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Old 10-03-2005, 09:15 PM
reguru
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Default Landlord Answers...

LANDLORD TENANT ISSUES

Q- A tenant installs a new deadbolt on the door of your rental property... she then demands that you pay for it.

A- Most state laws only require the landlord to make needed repairs and keep the premises in a fit and habitable condition. You are not required to pay for
the deadbolt. In fact... the terms of your rental contract may forbid the tenant from making such an addition without your permission.

Q- You rent to an unmarried couple. They have a falling out and one leaves. On the first of the month the remaining tenant offers you half of the rent that is due. How do you advise the tenant.

A- Tell the tenant that she is responsible for the total amount due under that portion of the lease reading "joint and several". Explain that she should pay all the rent and give the ex-roommate 5-day notice for failing to pay rent.

Then she may evict the roommate and obtain a judgment against him for his portion of the rent. As an alternative you could file an eviction action
against both tenants... and the remaining tenant could bring a small claims court action against the fleeing tenant for her portion of the unpaid rent.

Q- Does a resident have to give a 30-day or 45-day notice before vacating a rental unit?

A- Basic notice requirements vary from state to state but most often it's governed by the terms spelled out in the lease. Most leases and rental agreements specify 30-days.

In the details of many state laws notice begins on the first day of the next rental period. If rents are due on the first of the month the 30-day notice period would begin on the next first day of the month.

Most tenants think that if they give a 30-day notice on the 15th the last day of their tenancy will be the 14th of the following month.

Under most state law the 30-day period would begin on the first of the next month even though it was delivered on the 15th. The tenant is required to pay a full month's rent for that last month.

In practice a landlord may want to allow the tenant to move on the 14th just to maintain good will and hope the tenant will leave the property in the best possible condition.
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