Every Landlord's Legal Guide by Portman, Janet -- Read -- Imperial Library of Trantor

Index

Title Copyright Acknowledgments About the Authors Table of Contents Introduction

Your Landlord Companion

1 Screening Tenants: Your Most Important Decision

Avoiding Fair Housing Complaints and Lawsuits How to Advertise Rental Property Renting Property That’s Still Occupied Dealing With Prospective Tenants and Accepting Rental Applications Checking References, Credit History, and More Choosing—And Rejecting—An Applicant Finder’s Fees and Holding Deposits

2 Preparing Leases and Rental Agreements

Which Is Better, a Lease or a Rental Agreement? Clause-by-Clause Instructions for Completing the Lease or Rental Agreement Form Signing the Lease or Rental Agreement About Cosigners

3 Basic Rent Rules

How Much Can You Charge? Rent Control When Rent Is Due Where and How Rent Is Due Late Charges and Discounts for Early Payments Returned Check Charges Partial or Delayed Rent Payments Raising the Rent

4 Security Deposits

Purpose and Use of Security Deposits Dollar Limits on Deposits How Much Deposit Should You Charge? Last Month’s Rent Interest and Accounts on Deposits Nonrefundable Deposits and Fees How to Increase Deposits Handling Deposits When You Buy or Sell Rental Property

5 Discrimination

Legal Reasons for Rejecting a Rental Applicant Sources of Antidiscrimination Laws Types of Illegal Discrimination Valid Occupancy Limits Managers and Discrimination Unlawful Discrimination Complaints Insurance Coverage in Discrimination Claims

6 Property Managers

Hiring Your Own Resident Manager How to Prepare a Property Manager Agreement Your Legal Obligations as an Employer Management Companies Your Liability for a Manager’s Acts Notifying Tenants of the Manager Firing a Manager Evicting a Manager

7 Getting the Tenant Moved In

Inspect the Rental Unit Photograph the Rental Unit Send New Tenants a Move-In Letter Cash Rent and Security Deposit Checks Organize Your Tenant Records Organize Income and Expenses for Schedule E Using Email for Notices or Other Communications With Tenants The Bottom Line: Stick With a Traditional Mail or Delivery Service

8 Cotenants, Sublets, and Assignments

Cotenants What to Do When a Tenant Wants to Sublet or Assign When a Tenant Brings in a Roommate Guests and New Occupants You Haven’t Approved

9 Landlord’s Duty to Repair and Maintain the Premises

10 Landlord’s Liability for Tenant Injuries From Dangerous Conditions

How to Prevent Injuries Liability and Other Property Insurance Your Liability for Tenant Injuries If a Tenant Was at Fault, Too How Much Money an Injured Tenant May Recover

11 Landlord’s Liability for Environmental Health Hazards

Asbestos Lead Radon Carbon Monoxide Mold Bedbugs Electromagnetic Fields

12 Landlord’s Liability for Criminal Activity

Comply With All State and Local Laws on Security Keep Your Promises About Security Prevent Criminal Acts Protect Tenants From Each Other Protect Tenants From Your Employees Deal With Drug-Dealing Tenants If You Are Sued

13 Landlord’s Right of Entry and Tenants’ Privacy

General Rules of Entry Entry in Case of Emergency Entry With the Permission of the Tenant Entry to Make Repairs or Inspect the Property Entry to Show Property to Prospective Tenants or Buyers Entry After the Tenant Has Moved Out Entry by Others Other Types of Invasions of Privacy What to Do When Tenants Unreasonably Deny Entry Tenants’ Remedies If a Landlord Acts Illegally

14 Ending a Tenancy

Changing Lease or Rental Agreement Terms How Month-to-Month Tenancies End How Leases End If the Tenant Breaks the Lease When a Tenant Dies Condominium Conversions

15 Returning Security Deposits and Other Move-Out Issues

Preparing a Move-Out Letter Inspecting the Unit When a Tenant Leaves Applying the Security Deposit to the Last Month’s Rent Basic Rules for Returning Deposits Deductions for Cleaning and Damage Deductions for Unpaid Rent Preparing an Itemized Statement of Deductions Mailing the Security Deposit Itemization Security Deposits From Cotenants If a Tenant Sues You If the Deposit Doesn’t Cover Damage and Unpaid Rent What to Do With Property Abandoned by a Tenant

16 Problems With Tenants: How to Resolve Disputes Without a Lawyer

Negotiating a Settlement: Start by Talking When Warning Notices Are Appropriate Understanding Mediation Using Arbitration Representing Yourself in Small Claims Court How to Avoid Charges of Retaliation

17 Terminations and Evictions

The Landlord’s Role in Evictions Termination Notices Late Rent Other Tenant Violations of the Lease or Rental Agreement Violations of a Tenant’s Legal Responsibilities Tenant’s Illegal Activity on the Premises How Eviction Lawsuits Work Illegal “Self-Help” Evictions Stopping Eviction by Filing for Bankruptcy

18 Lawyers and Legal Research

Finding a Lawyer Types of Fee Arrangements With Lawyers Saving on Legal Fees Resolving Problems With Your Lawyer Attorney Fees in a Lawsuit Doing Your Own Legal Research Where to Find State, Local, and Federal Laws How to Research Court Decisions

Appendixes

A State Landlord-Tenant Law Charts

State Landlord-Tenant Statutes State Rent Rules State Rules on Notice Required to Change or Terminate a Month-to-Month Tenancy State Security Deposit Rules Required Landlord Disclosures State Laws in Domestic Violence Situations State Laws on Rent Withholding and Repair and Deduct Remedies State Laws on Landlord’s Access to Rental Property State Laws on Handling Abandoned Property State Laws Prohibiting Landlord Retaliation State Laws on Termination for Nonpayment of Rent State Laws on Termination for Violation of Lease State Laws on Unconditional Quit Terminations State Small Claims Court Limits Landlord’s Duty to Rerent Consequences of Self-Help Evictions

B How to Use the Interactive Forms on the Nolo Website

Editing RTFs List of Forms Available on the Nolo Website

Index