What are the legal do's and don't of a landlord ? Can they enter your apt. anytime they want without your consent ?

Yes if they own the apt. they can come in anytime they want my father is a landlord someone tried to sue him for coming in there home they were renting from him and it got throw out of court cause he has that right.just cause u pay rent there its still there property.

The landlord can enter the apartment or house, but only if they provide notice (24 hours or otherwise outlined in the lease). The only exception is if there is an emergency and you are not home or are home and don't open the door. Different things constitute an emergency, for example sink leaking over and flooding, fire, etc. I'm not a lawyer so don't quote me, however I am a landlord and these are restrictions I have to follow.

Hope this helps.

We are moving out of our apartment and have already given our notice. Our landlord obviously wants to show the apartment, but tonight he called at 6:30 PM, we were both at work, and left a message that he was showing our apartment at 7 PM. Can he do this? If not, I would love to know so I can tell him to stay the hell out of our apartment until he at least mentions it to us first. Any help would be greatly appreciated.

Thanks

Hello:

The do's and don'ts of a landlord vary depending on the State in which you live. Every state has its own Landlord Tenant Law. While most states are similar, they are not the same.

They are, however, readable and understandable. That is the ONLY place to get these do's and don'ts, and if you're going to be a landlord or tenant (who will be bound by these laws - even if you don't know them), it would be my advice to become intimately familiar with them.

If you'll tell me what state you live in, I'll answer your question specifically.

excon

Well... I have a question... I am moving this month and I didn't notice thist to the landlord... and when I asked him if he could return the deposit he said the hi is not going to give me any... cause I didn't noticed him on time...
Is he in his right to keep the deposit or am I in the right to get it back..
Little help please...
Thank you...

Hello:

Well, that would depend on the state in which you live, AND your rental status. I'll assume that you are month to month. Most states require at least 20 days notice and some require 30. Notice is so that he can rent the place right away.

If you didn't give him notice, then he can't rent the place right away and he will lose some money. You are going to owe him rent for the difference between the date you move out the date you gave notice. In other words, if you gave 10 days notice, and you are required to give 20, you'll owe him 10 days rent.

None of this had anything to do with the deposit, however. He is required to give it back (again, depending on the state where you live), within 14 days along with an itimized list of the repairs he had to affect and the amounts he paid. He cannot take rent from your security deposit.

Some states require you to demand your deposit back - some don't. Some will give you triple the amount back if the landlord doesn't respond within the time limits.

Do everything in writing from now on, and abide by your contracts. That way, you can demand that the landlord does too, although you might have to sue him. Small Claims court is cheap, easy and fast.

excon

When my roommate and I left our apt. we had a walk through scheduled and when we went to the office they told us that they would come look later that we could go because they were busy and couldn't come do a walk through and now they are trying to charge us for carpet replacement that did not need it. I don't know what to do, they are threatening to send us to collections.

Hello Venuskm:

What you should have done is take pictures of the beautiful condition you left the apartment in.

However, you didn’t do that. Evidently, you had no deposit, as they are threatening to take you to collections rather than you trying to get your deposit back.

I would write them a letter. Send it certified. Tell them that if they damage your credit rating by making false claims, you’ll sue them for defamation of character. If they do send you to collections, it isn't no big deal. Yes, it will go on your credit report, but they have no power to collect the debt. If you get a letter from the collection agent, you have 30 days in which you can dispute the debt. Do that, again by certified mail. Tell them also, in the letter, not to contact you again per the Fair Debt Collection Practices Act. At this point, the only way the landlord can get money from you is to sue you. That’s good. That’s your opportunity to tell the judge that the carpet WAS in good shape when you moved out. If it’s true, and the landlord can’t PROVE otherwise, he’ll lose.

excon

Thanks every little bit helps! They do have a security deposit from us. They sent a letter/bill for new carpet and trash removal. I know we left that place bare and my roommate has spoken with the new tenant about something else and she voluteered to us that she told them to leave the carpet and they told her they replace every time. Do you know where we could find the laws for MD on fees etc like this? Ive looked on tenant/landlord laws or something like that but I have no clue where to look in all those articles and sections.

Hello again:

Try rentlaw.com and look up your state. It should be there. If not, look up your state government web site and you should find it there. If not, call the Secretary of State for your state and ask them to mail you a copy.

You need to actually see the law. It's not very difficult and not very long. I'm sure it's not going to list fees for these things.

The policy, as the new tenant outlined it, to change carpet whenever a change occurs shouldn't be your responsibility to pay for, if you can prove that's what they do.

In general, and your state may be slightly different, the landlord is required to send your deposit back within 14 days, along with a statement itemizing each deduction. If the deductions don't seem reasonable to you, they won't seem reasonable to a court.

If they don't do this, or don't do whatever your state requires, then you can sue them, and I absolutely would. Small Claims court is cheap, quick and easy.

excon

Thanks bunches - I'll let u know how it goes. I'll be sending them a letter this week and see how they respond.

Thanks again

:)

Check landlordtenanthelponline.org (http://www.landlordtenanthelponline.org)

If I haven't signed a lease do I have to give a 30day notice before I move out? And also if not and I have paid for that month but move out only 7days into that month should I get money back? Can someone help I think I am getting the shaft here...

Hello dcamp, maybe I can help:

If you haven’t signed a lease then you are month to month. Depending on the state where you live you most likely are required to give at least 20 days notice.

If you paid for the month and move out early, you are NOT entitled to money back, in most cases. It really depends on the reasons you are moving, but generally, no.

You can look up your states landlord tenant law at rentlaw.com. I recommend you read it. It’s short and understandable.

Hang in there.

excon

can a landlord specify about smoking in the apt. and if so if a tenet does not obuy by it can they be kicked out by the law "judge"undefined

Yes, a landlord can specify that the tenant may not smoke in the apartment. If this rule is not put in writing and made a part of the lease then the landlord will have a hard time getting the tenant out. But if it is in writing and part of the lease then the landlord can have the tenant evicted for violation of the terms of the lease. Keep in mind that if the tenant denies smoking in the apartment then the landlord will have to prove it.

The rental laws of every state differ. In most of the states where I own or have owned property, I could only enter the property with proper notice ( or 24 hour notice) unless there is some emergancy reason to enter ( gas leak, water leak)

Also a landlord may have it written into the rental agreement on what terms they can enter, monthly inspections and the such.

Normally in small claims court, if you end up there, try to have as much evidece you can, photos, list of calls and contacts with landlord and the such.

I have not read though the entire chain, but in general you always need a written lease, it is for your protectoin as much as the owner.

They also have required laws to evict you if it gets to that also.

Hi there,

I have handed in my notice at a flat I currently rent and fully understand that the land lady wants to view the property for protential new tenants. The only problem is the letting ageny she has gone through have gone into my flat and viewed the property without my permission. Is this breaking some sort of Law? Please can someone tell me where I stand on this as I am most upset that my privacy has been invaded!

Thanks

You are right. They have no right to enter without a notice.

In a friendly way notify the Landlord and the Agency that you need to receive the proper notice before allowing anyone into your apartment.

Hopefully they are friendly and apologize - and promise to do so in the future. If they do it again, I'd complain to your State Attorney General.

Hello Misty, maybe I can help:

Without knowing where you are located, I can’t help you with specific quotes from your state law. All state landlord tenant laws, while similar, are not the same. Also, I notice you use the term “flat”. Does that indicate that you are located outside the US? If that’s so, I have no idea what international landlord tenant laws there are, if any.

However, nowhere in the US is a landlord allowed to enter WITHOUT permission. Do this: Change the locks. Call the landlord. Tell him what you did and why. Tell him that you demand a minimum of 24 hours notice prior to a showing. If he won’t talk to you, leave a message. Follow up with emails, and a letter stating the same thing, sent certified, return receipt requested. Tell him, that if he violates your privacy one more time, you will sue him.

If you let me know where you live, I could give you specific language from your law.

excon

Hi Excon,

I actually live in the UK and rent a flat. I spoke to citizens advice but they couldn't really help me. The land lady gave her set of keys to the agency and it is them who have entered my flat without permission. At first they said they had the landlady's permission but now they have changed and said there was a mix up and thought I had been called about it. They have apologised but I am so angry and upset that this has happened because the land lady has also been very nasty throughout the tenancy and this has now topped things off!

Thank you for helping me

I did not notice you were in UK. I am only familiar with US Landlord-Tenant Law, so my advice may not be applicable. Sorry 'bout that :o

Hello:

The do's and don'ts of a landlord vary depending on the State in which you live. Every state has its own Landlord Tenant Law. While most states are similar, they are not the same.

They are, however, readable and understandable. That is the ONLY place to get these do's and don'ts, and if you're going to be a landlord or tenant (who will be bound by these laws - even if you don't know them), it would be my advice to become intimately familiar with them.

If you'll tell me what state you live in, I'll answer your question specifically.

excon
I am wanting to rent a house I need know the dos and donts for both parties. What I need to do to get started. I live in the state if Oklahoma. Thanks cool t

Here's the OL Landlord and Tenant Act laws:
http://tenant.net/Other_Areas/Oklahoma/tenant.html
Or
http://www.ohfa.org/Rental/ltact.html

Also go to http://realestate.findlaw.com/tenant and read about leasing in general. Then click on the Resources link and there should be information for Oklahoma.