water heat secure locks and a peaceful environment Tenants Must Notify the Landlord of Inhabitability Issues The landlord should be notified in writing should the tenant experience any of the following Improperly working plumbing Electrical malfunctions exposed wiring broken face plates Heater problems such as clogged filters non functioning pilot lights or failure to function A leaking roof ceiling or windows Mold The above violations violate the right to a habitable premises Share this information Search LawInfo s Right to Habitable Living Conditions Resources Still have questions Contact experienced Right to Habitable Living Conditions Attorneys on LawInfo com or learn more about Tenant Rights Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Eviction and Unlawful Detainer Rental Agreements Tenant Rights Right to Habitable Living Conditions Videos Tenants Rights

    Original URL path: http://www.lawinfo.com/right-to-habitable-living-conditions.html (2016-02-15)
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