Tips & Advice
What is an eviction notice?
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.
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.
What is a security deposit?
A security deposit is the money that a landlord or management company takes from a tenant and holds onto in a special account until the tenant vacates the unit. This money serves as the landlord/manager’s financial protection in case the tenant does not pay rent or causes damage to the unit. The standard amount is equal to one months’ rent, although it can be more in certain housing markets.
What is the difference between a lease and rental?
A rental is month-to-month, and the terms can be changed every 30 days. A lease is for a set period of time, and, during that time, the terms can’t be changed, nor the rent raised. Tenants that break a lease will be held responsible for paying rent until they or the landlord can find a new tenant.
What are some things to consider when renting an apartment?
There are many things to consider when renting an apartment: Is there available parking? What is the building security? Are there any building amenities? What are the terms of the lease? Can you have a pet?Is a parking spot included?Are utilities like water and electricity included? As for the apartment itself, make sure you know exactly what appliances and systems it has, including a refrigerator/freezer, dishwasher, and central air conditioning. Are there laundry facilities, and if so, where?
State laws are all different in terms of what heating and air conditioning systems are required in rental units. It is important to find out what HVAC systems are in your apartment, if any, whether the renter is expected to pay for them, and whether it’s OK to install your own if they’re not in the unit.
