Thursday, July 31, 2008

Renewing A Lease

Can my landlord recheck my credit without telling me?
Tenants should check with their landlords to see what their lease renewal process is. If their original agreement was to do an automatic renewal, that may include having a background credit check, or checking with their references, etc. A tenant should check with their original lease and also with the landlord in terms of what is the renewal process with regard to credit checks.

Can my landlord raise the rent to any amount when I renew?
Before a tenant's lease expires, the landlord will usually notify the tenant what the next step is on how to renew, if there's a possibility to renew and if there will be any changes to the terms and conditions of a new lease agreement or rental agreement, at which time the tenant will be notified in the event that the rent will increase.

Does my lease automatically become month-to-month when its over?
When a term lease expires and the landlord accepts the rent money from the tenant, it automatically becomes a month-to-month rental agreement.

Is there a standard lease renewal process?
There is no standard lease renewal process. Each tenant should check with their landlord to see if they have any renewal policy or process in place.

What is considered normal wear and tear on a unit?
Normal wear and tear on an apartment or a home is when items in the home or the apartment are worn from usage – normal usage. For example, stains on the carpet from walking, chipped paint on the walls, faded curtains – anything that's not intentionally or accidentally caused by the tenant. Not-normal wear and tear would include if the plumbing is backed up because of diapers or excessive use of toilet paper, or cigarette burn marks on the carpet. However, the wear and tear on an apartment or a home is the area where landlords and tenants most disagree over who's responsible for what.

Can a landlord charge a "cleaning fee"?
Landlords can charge a cleaning fee, however any amount of money that they charge, beyond the first month's rent, is part of the security deposit. So even if a landlord calls it a cleaning fee, plus the security deposit, plus last months rent, all of that money is considered a security deposit.

What does it mean to "assign" a unit?
An assignment is a transfer of a tenant's rights to someone else. It becomes a contract between the new tenant and the original tenant. However, the new tenant is directly responsible to the landlord concerning rent, damages, repairs, etc. However, the original tenant is still legally responsible to the landlord as well.

Do I have to notify my landlord if I assign my unit?
Tenants should always check with their landlords to see if their landlord allows assignment.

What does it mean to "sublet" a unit?
A sublease is a new rental agreement between the original tenant and a new tenant. However, the original tenant continues to be responsible for the payment of rent, damages and repairs and continues to be legally responsible to the landlord.

Do I have to notify the landlord when I sublet my unit?
Tenants should always check with their landlords to see if they allow tenants to sublease.

What can I do if my landlord does not return my security deposit?
Tenants always have the option to take their landlord to small claims court if the landlord refuses to return their security deposit or if they disagree over how much of the security deposit was refunded to them.

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