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The Landlord Protection Agency - Landlord Q and A

The Landlord Protection Agency - Landlord Q and A
Stay Informed on Landlord Matters - If you have a landlord tenant problem that's bugging you, feel free to ask another landlord, attorney or property manager through our Landlord Q and A Forum. Get answers, tips and ideas from landlords across the co
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Articles

reapirs
2008-06-03 23:14:00
How long does a landlord have to repair an air conditioner?
No lease
2008-06-03 22:32:00
my girlfriend and i were homeless, when on june 27th 2007, we met a lady who offered for us to stay in her home til we got on our feet. she said we would discuss rent/lease "down the road", all she wanted us to do was landscape, she would pay for materials for me to do other home repairs for which there would be no charge for my labor. 2 days later we met at the house, an hour later she gave us the key. on the 31st of august she very aggressively demanded $500, within like a week she lowered it to $250. we still had no money, to which replied "don't worry about the $250 and i won't be putting you out on the streets". we didn't hear from her again until december, where she gave us $25 dollars for a x-mas turkey and again told us not to worry. in the interim my 2 young daughters have moved in and my girlfriend is recieving SSI. we didn't hear from her again until feb 2008, when she demands rent and serves a 3 day notice. the 4 of us are barely been getting by, she has not produced...
More About: Lease
repairs not being made
2008-06-03 22:00:00
my landlord only wants the rent and refuses to even discuss needed serious repairs, we're moving because of it. One main repair is the replacement of the water heater that is giving us a $427 power bill and a $1215.58 water bill for just one month, because of an overflow valve that continually runs out scalding hot water to the outside. Other repairs are ceiling fixtures hanging out of the ceiling, some ceiling fixtures not even working at all, bad termites, lots of mice because of a very large opening behind one tub in a bathroom closet, very soiled carpets, busted out windows, busted out door frames, etc. This was promised to be repaired as soon as we moved in. This house was rented for $800 a month as a 4 bedroom, 3 bath large brick home and two of the bedrooms were listed as master bedrooms. One master bedroom only has one power outlet in the bedroom and the bathroom is not connected and has no toilet and the bedroom has no heating or air to it, and the ceiling leaks when it...
More About: Made
30 days notice but leaving in 2 weeks
2008-06-03 21:59:00
Yesterday tenant gave me a 30 days notice to move but said they will be leaving in 2 weeks. The other two weeks they will be cleaning up the place. Rent is 995 and is due on the first and does not have the money to pay this month since they used it for the other new place. The deposit is 700 and tenant wants me to use the deposit to offset the the rent due for June plus the landscaping work they have done. Although I have not seen the landscaping/yard work, I have heard it is nice and wouldn't mind if they left it that way. Also, tenant painted walls with dark colors and does not want to paint the walls back at their expense. I also would not want them to repaint to original color since I have feeling they will do a lousy job and I will have to get it paint it again. I told them I will not use the deposit for rent and will need half month's rent (497). Do I tell them to leave everything as is (painted walls and landscape), in a good clean condition, no deposit returned, an...
More About: Days , Notice , Leaving , Weeks
Help!!!
2008-06-03 21:39:00
We are tryin to move. Our landlord says we have to pay him for the month we move and we arent even goin be here the whole month. He wont fix anything wrong with the house and there is no fire alarms in here. The floors are rotting out and we have ask him to fix them and he hasnt is there anything I can do. Do we really have to pay him? We dont have a lease so do we have to give him anything? Isnt that what the deposit was for?
utility bill
2008-06-03 21:15:00
My tenant abandoned the rental house. He left a $400 water bill. His contract stated that he pays all utilities. No forwarding address. As landlord, I have to pay that bill. I have his SS# and birthdate. Any suggestions?
More About: Utility , Bill
Additional questions
2008-06-03 20:39:00
Can my landlord report me to the credit bureaus PRIOR to taking me to court? I really want to do the right thing and pay. I just need time. She has put nothing in writing to me. Nothing requesting past rent. Nothing about a notice to quit. Nothing. Thanks again.
More About: Questions
last month rent vs. security depost
2008-06-03 20:11:00
I have lived at this place for the last year and will be moving this weekend. I gave my 30 day notice. Unfortunately I haven't been able to pay last months rent. I have asked my landlord if she can use my security deposit for now and I make payments over the course of the next several months. I'm a single mother working two jobs. She has said no but there isn't anything else I can do. Since then she has made several threats that I am not sure is legal. She's threatened to lock me out without any written notice. Is that legal? She's threatened to call my new landlord to tell them what's going on. Is that legal? She's entered my apartment several times without my permission. I assume that must be illegal. What can I do about this? Can I take her to court if these are violations? I am so stressed out by it that I've been ill. Thank you.
More About: Security , Rent , Month
Rejection based on personality
2008-06-03 18:44:00
We have purchased a home for our college student son to live in along with 4 other students. He has two friends chosen, and we are advertising for the additional two roommates. We obviously want everyone to be compatible. Can the existing kids interview the applicants as part of the screening process and reject based on not being a "fit" with the existing personalities?
More About: Personality , Rejection
Tenant with rental assistence from the city
2008-06-03 17:44:00
I have this tenant who paid cash in the past, but starting June he handed me the rental assistance checks from the city. I'm not sure if I should accept them. How did he get them without notifying me? He has been giving me headaches all the time. Any advice? Thank you so much.
More About: Rental , City
Section 8 tenant
2008-06-03 17:25:00
I have a Sec 8 tenant, approved for a 2 BR apt at $1189 and she was assisted for a share of the rent by Sec 8 and rest to be paid from her side.Subsequenty, she approached me for the 3rd bedroom in the house which meant the whole house and she signed up another document, notarized, for $1700. She paid the rent from start of the lease until Oct 2007, when she stopped abrupty..(rent on the basis of 3 BR @ $1700)Filed case for non-payment and she is defending herself that this was a side agreement and that the Landlord must return all the extra money she paid for the 3 BR as she was approved for the 2 BR. She wants the difference of $1700 less $1189 to be paid back to her.Is the tenant legally allow to claim refund of this rent despite that she signed a notarized letter for a bigger place and agreeing to the terms. I tried to compromise saying i will not demand the rent not paid and she should not claim refund..also i offered her another 2 BR apt, so that she can move out of my 3 BR ...
More About: Section , Section 8
Hold Over Penalty
2008-06-03 06:48:00
Is it LEGAL to charge a holdover penalty for a tenant who's lease has expired?And by charging this, does it constitute a daily rental agreement?The Termination of Tenancy form has it listed, but i want to make sure it is legal to charge and does not extend the lease!Kelly - California
More About: Hold , Penalty
Hispanic
2008-06-03 04:03:00
I am getting ready to rent a trailer to a hispanic who speaks no english. Does the lease need to be in spanish as well as english
More About: Hispanic
Lease Expired and Tenant wont leave
2008-06-03 02:14:00
I have a tenant who will not respond to call, letters, etc. I had started an Unlawful Detainer last month, only to realize I had served the 3-day notice incorrectly. I was advised by a attorney that since the lease was to expire and we would not be renewing the tenant, that we should wait until the 1st. We have contacted the tenant DAILY and have had no response from them.The 1st has now come and gone, the lease has expired, and I cannot get the tenant out!HELP!!! I just need guidance as to what route to go. I want to start the summons again, but I need to know if an 3-day notice MUST be served first, and does it matter if its a PAY OR QUIT or should I use something else???
More About: Leave , Lease
want to extend lease
2008-06-03 01:30:00
I have a rental home that I originally rented with a year lease agreement. My tenant is a nice person and pays the monthly rent on time. The second year I made her re-sign another lease like the original one, the third I forgot. Now I am in the fourth year and I am wondering if I made a mistake. Should I ask her to sign a contract every year? What kind of document should I use for a continuation of the lease? Thank you,
More About: Lease
former tenant suing for deposit
2008-06-03 01:29:00
I have a judgment against my former tenant for unpayed rent due to breach of lease agreement. He is now suing me for non-refund of deposit. He left the property owing rent, and he knew he did(as stated in court). I contacted him in an effort to stop this, telling him I would offset the judgment (judgement being 1607.00 and his deposit being 300.00). He refused and vowed to sue me. So, here we are now. I still do not believe that I owe him this. Do I have to refund his security deposit if he still owes me money? Jeanette, Texas
Run Away Tenant Collections
2008-06-02 19:22:00
I have a run away tenant that I already have a judgement against for the funds owed through the run away date. My understanding is as long as I haven't still found a renter/buyer, the old tenant is liable for the rent thru the end of the contract (Feb 28, 2009). BUT I can't go after them (small claims) to actually pay it until each month passes unrented/unsold and the rents become due. However, If they have assets of value, can I freeze the assets for the total they MIGHT owe, so they can't use up those assets until the contract is over or I found another renter/buyer? If so - how?
More About: Collections
Question about renting a house?
2008-06-02 15:59:00
I moved to MO and rent out my old house in IL. I need a rental agreement but am not sure where to turn but do not want to spend money for a basic rental agreement. What should I do?Thank you,Brice
More About: House , Question , A House , Renting
Lease Option
2008-06-02 15:14:00
I am looking to Lease a proprty with Option to purchase. Sale price 235,000 option for 6-12mo with 5K option deposit.Rent for 1500/mo nothing towards purchase and 1500 sercuirty deposit.Now from what I have heard from the master LL's on this site is that I should do 2 separate contracts.One for the Lease and a totally seperate contract for the Option. Now for the questions.1. Where can I find just a Option contract. (do I just break that out of one of the leases or is there a seperate one).2. If the tentant violates the Lease and let's say I evict or they leave breaching the Lease.They still have the option to purchase correct. If so how whould I do my next lease if let say the option holder had 6mo left on the option. If I put a new tentant in and they excise there option what would happen...they get property with tentant..I have to remove tentant?????3. What if I put it up for sale after they left can I sell it?Bill
God Bless Our Troops???
2008-06-02 08:55:00
God Bless Our Troops is on the business banner of our deadbeat tenant. The owe $14,000 in past due rent alone, this does not include lawyers, marshalls, repairs, etc. We are very upset that they promote their business with patriotic slogans while not paying their rent to us, a military family stationed oversees. The family rented the house from us but the phone number for their business was for our home's address. Would it be innapropriate to post about their business and let other's know that they do not honor their committments let alone our nation's servicemembers. Would it be defamation to post about their company on places like RipOffReport and BadTenant? Is it defamation to post on sites that allow other landlords to know what type of tenants they really were?
More About: God Bless
Converting to electric heat
2008-06-02 04:30:00
I have a single oil furnace (which I pay for) for baseboard heat in my 4 units, plus it heats the hot water. Obviously, with the price of oil skyrocketing, it is not econimically feasible for me to continue with this system. I am considering electric baseboards for all of the units, plus on demmand electric hot water (tenants pay electric bills themselves). What do you think? It's this or up the rent 200 bucks per month per unit... I had one girl who kept her thermostat at 74 this winter and would leave the front window open for days at a time... After a $900.00 oil bill for January I realized that I can't keep this system (even though it is only 7 years old). If you have alternative ideas please let me know. I can't afford to have 4 different furnaces so natural gas is out of the question, and I can't have 4 tanks on he side of the house, so no propane...
More About: Heat , Electric
what to charge
2008-06-02 01:02:00
If I am about to lease to a tenant as a 1-year contract, do I ask for the 1st mo. rent + the last mo. rent + the security deposit? Or do I ask for the 1st mo. rent + security deposit ONLY? landlord in PA
More About: Charge
Tenants who that have rented for 43 yrs & 17 yrs
2008-06-01 03:04:00
My family has owned a 3 family for 50 years. I due to a sudden death, I now own the house. The tenants are always reminding me how long they have been there. They seem to think that I owe them. Is a gold LL rule to limit number of years to avoid these issues? One tenant is extremly hostile, she is mad that things are changing. She is very angry.
More About: Tenants
Copies of Leases
2008-06-01 02:29:00
I am just about to lease my rental to a group of four people, not related by blood. All four will sign the lease, but do I have to give all four their own copy of the lease, or is one copy for the group sufficient?Thanks for your input.
Tenants
2008-05-31 21:53:00
Hello,I have been a landlord for 2 years, and had one bad renter and one great renter. The great renters are leaving June 30th, and I am currently advertising. The quality of applicatants seems ho-hum. Is anyone else experiencing a lack of good applicants?We have a sfh in a subarb for $1300 + utils.The latest applicants are young 20's, two male two female, and upon application submission 1 of the males confessed to prior meth use but claims he has been clean for 2 years. I do not know if I should give him a chance if everything else checks out? Any advice is apprieciated.
More About: Tenants
Security Deposit
2008-05-31 05:35:00
I want to evict a tenant because of non payment of rent. I was told that I can't evict her as long as I still have her security deposit. Is this true?
More About: Security
Rental Income and the IRS
2008-05-31 04:35:00
With regards to reporting income from rentals to Uncle Sam.....For landlords who do not use property managers, is it sufficient to maintain a ledger or is theres a more 'official' means required to keep tack of this income?Many thanks!!
More About: Rental , Income
Tenant Broke Lease
2008-05-31 03:04:00
I had an idea tenant would be breaking lease, so I had prospective tenant ready to move in. Tenant gave me in writing that they were breaking lease on 6/1/08 lease is until 2/1/09, tenants letter is dated 5/28/08. I have new tenant ready to move in 6/1/08. Lease stipulates, if tenant breaks lease, the security deposit will be forfeited. I just did walk thru with old tenant, few damages, holes in wall, cigarette burn in new rug, scratch on hard wood floor. None of this documented on move in list.What is everyone's opinion, should I refund any security deposit or just take out damages? I don't want to be a witch about things, but I'm kinda tired of being walked on.Any advice would be greatly appreciated.thanks in advance.
Yard responsibility?
2008-05-31 02:05:00
Ok. I might have messed up. I am the LL. In the lease there are clauses for yard maintenance. I forgot to check the box for who would be responsible for yard maintenance. So, is the tenant off the hook to do the yard maintenance?
More About: Yard
tenant won't pay full rent
2008-05-31 02:01:00
I posted a few days ago about my tenant wanting to prorate rent. She has since sent a letter stating that she would not pay the full months rent and referenced some Texas laws about terminating tenancies. I guess she hasn't read her lease.I have a reply ready, but welcome to any suggestions.The real issue is when I get the prorated rent check in the mail should I put it in the bank?
More About: Full , Rent
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