An eviction notice is a legal document that landlords need to serve tenants to begin the process of having them removed the property. There are different kinds of “eviction with cause” notices that require the renter/lessor to stop violating terms of the lease, with removal from the promises as a final measure if they don’t comply. These are issued when rent is overdue, or when a tenant is in violation of a specific term of a lease. Unconditional evictions are the harshest, and usually only appropriate when a tenant is a repeat violator of a clause, or has done something illegal. There is an “eviction notice without cause,” and many states either don’t allow it, or require landlords to give extra notice--up to 60 days--from the point of serving it to the point when the actual eviction suit can begin. Before entering into an agreement, research the laws in your state.

What happens if rent is not paid on time?

If rent is not paid on time, a variety of things can happen. Sometimes a late fee will be assessed—this will be stipulated in the lease agreement. More commonly, there will be a written warning or even a few-day grace period -- especially if it’s a first-time infringement or if the rent is collected by an individual landlord rather than a management company, If rent goes unpaid for 14 days when there is no lease, the landlord will generally evict. If there is a lease, the landlord will often begin eviction proceedings at 30 days, unless a late payment arrangement has been reached. The more often someone is late with the rent, , the quicker and harsher the landlord’s actions are liable to be. A record of late payment can also negatively impact someone’s ability to get approved for future leases.

What type of maintenance is a renter responsible for?

A renter is usually only responsible for maintenance necessitated by abuse or neglect of the property. Landlord/building management is usually responsible for the rest. However, cosmetic repairs, such as changing light bulbs or washing carpets, is usually left up to the tenant. And even though a landlord might be financially responsible for other maintenance, it’s often left up to the tenant to coordinate and supervise.

What is a sublet?

A sublet is when a person who is leasing an apartment re-rents to another party. The legalities of this are very tricky, and many landlords/managers outright disallow it on the lease document. However, in situations where there’s an established lease-holder who needs to leave for a predetermined length of time, there are legal procedures to sub-lease. Not all landlords might consent, even if the primary lease holder applies in writing and follows legal procedure. It is very important that, when considering a sublet, you understand the situation between the owner and the lease-holder, because in a hostile sub-lease situation, the sub-leaser risks losing the money they paid in rent to the primary lease-holder.

Why do some rentals require first and last month rent upfront?

Some rentals require first and last month rent, because it offers the owner/landlord/building manager a feeling of security that, even in the unforeseen circumstance that the renter/lease holder stops paying the rent, the owner can still be sure to get their rent for one month.

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