Author Archives: rentapplication
Author Archives: rentapplication
Missouri is generally considered to be a landlord-friendly state, mostly due to the relative ease of eviction for non-payment as compared to some other states. However, Missouri tenants do have some significant protections under state law (especially as regards security deposits), and both parties in any lease agreement should be fully aware of them.
One important thing to keep in mind is that each city and county has their own ordinances that may supplant state law, and each will have their own paperwork requirements in order to handle things like evictions. Also keep in mind that while all of the information here is up to date and accurate as of this publication, none of this should be taken as legal advice or a replacement for the assistance of a qualified lawyer.
There are no statutes requiring landlords to charge interest on security deposits, nor are there any rules about non-refundable fees, pet deposits, receipts for deposits, record keeping for deposit withholdings or keeping security deposits in a separate bank account.
Landlords are restricted to charging no more than two months rent for a security deposit, according to Mo. Rev. Stat. 535.300. Landlords are required to return the security deposit within 30 days after the lease ends. They can withhold money from the deposit, but only for certain specific reasons: to cover unpaid rent, to restore the unit to the condition it was given to the tenant in, and to cover actual damages caused by the tenant’s early termination of the lease. The landlord is required by law to attempt to mitigate those damages by re-renting the unit, however, and they must also provide the tenant with an itemized list of charges.
Should the landlord be found to have withheld the security deposit in bad faith, the tenant can recover damages of twice the amount withheld.
There are no statutes on default due dates for rent payments, prior notice of an increase in rent, a grace period for rent payments, late fees, prepaid rent or early termination fees. If late fees or a grace period are going to be established, however, they must be defined clearly in the lease.
Returned check fees do have limitations under Mo. Rev. Stat. 570.120. Landlords can only charge a fee of $25 plus recovery of any fee their bank may have charged.
In most cases, tenants are not allowed to withhold rent for failure to provide essential utilities. However, under Mo. Rev. Stat. 441.650, a tenant in a multi-unit building that has a master meter can petition the circuit court of the county for the property to be put in receivership once they have been notified of a termination of service for nonpayment.
Tenants are allowed to make repairs and deduct them from the rent, under certain specific guidelines listed in Mo. Rev. Stat. 441.234. The tenant has to have been on the premises for at least six months, must not be behind in the rent, and the issue being repaired must directly impact the habitability of the unit. In addition, the tenant must give the landlord 14 days written notice and may not deduct a total amount that exceeds one month of rent in a 12-month period.
Landlords are required to attempt to mitigate damages if a tenant terminates the lease early, including attempting to re-rent the unit as soon as possible. When the tenant quits the property, the landlord must give them 10 days of written notice if they have left any property behind. The landlord may discard the property if the tenant does not respond within 10 days.
Under 041.0944, members of the military are allowed to terminate their lease early should they receive permanent change of station orders, orders to deploy for more than 90 days, orders to reside in government quarters, or are discharged or separate from the armed forces. They are required to provide a copy of official orders along with 15 days written notice to the landlord. Members need only to pay for the rental period they are currently in, and they are entitled to a full return of their security deposit provided that there is no damage to the dwelling or back rent owed.
Under Mo. Rev. Stat. 441.060, tenants must give a month’s notice prior to terminating a month-to-month lease, and 60 days notice prior to terminating a yearly lease that has an open end date. There is no statute governing prior notice for week-to-week rental arrangements.
It is possible for landlords to get immediate eviction in Missouri with a court order. The circumstances under which such an order can be obtained are fairly specific and limited, however. The tenant must knowingly invite a person onto the property that they know to be banned from it, engage in drug-related criminal activity on the premises, or create an emergency situation that would either endanger other tenants or cause significant damage to the property. These terms are covered in more detail in Mo. Rev. Stat. 441.740.
Missouri is also one of the few states that allows immediate notice of eviction for non-payment of rent. In reality, with various county and city regulations in play, it will likely take a landlord anywhere from a week to a month to actually evict the tenant. Termination for a lease violation or for subletting without the landlords permission requires an advance notice of 10 days.
Mo. Rev. Stat. 535.300 addresses move-out inspections. The landlord is required to give the tenant a reasonable amount of notice in writing of the date of the inspection. Tenants have the right to be present at the inspection.
Lockouts and utility shutoffs are never allowed under Missouri law. There are no statutes on notice for forms of entry other than the move-out inspection, for entry during an extended absence or for pesticide use.
Mo. Rev. Stat. 535.185 requires landlords to disclose their name and address to tenants, as well as the name and address of any appointed property managers, prior to the beginning of the lease. There is no statute on providing tenants with a copy of the lease, however.
Landlords are required to keep the premises habitable, make repairs due to ordinary wear and provide written notice to tenants if there is a sale or transfer of the property. Tenants are required to keep the premises clean, use fixtures reasonably and refrain from damaging the property. They must also disclose in writing any knowledge of past methamphetamine production on the property, under Mo. Rev. Stat. 441.236. Tenants are not allowed to sublet the property without the owner’s permission under Missouri law.
The small claims court limit in Missouri is $5,000. Evictions are not heard in small claims court in the state. The statute of limitations on written contracts is 10 years, and is five years for oral contracts.
Minnesota has strong and detailed protections for residential tenants that both renters and landlords should be fully aware of. Legislation was passed in 2010 that made sweeping changes and updates to the state’s rental law, including increased penalties for bad faith retention of a security deposit and added protections for renters who are in foreclosed properties. Landlords and tenants should brush up on rental law if they have not looked at it since that time, as these changes may impact ongoing lease agreements that they already have in place.
Bear in mind that while all of the information printed below is cited by state statute and is accurate at the time of this writing, it should not be considered a replacement for legal advice from a qualified lawyer.
Minnesota Stat. Ann. 504B is the central set of laws that governs landlord-tenant relationships in the state. There are some special laws that pertain specifically to manufactured homes, and the state publishes a free handbook that directly addresses these ordinances.
Minnesota has no statute on maximum security deposit amounts, providing a receipt for the deposit, record keeping for deposit withholdings, pet deposits and added fees. Landlords are required to provide interest on security deposits, however. They must provide 1% interest per year, beginning with the first day of the month following receipt of the deposit to the final day of the month in which the deposit is returned (under Stat. Ann. 504B.178).
Landlords are also required to return the deposit to tenants within 21 days of the end of the lease. If the dwelling is legally condemned, however, the landlord has only five days to return the deposit from the date the tenant moves out. Landlords can withhold monies from the deposit for unpaid rent and damages, but they must provide tenants with an itemized list of damages and charges. If the landlord sells or transfers the property, they are required to return the deposit within 60 days. Tenants are not allowed to use the deposit to pay the rent of the final month.
If the landlord fails to comply with any of the provisions of Stat. Ann. 504B.178, they are required to immediately return the deposit in full along with the interest and a penalty equal to the total amount withheld. If a landlord is found to have withheld the security deposit in bad faith, a $500 fine can be added to this amount.
There are no statutes on default rental due dates, grace periods for paying rent without penalty, or returned check fees.
If a landlord wishes to increase rent, Stat. Ann. 504B.177 stipulates that they must give one rental period plus one day of advance notice. Late fees are not allowed to exceed 8% of the total late amount of rent, and the specific fee amount must be included in the lease. If the tenant pays their rent in cash, the landlord is obligated to give them a written receipt.
Application fees are allowed by Stat. Ann. 504B.173. However, the statute stipulates that the fee must be reasonable, and it must be put toward a background check. It can also only be charged if there is a unit available of the type the tenant is requesting. A written lease is actually only mandatory under state law if the landlord owns a building with 12 or more units, but just about all rental arrangements will voluntarily draw up a written lease to avoid trouble. If there is a written lease, the landlord must provide the tenant with a copy.
Subletting is allowed by state law unless the lease specifically forbids it. However, the original tenant will be held liable for unpaid rent and damages to the dwelling.
Stat. Ann. 504B.425 allows tenants to repair and deduct rent with a court judgement. Landlords are allowed to recover attorney and court fees if they win a court case. There is no statute specifying that landlords have to mitigate damages in the case of an abandoned lease.
There are no statutes governing termination of a lease for a violation or requiring landlords to give advance notice of a move-out inspection.
For month-to-month and week-to-week leases, tenants are required to give at least one rental period of advance notice under Stat. Ann. 504B.135. Landlords may terminate a lease for non-payment with 14 days advance notice in writing, and they may issue this notice the first day of the rental period that rent goes unpaid.
Provisions for entry by the landlord are covered under Stat. Ann. 504B.211. A specific amount of time is not specified, but the statute does say that it must be a “reasonable” amount of time. In addition, the statute lays out specific purposes for which the landlord is allowed to enter, such as showing the unit or performing maintenance. Landlords may also enter with notice to check on a tenant who is disturbing other tenants or who may be violating the lease. In housing units where at least 80% of the residents are age 55 or older, landlords and their agents may also enter with notice to perform housekeeping duties. If landlords enter when the tenant is not present, they must post written notice of the entry in a conspicuous place.
This same statute also provides for immediate emergency entry conditions. Emergency entry is allowed when there is evidence of unlawful activity, when law enforcement requests emergency entry to the unit, or when there is reason to believe the safety of the tenant or others in the unit is in question.
Landlords can be fined $100 for each breach of notice and entry rules, and may also have the lease immediately annuled. Lockouts and utility shutoffs are never allowed. If a tenant is evicted, they have 28 days to claim any items left in the property before the landlord is allowed to sell them to recover any rent or damages owed to them. If the landlord places the items in storage, the tenant is liable for the cost of that storage to the date that they pick the items up.
The responsibilities of a landlord are laid out in Stat. Ann. 504B.161. Landlords are required to keep the premises fit for use, perform needed maintenance, keep the premises reasonably energy efficient, and to comply with all applicable laws. They must notify tenants that the Landlords and Tenants Rights and Responsibilities Handbook published by the state is available to them, though they do not have to directly provide a copy. Landlords must also disclose their name and address to the tenant along with that of anyone authorized to manage the property, and they must provide a copy of all inspection and condemnation orders and declarations prior to receiving any deposit or signing a lease.
Tenants are required to not participate in illegal activities. If they are engaging in unlawful activities on the premises, they can be evicted immediately but still be held liable for rent payments for the remainder of their lease. Smoking inside of all common areas of apartment buildings is prohibited by the Minnesota Clean Air Indoor Act.
Minnesota offers protection to tenants who have experienced domestic violence under Stat. Ann. 504B.206. Landlords are allowed to request verification of domestic violence status. Once provided with this, tenants are allowed to terminate the lease immediately with a copy of a no contact or protection order. The tenant will still be required to pay any owed rent to that point plus full rent for the following rental period. Landlords may not disclose any of the information they receive from a victim of domestic violence.
Retaliation is illegal under Stat. Ann. 504B.441. This includes refusal to renew a lease, lease termination or a reduction of services in response to a valid complaint to the landlord or to a government agency.
The small claims court limit in Minnesota is $15,000. Evictions are not heard in small claims court in the state.
Rental laws in Ohio are covered in Ohio’s Revised Code in Chapter 5321 (titled “Landlords and Tenants”) and Chapter 5323 (titled Residental Rental Property). Some additional relevant information is in Chapter 1923, “Forcible Entry and Detainer,” and Chapter 1319, “Miscellaneous Credit Transactions.” This article aims to give you an overview of the major landlord-tenant laws in Ohio, but for the most up-to-date information, you should consult the code of Ohio itself or legal counsel. In this article, we’ll cover security deposit rules; lease, rent, and fee rules; notice and entry rules; and required disclosures and notes. We’ll close with some information on smalls claims courts, courts in Ohio, and realtor associations.
Section 16 of Chapter 5321 (5321.16) covers security deposits in Ohio. Interestingly, a tenant begins to earn interest on their security deposit if their tenancy is longer than six months. The rate is five percent per year and is paid on any “security deposit in excess of fifty dollars or one month’s periodic rent, whichever is greater.”
The deadline for landlords to return the deposit is 30 days after the tenant moves out. The landlord can withhold return of the security deposit if they use it to cover past due rent or “damages that the landlord has suffered by reason of the tenant’s noncompliance with section 5321.05 of the Revised Code or the rental agreement.” If they do withhold all or part of the deposit, the landlord must provide an itemized notice to the tenant “within thirty days after termination of the rental agreement and delivery of possession.”
Meanwhile, the tenant is responsible for providing the landlord with a forwarding or new address for delivery of the itemized list. If the landlord withholds the deposit but doesn’t provide the itemized list, the tenant can sue; however, they can only recover damages and attorney fees if they have provided the landlord with a forwarding or new address.
In Ohio, the lease determines the amount of rent due and any late fees. There are no statutes covering whether a tenant can repair the property and deduct rent, any abandonment or early termination fees, or if a landlord must attempt to mitigate damages. If the landlord doesn’t provide essential services, the tenant can withhold rent. Essential services are covered in sections 5321.04 and include heating and hot water.
Should the tenant decide to withhold rent for a lack of essential services, they must notify the landlord. If the landlord doesn’t remedy the situation within a “reasonable time” or 30 days, whichever is sooner, then the tenant can deposit the rent instead with the “clerk of the municipal or county court having jurisdiction in the territory in which the residential premises are located,” according to section 5231.07. They can also apply to the court to remedy the situation, and while they wait, they may be able to pay reduced rent. The court can also make the landlord use any rent toward remedying the problem. As a final option, the tenant can end the rental agreement.
Two housing situations are not covered by the previous paragraph: housing occupied by students and housing where the landlord “is a party to rental agreements that cover three or fewer dwelling units” and provides the tenant notice of that fact.
There are no statues covering rent grace periods, rent increase notices, or prepaid rent.
Section 1319.16 covers check fees. The fee on a returned check cannot exceed the greater of $30 or 10 percent of the check’s value.
If an end date is noted in the lease, then no notice is required: The lease just ends. But section 5321.17 contains provisions for short-term leases. The landlord or tenant can end a week-to-week lease with seven days’ notice, and end a month-to-month lease with thirty days’ notice.
Section 1923.04 covers the notice requirements if a landlord wants to terminate a tenancy for a lease violation or nonpayment. The landlord must give a three-day written notice. The notice must conspicuously contain the following wording:””You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.” Meanwhile, section 1923.02 demands that a landlord begin eviction proceedings if the landlord “has actual knowledge of or has reasonable cause” to suspect a violation of a controlled-substance ordnance, whether by the tenant or someone the tenant has allowed on the premises.
Tenants must also follow general tenant obligations, as listed in 5321.05. If they fail to, the landlord must deliver a written notice, as described in 5321.11. The tenant gets a minimum of thirty days to fix the problem, as listed in the notice. If the tenant “fails to remedy the condition specified in the notice, the rental agreement shall terminate as provided in the notice.”
Sections 5321.04 and 5321.05 cover entry rules for landlords and tenants, respectively. For non-emergency maintenance and repairs, landlords must provide 24 hours’ notice and enter at a reasonable time. No notice is required in emergencies. The tenant can’t block the landlord from entering the unit to show it to perspective tenants, within reason.
Section 5321.15 stipulates that lockouts and utility shutoffs are not permitted by the landlord.
Stipulations on what rental agreements must contain are present in 5321.18. The key point is that “every written rental agreement for residential premises shall contain the name and address of the owner and the name and address of the owner’s agent, if any.” In the case of oral agreements, that information must be put in writing and given to the tenant at the time of move-in.
The property owner has further filing obligations, as present in sections 5323.02, 5323.04, and 5323.99. With the county auditor, the owner has to file their phone number, name, and address. If the owner has an agent, they must also file the same information for the agent. Along with that, the owner has to file the property’s address and parcel number. All of this becomes public information. If the owner fails to provide or update that information, the auditor can apply a fine between $50 and $150.
If the landlord knows of any hazards caused by lead paint, they must disclose this information to the tenant. Per the Department of Housing and Urban Development’s lead disclosure rule, landlords must also provide tenants with an EPA-approved pamphlet “on identifying and controlling lead-based paint hazards” and “provide any records and reports on lead-based paint and/or lead-based paint hazards which are available to the seller or landlord.” This affects most housing that was constructed before 1978.
The limit in Ohio small-claims court is $3,000, as per section 1925.02. Eviction cases do not occur in small-claims court, instead taking place in a county or municipal court, as stipulated in 1923.01. The statute of limitations on written contracts is eight years (2305.6).
Relevant court and legal entities are the Supreme Court of Ohio and Ohio Judicial System, the Ohio Attorney General, and the Ohio State Bar Association, the last of which can be a source of legal aid. Other legal-aid sources include the legal aid societies of Columbus, Cleveland, and Greater Cincinnati; Ohio Legal Services, which assists low-income Ohio residents; Legal Aid of Western Ohio; Southeastern Ohio Legal Services; and Community Legal Aid, which focuses on northeastern Ohio.
Ohio’s main professional realtor group is the Ohio Association of Realtors.
This article will contain an overview of the relevant laws and regulations pertinent to the landlord/tenant relationship in the state of Mississippi. The information is taken from both official state sources and official municipal sources, and it represents the most current available data at the time of this preparation.
It should be borne in mind however, that state and municipal regulations change frequently, so the possibility always exists for any given statute to be superseded. For any specific questions you may have about information within, links are provided at the end of the article for you to contact the appropriate legal authority.
(as set forth in Chapter 8 of the Residential Landlord and Tenant Act)
There are currently no Mississippi existing statutes regarding the following: maximum security deposits, pet deposits, non-refundable fees, receipts of deposit, deposit record-keeping, separate security deposit bank accounts, and security deposit interest.
(as set forth in Chapter 8 of the Residential Landlord and Tenant Act)
There are currently no Mississippi statutes regarding the following: abandonment or early termination fee, landlord recovery of attorney or court fees, tenant withholding of rent for failure to provide essential services of habitation, pre-paid rent, grace period for rent, notice of rent increase, and any requirement upon the landlord to reduce damages to lessee, e.g. attempting to re-rent the premises.
There are currently no Mississippi statutes for the following: date for move-out inspection, allowable entry for maintenance and repairs, emergency entry without notice, and pesticide usage notice.
(as set forth in Chapter 8 of the Residential Landlord and Tenant Act)
Eviction cases are allowed in small claims courts in the state of Mississippi, although some cases are also heard in Justice Court. The monetary limit on small claims actions is $3500, and the statute of limitations on lease contracts is four years, while the statute of limitations on oral contracts is three years.
The Mississippi Attorney General can provide overall information about the court system, and can direct inquiries to the appropriate legal level, as can the State of Mississippi Judiciary. For specific information on small claims, the Mississippi Small Claims Court can be consulted, and for higher level inquiries, Mississippi Justice Court will be able to satisfy information needs. State attorneys are listed in the Mississippi Lawyer Directory and services they provide can be researched in Mississippi Legal Services.
There are several real estate groups which operate either state-wide or in certain sections of the state, including the Mississippi Real Estate Commission, the Mississippi Realtors, the Central Mississippi Realtors, the Hattiesburg Association of Realtors, and the Gulf Coast Association of Realtors. Landlord associations also exist in the state, such as the Greater Gulf Coast Apartment Association and the Jackson Real Estate Investment Group.
Whether you’re a tenant or a landlord, there are several statutes in West Virginia that govern tenancy and leasing. Each state has their own statutes, but many adopt similar or identical rules. Some issues have no statutes on one state while another will have passed regulations. Knowing the rights and responsibilities of both parties can make your renting experience smoother and more enjoyable. Although we discuss a number of statutes, linking to the official source. If you are having issues, we encourage you to become informed and then seek legal advise. While the list of regulations we include is extensive, it is not all inclusive, so as always, you should do your own research.
That said, in West Virginia, there are several laws that regulate landlord tenant issues, rights and responsibilities. We have used the following sources in researching these rules:Tenant and Landlord regulations can be found in West Virginia Statute § 37-6-1 to 37-6-30, “Remedies for the Unlawful Occupation of Residential Rental Property” AKA Eviction rules are listed in West Virginia Statute § 55-3A-1 to 55-3A-3, Miscellaneous rules West Virginia Statute § 55-2-1 to 55-2-22.
Additionally, there are a number of rules and regulations made available in the following Pdf versions:
Although you can rent without a lease, it is unwise to do so. A lease is a written contract that protects both the tenant and landlord. Leases will contain security deposit amounts, pet deposits, fees, rent amount and due date. Also included may be a move in walk through checklist that will be invaluable when moving out if there are issues, such as a stain on the carpet or other imperfection. A lease may include a predetermined date of termination. Having everything that is required of the both parties in the written form of a lease can save you a lot of problems during your tenancy and after moving out. You can always contact your local West Virginia Association of Realtors with any questions you may have regarding leasing.
West Virginia regulates certain aspects that are contained in the lease, such as late fees, which are allowable as agreed to in the lease § 37-6A-2(b)(1). Returned check fees are allowable up to $25 § 61-3-39e. Interestingly enough, there are no statutes regulating rent, the date it is due, notice of increase, grace periods, prepaid rent. Additionally there are no statutes that govern withholding rent by the tenant for repairs or allowing tenant to withhold rent if the landlord fails to supply basic essentials such as water, heat and trash removal.
There are no statutes governing court costs and attorney’s fees for landlords that may incur such expenses or for early termination of lease and abandonment of the property fees. Regarding mitigation of damages to lessee and re-rental of abandoned property, the landlord has the right to hold the lessee responsible for rent for the remainder of the lease, or may re-rent the property. If re-renting, the landlord must inform the tenant of this intention. However, the tenant will still be responsible for the remaining term of the lease, and for the difference between and rent received from re-renting. If the landlord holds the tenant responsible for the rest of the lease, the tenant may recover their possessions once any unpaid rent is paid and any other obligation is met as outlined in the lease § 37-6-7, § 37-6-8.
The state of West Virginia makes no statutes regarding security deposit maximum, security deposit interest, pet deposits, receipt of deposit or regarding holding deposits in a separate bank account. Non-refundable deposits are allowed under statute § 37-6A-1(14) as long as it is agreed upon by both parties in writing. West Virginia also regulates return of the security deposit, requiring the deposit be returned within 60 days of vacating the rental property or 45 days after the property is leased to a new tenant, which ever is shorter with statute § 37-6A-1(7). In the event that damages are present that will cost more than the deposit and will require, the landlord should provide the tenant with a written notice within the time allowed to return the deposit. Once notice has been given, the landlord then has an additional fifteen more days to provide written description and charges incurred according to statute § 37-6A-2(c).
West Virginia restricts the use of security deposits with statute § 37-6A-2(b), allowing them to be used for unpaid rent, including reasonable late fees as agreed in the lease. Damages caused by noncompliance with the Tenant’s duties, but not normal wear and tear can be taken from the deposit. Unpaid utility bills that the landlord may be held responsible for, again as outlined in the lease can be covered by the deposit. West Virginia also allows landlords to withhold the cost to move and store tenants possessions. There are two statutes requiring written description and itemization of damages and costs; § 37-6A-2(a), § 37-6A-2(c).
West Virginia statute § 37-6A-3 requires landlords to keep records of security deposits and monies kept from said deposits for one year after tenancy ends. Landlords must allow the tenant or an authorized person acting for the tenant to examine the records within 72 hours of receiving a written request to review the records.
Should the landlord fail to comply with statutes governing the security deposit, failing to act in good faith or purposely withholding the deposit without showing cause, the tenant is entitled to bring suit asking for one and a half times the amount of the deposit that was held plus the deposit itself. Any rent that is owed will be withheld from the amount awarded to the tenant § 37-6A-5. Recovery is limited to $5,000.00 in the Northern and Southern West Virginia small claims courts.
Notices given to end tenancy are regulated under statute § 37-6-5. As with most fixed end date tenancies, no notice is required. On month to month tenancy, a 30 day notice is required and on weekly or shorter tenancies, a 7 day notice is required. On a yearly lease, a three month’s notice is required, or as otherwise specified in the lease. All notices must be written.
In the event that a tenant violates the lease, the landlord may file for immediate eviction without written notice. However, written notice shall be made once the matter has been set for hearing in front of a magistrate. For week to week leases and failure to pay rent, the same process for eviction applies. All other evictions also follow the same process. § 55-3A-1
There are no statutes regarding notices for move in/out inspections in relation to date and time. There are also no notices regarding entry to the rental property regardless whether it is for maintenance, pest control, showings, emergency, non-emergency or during an extended absence. Although there is no statute, reasonable notice of 24 hours is expected.
Finally, there are a number of statutes prohibiting lockouts and utility shut offs that protect tenants from such tactics § 55-3A.
There other miscellaneous regulations and rules that both landlord and tenant should be familiar with. For example, there are rules governing the responsibilities of the landlord Landlord’s Duties as listed in Statute § 37-6-30. Although there is no law governing the tenants rights and responsibilities, they are outlined in the guide for Landlord and Tenant Rights and Responsibilities.
The landlord must disclose lead paint in the home and give the tenant a pamphlet regarding lead and the risks of exposure.
Wisconsin has several statutes that govern landlord and tenant relationships. There are many requirements that landlords are responsible for, as well as some governing the responsibilities of the tenant as well. Renting can become a complicated legal matter with just one wrong turn, so it behooves both tenant and landlord to become familiar with the numerous statutes that govern issues and some details involved in tenancy. One of the statutes that is helpful is titled “Landlord and Tenant Statutes” and can be read in Wisconsin’s 704 up to statute 704.50
These laws are complex and reviewing them with an expert is always wise. The experts at the Wisconsin Realtors Association are not only helpful with finding your perfect new rental, but they are also well versed in real estate law, including landlord tenant issues. Beginning your tenancy armed with information can help it be a successful relationship that is mutually beneficial and prevent costly appearances in small claims court.
Security deposits, repairs statutes can be found in the Department of Agriculture, Trade and Consumer Protection chapter 134; Residential Rental Practices. Leasing can benefit both tenant and landlord, and understanding what responsibilities both landlord and tenant have toward one another regarding tenancy. To help keep the peace and ensure each party understands their responsibilities, Wisconsin legislators have developed statutes over the years that make clear what is expected of both parties and any consequences that may occur if statutes are violated.
The idea of signing a lease may be intimidating, but it doesn’t have to be. By understanding what is in a standard lease, you will arm yourself with knowledge. A lease agreement is a legally binding contract. It is an agreement between both landlord and tenant and acts as an official record and legal guide to tenancy.
Your lease will list the amount of security required, the date it was received and the amount paid, your monthly rental obligation, the day rent is due, the length of tenancy or lease period, and many other particulars including who is allowed to live in the property to how many pets you have, their sex and breed and a description. Having a lease guarantees certain conditions will be met that are mutually beneficial to both parties. A lease also protects both parties.
In Wisconsin, there is no statute regarding what day rent is due, but there other statutes regarding rent. A landlord is required to issue a rent receipt if the tenant has paid in cash according to Wisconsin Administrative Code §§ 134.03(2b). If the landlord wishes to increase the amount of rent paid, a 28 day written notice of intent is required §§ 704.19(3). If the tenant is late paying rent, the landlord may only charge late fees if they are included in the lease.
Wisconsin Administrative Code §§ 134.03(1) provides that the landlord shall present to the tenant the lease agreement and other rules for the tenant to examine prior to accepting any earnest monies, deposits and before signing the agreement. The landlord will furnish the tenant a signed copy upon execution of the lease.
When a lease agreement renews automatically, the landlord is obligated to give the tenant a 15 day notice of intent to renew, or a 30 day notice of intent to terminate as regulated under statute §§ 704.15.
If the tenant pays more than the rental amount due, the landlord may keep the overage and apply it to the security deposit as there is no statute governing prepaid rent according to Wisconsin Administrative Code §§ 134.02(11). However, for a tenant that may need to prepay rent, it may be stipulated in the lease as agreed upon by both parties, which would prevent the funds from being diverted to security deposit held.
In the event that the landlord fails to provide the tenant with basic services such water, heat and trash removal, or the residence has suffered damage as a result of fire or other catastrophic event and has become in habitable, the tenant may withhold rent under Wisconsin Statute §§ 704.07(4). However, if the tenant remains in the home, the amount of rent withheld will in an amount that reflects the amount of damages, but never the full amount. If the tenant must vacate the premises, the tenant may withhold the entire amount. There is no statute that allows the tenant to make repairs and deduct those costs from the rent.
The state of Wisconsin prohibits the landlord from creating inhabitable conditions in the effort to force a tenant out. Landlords may not terminate basic, essential services such as heat and water or change the locks, preventing the tenant from entering or any other behavior whose intent and purpose is to force the tenant to vacate as listed in Wisconsin Administrative Code §§ 134.09(7).
In the event a tenant abandons the property or asks for early termination, the landlord is obligated to make a good faith effort to reduce the damages the tenant will incur by re-renting the property as soon as possible. This regulation can be found in Wisconsin statute §§ 704.29(2)(b).
Wisconsin Administrative Code §§ 134.03(2a) requires that the landlord provide the tenant a written receipt if the security deposit is paid in cash, or if the tenant asks for a receipt.
If a landlord incurs court costs and attorney’s fees related to the tenancy, a suit may be filed against the tenant in an effort to recoup them. In Wisconsin, the small claims court limit is $10,000.
One of the most unusual aspects of Wisconsin’s security deposit rules is that they have no limit. Agreeing on the deposit becomes one of the most important points of your lease when the sky’s the limit. This interesting bit of legislation can be found under Wisconsin Administrative Code §§ 134.06. Wisconsin has no statutes regarding security deposit interest, requiring separate bank accounts for security deposits, or record keeping of the deposits.
Landlords may charge tenants a non-refundable background and credit check fee of $20 as outlined in Wisconsin Administrative Code §§ 134.05(4).
The landlord must return the security deposit within 21 days after the lease ends or the date a new tenant takes possession if the tenant vacated before the lease period had ended according to Wisconsin Administrative Code §§ 134.06(2).
Finally, Wisconsin Administrative Code §§ 134.06(4) requires landlords supply tenants with a written itemized list and description of damages withheld from the security deposit.
Simply put yes, your landlord has a right to enter the property to make inspections, perform maintenance and make repairs, to show the unit. Your landlord may enter the dwelling without notice during an emergency and during a period of extended absence by the tenant according to Wisconsin statute §§ 704.05(2). Your landlord must give you at least a 12 hour notice unless otherwise agreed upon.
A landlord may not use lockouts and utility shut offs to effect and eviction as state in the Wisconsin Way: A Guide for Landlords and Tenants.
Tenants in Wisconsin are required to give a 28 day notice to terminate a month to month lease §§ 704.19(3). In a week to week leasing agreement, a five day notice to vacate is required §§ 704.17(1). The same statute allows for the landlord to serve the tenant with a 14 day notice for nonpayment of rent when the rental period is month to month. When the lease period is yearly, and the tenant has failed to pay rent or has violated the lease, the landlord may serve a 14 day notice to tenant asking them to vacate the property §§ 704.17(2)(b). When the lease period is longer than one year, a 30 day notice is required §§ 704.17(3).
Rules regarding landlord-tenant relationships are governed by a collection of different state statutes in the Washington, D.C. area. One unique quality of Washington, D.C. law that both landlords and tenants need to be aware of is that the local government draws a distinction between dwellings classified as rooming houses, boarding houses, apartments, and houses that are specifically used as profit-making rental properties. There are separate statutes for each of these types of dwellings that have some differences in their terms, which is something that many other states do not do.
Another unique quality of Washington, D.C. law is that while there is a local mayor and city council, Congress actually has the final authority over city law and has the ability to directly overturn these local laws. There is thus an element of direct federal control over Washington, D.C. law that is not present in other states. The “home rule” prevents Congress from implementing new statutes in the city, but Congress is free to overturn them at any time and can also remove elected officials from their positions.
Washington, D.C. Municipal Regulations 14 is the primary document that landlords and tenants will want to familiarize themselves with. Sec. 300 to 311 covers general landlord/tenant relationships and rules. Sec. 1000 to 1099 covers the rules for rooming houses, Sec. 1100 to 1199 covers the rules for boarding houses, and Sec. 1200 to 1299 covers the rules for apartments. While identifying an apartment or a rental house is fairly self-evident, what exactly makes a dwelling a rooming or boarding house? Under the city statutes, both a rooming and boarding house have at least five tenants who sleep on the premises and to whom some sort of meals are served. However, it is considered a rooming house if the occupants are not members of the immediate family of the owner and do not have exclusive control of their accommodations. Otherwise it is a boarding house. The licensing process for both is virtually identical, however.
Some sections of Washington, D.C. Code 11 to 16 and 42 are also relevant to landlords and tenants. 42-3201 to 42-3610 covers real property and rental housing, while 11-1301 to 11-1323 and 16-3901 to 16-3910 cover small claims and conciliation. Unlike many states, a business license is required to operate any kind of rental housing in Washington DC. The licensing process varies slightly depending on what type of housing the rental unit is. The local government also charges the landlord a small fee for each rental unit they operate.
Regs. 14 308-311 govern security deposits in the Washington, D.C. Landlords may only ask the equivalent of one month’s rent for a security deposit. The landlord must place the security deposit in an interest-bearing account within 30 days of receiving it, but they are only required to pay out interest to the tenant if they stay in the dwelling for 12 months or more. The interest must be paid once every six months, and at the end of each year the landlord must also disclose where the deposit is currently being held and what the prevailing interest rate was for each six-month period that interest is owed in.
There are no statutes regarding pet deposits, advance notice of deposit withholding or record keeping of deposit withholding. Landlords are required to provide a receipt for all payments to them by tenants, however, including any and all deposits. The one exception is if the payment is made with a personal check that specifically notes the date and the purpose of the payment; in this case the canceled check serves as the receipt under Regs. 14 306.
If a landlord violates these regulations, the tenant is entitled to the full return of the deposit plus any interest earned, and the landlord can be fined up to $5000 for each incident. Landlords may also not ask a deposit of tenants who have occupied their current unit since July 17, 1985 or prior.
There is no statute establishing a default due date for rent in the Washington, D.C., nor are there statutes on late fees, returned check fees, prepaid rent or a rental grace period. If a landlord wishes to increase the rent, however, they must first file notice with the Rental Accommodations and Conversion Division as stipulated by Code 42.
Tenants may repair and deduct rent only for the installation and maintenance of smoke alarms. There is no statute on withholding rent for failure to provide essential utilities. Landlords may recover court and attorney fees, and there is no statute about making an attempt to mitigate damages.
If a tenant agrees to move out at the end of a lease, then refuses to quit the property when they are supposed to, the landlord is entitled to collect double rent from them for the rest of the time that they remain in the unit.
Both lease terminations by the tenant and notices of eviction by the landlord generally require 30 days notice in the Washington, D.C., as explained in Code 42 and Regs. 14 310. If the landlord is moving to evict the tenant, the tenant has 30 days to remedy the situation by either paying the owed rent or rectifying the lease violation. Landlords do have the right to terminate the lease immediately if there is evidence that the tenant has engaged in illegal activity within the dwelling, however.
There are no statutes on notice prior to entry, lockouts or utility shutoffs. However, a state Supreme Court case (Simpson vs Lee) has set precedent that lockouts are not allowed, but utility shutoffs may be allowed under certain circumstances.
Regs. 14 300-308 and Code 42 cover the majority of required disclosures. Landlords are required to provide the tenant with a copy of anything the tenant has signed, including the lease, within seven days of their signing it. The landlord must also provide the tenant with a copy of Chapter 3: Landlord and Tenant Laws from Regs. 14 at the outset of each tenancy. The landlord must also clearly disclose what each payment and deposit is for and the terms under which the payment was made in writing.
The Washington, D.C. has some legal protections for tenants who are victims of domestic violence. Landlords may request verification of this status, and once it is provided the tenant can give 14 days notice to break any lease provided it is within 90 days of a domestic violence incident. Landlords must also change the locks if requested by the tenant, who then has 45 days to reimburse the landlord for the cost of the new locks.
Retaliation by landlords for tenant complaints is illegal under Washington, D.C. law. Retaliation is assumed if the landlord raises the rent, terminates a lease, reduces services or refuses to renew a lease within six months after the tenant asserts their rights to the landlord, makes a complaint with a government agency or gets involved with a tenant’s organization, according to Code 42.
The small claims limit in Washington, D.C. is $5,000. Eviction cases are not heard in small claims court. Landlords and tenants can file a small claims case by filling out Statement of Claims and Information Sheet forms at the Small Claims Clerk’s Office.
While Iowa State regulations and laws regarding the relationship between landlords and tenants may vary from county to county, and certainly from year to year, this article will contain a fairly comprehensive overview of all such regulations presently in effect. Should you have a specific question about some aspect of landlord/tenant law which is not documented herein, it would probably be to your advantage to consult the Iowa State Statutes, as well as appropriate municipal documentation available in your area.
– from the Uniform Residential Landlord and Tenant Law, Section 562A.12
– from the Uniform Residential Landlord and Tenant Law, Section 562A.9
– from the Uniform Residential Landlord and Tenant Law, Section 562A.27
– from the Uniform Residential Landlord and Tenant Law, Section 562A.13
Eviction cases are allowed in small claims courts in Iowa, but can also be prosecuted in district courts. The amount of any contested rental agreement in small claims court must not exceed $5000, and there is a statute of limitations of five years on oral contracts and 10 years on written contracts. Below are some useful links to the Iowa court system:
For further information on the Iowa Courts System, you can check the following resources: Iowa Judicial Branch , Guide to Small Claims Court in Iowa, and Iowa District Courts. For legal information and assistance: Iowa Attorney General, Iowa State Bar Association, Iowa Bar Association (for help with finding a lawyer), and Iowa Legal Aid. For local community action, check Iowa Community Action Association.
For additional information about state and municipal area realtors, the following sources are avaiable: Iowa Association of Realtors, Des Moines Association of Realtors, Southwest Iowa Association of Realtors, Waterloo-Cedar Falls Board of Realtors, Cedar Rapids Area Association of Realtors, and Iowa City Area Association of Realtors.
Utah has a number of different state statutes that govern rental law. Most of Utah’s laws are fairly straightforward and not dissimilar from those of other states, but one thing to keep in mind is that the threshold to assume abandonment of the property is lower in Utah than in many other places.
No business license is required to operate rental properties in Utah at the state level, but it is always important to check with local cities and counties to see if they have their own ordinances. The information presented below is current as of this writing, but it is also important to check to see if recent changes to rental law have occurred. This is not intended to be legal advice or to replace the advice provided by a qualified and licensed lawyer.
The primary laws in Utah that cover rental relationships are Utah Code Ann 57 and Utah Code Ann 78. Code 57 covers real estate laws, the handling of rental deposits, and also contains the Utah Fit Premises Act, which spells out the conditions for a dwelling to be legally regarded as habitable. Code 78 covers statutes of limitations and the rules and limitations of small claims court.
Utah establishes no upper limit on security deposit amounts, as specified in Code Ann 57-17. Landlords initially have 30 days to return the security deposit to the tenant at the end of the lease, but if the tenant requests the deposit by mail and gives the landlord a mailing address, that extends the deadline by 15 days. There are no statutes requiring landlords to pay interest on security deposits, to keep the security deposit in a specific type of bank account or to provide a receipt or a record of deposit withholdings. There are also no statutes governing pet fees. Non-refundable deposits are allowed, but the amount and nature of the deposit must be disclosed in the lease.
At move-in, landlords are required to provide the tenant with an itemized checklist detailing each item in the dwelling and the condition it is in, along with any known damage to the property. This same list must be furnished when the tenant moves out, according to Code Ann 57-17-3.
If the landlord or their representative is found to have violated these terms, the tenant is entitled to the full deposit plus $100 in damages and recovery of their court costs, according to Code Ann 57-17-5.
Utah has little in the way of statutes at the state level regarding fees and notice regarding the rent. There are no formal terms providing for grace periods, notice prior to rent increase, default due dates for payments, late fees or prepaid rent. Landlords are also under no requirement to attempt to mitigate damages if the tenant quits the lease.
Returned check fees are limited to a flat amount of $20 under Code Ann 7-15-2. Tenants are allowed to withhold and deduct from rent for failure to provide necessary utilities and for needed repairs. Landlords, in turn, are allowed to recover court and attorney fees in the event of a dispute.
Notice for lease termination is covered under Code Ann 78B-6-802. For the most part, tenants must provide at least 15 days notice to the landlord before ending their lease, with the exception of leases that have a fixed end date. There is no statute providing for advance notice of a move-out inspection by the landlord. Landlords generally have three days to terminate a lease for either non-payment or for a violation. The tenant does not necessarily have the right to remedy the lease violation during that time.
Notice of entry by the landlord is covered under Code Ann 57-22-5. 24 hours notice is generally the minimum requirement for most circumstances. Landlords are expressly allowed by state law to enter with notice for non-emergency repairs. Other types of notice are not governed by specific statutes. Lockouts and utility shutoffs are illegal under state law.
Code Ann 78B-6-815 lays out the conditions under which a landlord can consider the dwelling to be abandoned by the tenant. Landlords can consider the property abandoned if the rent is 15 days overdue and they have not seen the tenant during that time, though the tenant’s possessions may still be in the unit. If the tenant has removed their possessions from the unit, the landlord may consider the unit abandoned after one day of overdue rent.
Code Ann 78B-6-816 covers the handling of abandoned personal property by the landlord. Landlords may remove the property to a storage unit and recover the storage and moving costs from the tenant. If they do this, they are required to post notice at the property in a conspicuous place and also mail notice to the tenant if they have their mailing address. The tenant has 15 days from the date of the notice to retrieve their property and compensate the landlord. If they fail to do so, the landlord is allowed to sell the property to recover their costs. It should be noted that motor vehicles are not included under this statute and cannot be taken possession of by the landlord.
Landlords must provide their name and address to the renter before the lease begins, as well as the name and address of anyone authorized to manage the property. The landlord must also provide the tenant with a copy of the lease and an itemized list of furnishings in the unit and a report of any damage, as well as disclosure of any lead paint used and an information pamphlet on its dangers. Landlords must provide receptacles for trash removal if there are two or more residential units on the property.
Tenants are required to maintain the premises in a clean and safe state, follow all health board regulations, use facilities in a reasonable manner, not exceed the maximum amount of residents legally allowed for the unit, and respect the quiet enjoyment of other residents on the premises.
Utah has special protections for victims of domestic violence. A landlord may ask for verification of domestic violence victim status. Once provided, the tenant is allowed to terminate their lease early with a copy of a protective order or with a copy of a police report that shows the tenant was not a participant in the violence. The tenant may terminate the lease immediately, but is obligated to pay the landlord 45 days of rent. Landlords must also change or re-key the locks at the tenant request, though they can bill the tenant for the work.
Small claims are limited to $10,000 in Utah. Eviction cases are not allowed in small claims court.
Just like in most states, the relationship between landlords and tenants is governed by Michigan laws. The laws lay out the obligations of tenants and landlords and make provisions for how both parties should act when they enter into a lease agreement. let’s look at what the law says about security deposits, lease and rent, entry notices, and small claims.
The maximum allowed security deposit is equivalent to one and a half month’s rent. Tenants are not required to deposit security via a deposit bank account but it should be done with a regulated financial institution. The law allows deposits to be used as reimbursement for actual damages as well as paying outstanding rent owed, unpaid utility bills, and as payment for premature termination of the lease agreement. Landlords are required to create and mail a written description or itemized list of damages and corresponding cost of repairs or charges along with a cheque or money order with the difference within 30 days of move-out. Landlords are required to notify tenants that any dispute of claims made for damages must be made within 7 days, otherwise, the tenant will forfeit the amount held. As of now, there is no statue on pet deposits and non-refundable fees.
Landlords are required to keep records of deposits they withhold as a statutory requirement of move-in/move-out process. Likewise, landlords are not allowed to withhold damages for a previous tenant’s deposits which were claimed on a past move-out checklist. They must notify each new tenants that they are entitled to a copy of a move-out checklist of a previous tenant including the damages. Receipts for deposits are not required but the landlords must provide tenants with the name and address of the bank or financial institution where deposits are held.
Tenants who feel unjustly issued with notices of damages can contest claims to those damages. Where tenants are issued with notices ( as required), they must respond in writing and send mail to the landlord within 7 days to either agree or dispute the claimed damages. Failure to reply effectually means they will forfeit deposit held. Landlords can sue for money judgment in a Michigan court after 45 days where a tenant contests claimed damages. The landlord is required to furnish the court with proof of inability to obtain service on a tenant or refund the withheld portion of the deposit. However, landlords are not required to seek money judgment where a tenant fails to provide a forwarding address or fails to respond to a notice of damages after entering into a written agreement with respect to the portion of deposit held. Likewise, the landlord is not obliged where the amount claimed is for unpaid rent for any full rental period.
In Michigan, rent is deemed due on the date stated on the lease.There is no statute that requires landlords to issue a notice of rent increment or issue a grace period for rent. Similarly, there are no provisions for prepaid rent or late fees. The applicable fees for checks returned within 7 days is $25 while the fee for checks returned within 30 days is $35.
Tenants are allowed by law to withhold rent when the landlord fails to provide essential services such as water and heating. Where a local enforcement authority finds that the tenant is living in conditions that are hazardous to health or not safe, and where such conditions are not attributed to the conduct of the tenant, the tenant can pay rent in escrow when a landlord fails to remedy the conditions after receiving notification. The agency is supposed to pay funds held in escrow to defray costs of correcting violations to the landlord and return any unused amount should the tenant vacate the dwelling unit before repairs are made.
Landlords in Michigan are allowed to recover any monies incurred as court or attorney fees. The amounts recoverable should not exceed the amount permitted by the state.While no statute exists on mitigating damages, landlords are expected to make reasonable effort to mitigate damages to lessees. No provision exists on abandonment or early termination fees.
Notice to terminate year-to-year lease agreements require 1-year notice while notice to terminate month-to-month lease require a 30-days notice. Where a landlord enters into a week-to-week lease agreement, the standard period to issue a notice is 7 days. Termination for nonpayment of rent should be issued with a 7-day written notice. Landlords should issue termination notices for health hazard, physical threat/violence by tenants, and property damaged within 7 days. The landlord can issue a 24 hours notice where a tenant does not move out after termination of a lease on the grounds of illegal-drug activity on the premises. Likewise, the landlord is required to file a formal complaint with the police for the alleged drug-related activity.
Landlords are required to create move-in and move-out checklists. New tenants should be provided with 2 copies of an inventory list which included all items owned by the landlord in the dwelling unit. A tenant has one week to review the checklists after moving in and note the condition of the dwelling units before returning a copy to the landlord. The tenant is also entitled to ask for the most recent move-out checklist from the former immediate tenant. Should the tenant fail to notify the landlord in writing of a new mailing address, the landlord will be relieved from having to notify the tenants of damages. For the above provision to be enforced, the landlord must have duly informed the tenant of the provision in writing within fourteen days of moving into the premise.
Landlords are not required to issue notices for date or time for move-out inspections but they must complete the move-out checklist upon expiration of tenancy and list damages attributed to the tenants. Currently, there is no statute that requires landlords to issue a notice of entry. Notice for maintenance and non-emergency repairs should be issued to tenants as necessary or on a temporary basis. There are no statutes for notice for showings or emergency entries. However, landlords are allowed to enter a tenant’s premises where there is a reason to believe that tenants have abandoned the premises and have no intention to return. They can do this after making diligent inquiry and when rent has not been settled. Notices for lockouts or utility shut-offs are not allowed.
Landlords are required to disclose their names and addresses in a rental agreement. Tenants who hold genuine fears of their safety or children’s safety due to sexual assault, stalking, or domestic violence may be released from rent payment obligations after they issue the landlord with a written document such as protective order, probation letter, written police reports, or release orders after filing charges. While no statute exists for protection from termination, tenants enjoy early termination rights. The landlord is allowed to release them from any obligation to pay rent ( not later than the first of 2nd-month rent that’s due) after receiving notice. Any proof of domestic status must be verified by a 3rd party such as a counselor, health or mental professional, or a clergy.
Landlords must notify tenants that they have legal rights to seek release from rental obligations whenever they have genuine fears for any of the reasons mentioned above. Where stalking is not mentioned in the rental agreement, the landlord must post it in a visible area of the rental management office or deliver it in writing when signing the lease.
Landlords have specific duties that they must fulfill as their obligations to tenants. Under the Covenant for Hospitability, landlords are required to promise tenants that all dwelling units are fit for habitation or intended use. They are also expected to assure tenants that reasonable repairs will be made in compliance with health & safety laws except when the disrepair is caused by the wilful conduct of the tenant.
Tenants are allowed to block attempted evictions when they establish that the eviction was motivated by or intended to serve as a penalty for asserting rights under a rental agreement or as stipulated by law. The same case applies when a tenant issues a complaint to a local authority for health or safety violations or as retribution for being active members of tenants’ organization.
Rental agreements should include notification of Michigan Truth in Renting Act plus other requirements.While there is no statute that requires landlords to perform radon testing, landlords are supposed to disclose known hazards from lead paints and provide tenants with information pamphlets on such hazards.
Disputes and settlements for small claims are handled by Michigan courts. The limits for small claims stands at $5,000. The courts also arbitrate on eviction cases that accompany small claims. Evictions for illegal drug activity, non-payment of rent, or property damaged is heard and determined by district courts.