Landlord Tenant Lease Laws
- Unless state law otherwise specifies, security deposits can be charged in any amount and nearly half the states have no statutory limit. In states that do limit security deposits, it typically cannot exceed more than two months rent, although other states limit the amount to one months rent. It should be noted that unless the deposit is specified as non-refundable, it remains the property of the tenant at all times.
- Once a tenant signs a lease, he can expect the provisions of that lease will not change without his consent. When agreeing to changes, it is best to get them in writing in order to avoid any confusion or disagreement. However, you should be aware that consent does not need to be in writing but can be given orally or even by a party's actions.
- While provisions of the lease cannot be altered without the tenant's consent, changes to monthly rent are more complicated. In general, monthly rent should not be increased but as each individual lease sets the conditions under which any increase may happen, tenants rights will vary. In those instances it is always important. Just as important is knowing that in those instances where a rent increase may occur that increase should never be done in retaliation or meant to punish a tenant from asserting her lawful rights to repairs and to the quiet enjoyment of the property.
- Holding over is what happens when a tenant remains on the property after the expiration of her lease. In those situations the concern is whether the lease continues to control the relationship between the landlord and tenant. In general, it does. The only changes to the relationship are that the lease converts to a month-to-month basis and that the notice requirements for changing any other lease provisions are reduced to 30 days.
- Tenants may enter into oral leases with a landlord. In those cases the lease is typically viewed as being month-to-month, though they can be longer. However, at no time can an oral lease exceed a year. Any lease longer than one year must be in writing. However, while oral leases are allowed under the law, you should avoid enter into an oral lease for the same reasons you should always agree to lease changes in writing. It prevents confusion or disagreement.
- Landlord/tenant laws vary by state and individual rights and responsibilities may differ. Contact a licensed attorney in your state for additional information.
Security Deposit
Lease Provisions
Rent
Holding Over
Oral Leases
Caution
Source...