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First Time Home Buyer Tax Credit Extension

First Time Home Buyer Tax Credit Extension

What is the First
Time Home Buyer Tax Credit Extension?


An individual may be able to obtain the first-time homebuyer
tax credit if they are regarded as an eligible buyer who has purchased a home
as their primary residence in the taxable years of 2008, 2009 or 2010. The
eligibility requirements will vary depending on the year of the purchase.
Moreover, there are specific benefits attached to the military members or
federal employees.

The First Time Home Buyer Tax Credit will reduce the buyer’s
tax bill—or increase their refund—depending on the taxes the individual owes.
The Internal Revenue Service will refund the credit, even if they own no tax or
the credit is more than the taxes owed. Legislation was officially enacted in
July of 2010 formally extending the closing deadline from June 30th
to September 30th for all eligible home purchasers. Furthermore,
legislative alterations that took place in November of 2009 extended the First
Time Home Buyer Tax Credit and added documentation requirements for securing
the credit.

The American Recovery and Reinvestment Act of 2009
officially enacted the First Time Home Buyer Tax Credit Extension by increasing
the credit figure to $8,000 for purchases made in 2009 before the first of
December. Additionally, the Worker, Homeownership and Business Assistance Act
of 2009 extended the deadline—any taxpayer who purchased a home before May 1st
of 2010 is eligible for the First Time Home Buyer Tax Credit Extension—the
buyer must have officially closed on the home before September 30th
of 2010.

 

Eviction Notices

 Eviction Notices

What to Know about Eviction Notices


Regardless of how unruly a tenant may be or how much rent a tenant may owe, a landlord cannot use any self-help methods or do it yourself processes to evict a tenant. This includes turning off water or electricity or changing the locks. Doing any of these may cause a landlord to be liable for any damages. Furthermore certain states enforce penalties such as damages that are equivalent to a couple of months rent.
A landlord must follow the local and state laws of evicting a tenant and must follow these rules strictly. This process if very quick and efficient in comparison to other legal actions, but that is only if everything is done correctly. This process uses the legal power of an eviction notice in order to end tenancy. 
The first step a landlord must do to start an eviction is by ending the tenancy. This process is done by serving an eviction notice. There are many different types of eviction notices that a landlord can use.


Eviction Notice for Nonpayment of Rent
Used when a tenant does not pay rent when it is due.
The landlord can give a notice that states the rent is due and give 3-5 days to the tenant to pay the rent and any associated late fees listed in the rental agreement.
If the tenant cannot do this, he or she can be forced to move out.
If the tenant does pay the complete amount in the time given, the landlord cannot serve an eviction notice.

Eviction Notice for Fixing a Violation
Some states allow a landlord to give a tenant notice to correct a violation of the rental agreement, such as getting rid of a pet that is not allowed by the lease, or removing a junk car from the front yard.
This notice hast to state the time given the tenant has to fix the error. 
If the tenant fixes the violation in the given time, the landlord cannot serve an eviction notice.
Eviction Notice for Unconditional notice
Some states allow a landlord to give a notice to a tenant to move without being able to correct an error if the tenant has somehow violated the rental agreement in a serious manner.
This can be by multiple late rent payments, drug use or growth, or causing significant damages to the property.
The time given to the tenant to move is dependent on state law.
If the tenant has in fact done whatever the landlord claims, the tenant must move else he or she will be evicted.

30-day or 60-day Eviction Notices
Most states allow a landlord to serve a notice to a tenant without giving a reason.
Under state law, the time allowed for this eviction notice is typically 30 or 60 days, but can be between 20 to 90 days. These periods can differ if the tenant is a senior citizen, disabled, long-time resident, receiving federal housing assistance, or if the eviction is for a condo conversion.
A landlord can only give this eviction notice after a lease period is over.
Theses notices cannot be given for illegal reasons like tenant retaliation or discrimination.
This notice can also be forbidden in property with rent stabilization or rent control laws.
Often, cities or states require landlords to also pay for the relocation expenses depending on the situation, such as to disabled or senior citizen tenants or for property that are getting converted into condos.

Massachusetts Landlord Tenant Law

Massachusetts Landlord Tenant Law

 

The following information will answer all of your pressing questions concerning Massachusetts Landlord and Tenant Law. 

MA Landlord and Tenant Law: Am I Allowed to Break my Lease? 

According to Massachusetts Landlord and Tenant Law, breaking a lease is not a criminal law matter. The basic premise concerning this issue is: if you have a lease rather than a tenancy at will, then you cannot break your lease. According to MA Landlord and Tenant Law, a lease is a type of contract. When you sign a lease, you—and your landlord– are bound by the document’s terms. Therefore, the rent serves as the written record of your agreement to remain in the rental space and pay the specified rent until the contract expires. If you fail to meet these terms, you may still be responsible—according to MA Landlord and Tenant Law– for rent payments until the end of the lease. 

All that said, Massachusetts Landlord and Tenant Law obligates all landlords to make reasonable efforts to rent the space to someone else and, thus, reduce or eliminate your liability for the rent owed for the remaining term of the contract. 

Can I take My Security Deposit Back if I foreclose on the Unit?

Even if you foreclose on the unit, Massachusetts Landlord and Tenant Law provide you with a few options to secure your security deposit. MA Landlord and Tenant Law proclaims that if the bank takes possession of your unit, it cannot attempt to collect your last month’s rent or the security deposit. Massachusetts Landlord and Tenant Law states that your landlord is required to transfer your security deposit to the bank that is protected from the individual’s creditors. If your landlord—for some reason—claims that your deposit was lost to his/her creditors, you are allowed—according to MA Landlord and Tenant Law—to sue for the deposit plus triple the damages. Also, if your landlord files for bankruptcy protection, you—according to Massachusetts Landlord and Tenant Law—will not be able to sue him/her until you secure permission from the bankruptcy court. In this situation, you will need to hire an attorney to help you. 

Massachusetts Landlord and Tenant Law states that as long as the landlord has followed several legal requirements for holding, taking and using a security deposit, the state allows him/her to use the tenant’s security deposit for any of the following: 1.) MA landlord tenant laws states that any unpaid rent not lawfully withheld; 2.) MA landlord tenant laws states that any unpaid rises in real estate taxes; and 3.) MA landlord tenant laws states that any amount necessary to repaid damages to the apartment caused by the tenant. According to Massachusetts Landlord and Tenant Law, landlords are given thirty days from the termination of the rental agreement or from the day the tenant vacates the tenant to return the deposit or any remaining balance along with a list of damages. 

Massachusetts Landlord and Tenant Law requires your landlord to return the security deposit within 30 days after you leave the rental unit. Typically, if you caused damage (beyond normal wear and tear) to the space your landlord—according to MA Landlord and Tenant Law—is allowed to use a portion of the security deposit to pay for repairs. However, if your landlord does not give you a ‘statement of condition’ at the beginning of the tenancy, it is not possible, according to MA landlord and tenant law– for the landlord to use the deposit for repairs. Massachusetts Landlord and Tenant Law states that the landlord must provide you with a detailed list of the repairs and the costs associated with each; this list must be given to the renter within 30 days after the move out. The statement must be signed under penalties of perjury. If the landlord does not provide you with this information, or if he/she refuses to return the deposit for whatever reason, you are required—under MA landlord and tenant law–to sue the landlord to get the deposit back. Although this sounds insufferable, Massachusetts’ housing courts are typically friendly to plaintiffs.

MA Landlord and Tenant Law: Can the Landlord Enter my Apartment?

According to Massachusetts Landlord and Tenant Law, a landlord and his/her agent may enter the rental space for several reasons, including: make repairs, inspect the space or to show the rental space to prospective renters. This portion of MA Landlord and Tenant Law; however, requires landlords to provide the renter with reasonable notice (24 to 48 hours) and to enter only at reasonable hours (9 a.m. to 5 p.m.). 

MA Landlord and Tenant Laws: Rights after Foreclosure

According to Massachusetts Landlord and Tenant Law, foreclosure does not automatically terminate your tenancy. Regardless of what the new owner or the bank tells you, you are not required—based on Massachusetts Landlord and Tenant Law—to leave your apartment just because your landlord lost the property to foreclosure. If you are a formal tenant (tenant with a lease, tenant with a housing subsidy or tenant at will), the tenancy will continue after foreclosure. Subsidized tenancies and tenancies at will continue under the same terms as with their old landlord. In this situation, all leases are converted into tenancies at will, with the company or person purchasing the property at the foreclosure auction serving as the new landlord and owner. 

As a tenant, you are still responsible for paying the rent. Until the sale of the apartment, you should continue to pay rent to your old landlord. 

Massachusetts Landlord and Tenant Law: Rent Increases

If you hold a lease for a period of time, your landlord—under Massachusetts Landlord and Tenant Law—is not allowed to raise the rent until the lease ends. With tenancies-at-will; however, you and your landlord agree that you will remain a tenant and pay specified rent until one of you decides you wish to change the terms of the lease. In this formation, either you or the landlord will only provide notice of the intended change. 

If you are living under a tenancy-at-will lease (month to month lease), your landlord is required to provide notice of his/her intent to end your current tenancy and begin a new one with a higher rent at least 30 days or one month prior to the day your next rent payment is due—whichever period is longer. In most other rental formations, the landlord’s ability to raise rent is limited by the market and what renters are able or willing to pay. 

Massachusetts Landlord and Tenant Law: Can I refuse to give my landlord permission to enter my rental space?

MA landlord and tenant laws state that with at least one day’s notice, you are required to allow your landlord entry to: make repairs; inspect the apartment; show the apartment to prospective realtors, buyers or tenants; inspect the rental space for damages within the last month of your tenancy

Massachusetts Landlord and Tenant Law: Am I Allowed to withhold rent if there is a problem with the rental space and I have to pay for repair costs?

Yes, you are allowed to withhold rent; however, it may be done only when specific conditions apply. You may withhold rent from your landlord if the Board of Health views certain conditions within your space as being unsafe or hazardous to the occupant’s health. In this situation, rent may be withheld if the landlord receives written notice of these violations and if he/she failed to repair the space in a timely manner. No matter the circumstance, you may only deduct a total of 4 months’ rent. Before paying for repairs, you should first speak with the landlord, and in more severe cases, a legal specialist. 

 

Washington Tenant Rights

Washington Tenant Rights

 

This is a full guide on your rights as a tenant in Washington. Please Read Carefully.

Before You Rent a Place:

1. Make sure you read a lease carefully before signing it. Ask your realtor and/or landlord anything that you do not understand. Search for hidden fees or penalties, because if you sign the document it becomes legally binding. 

2. If you notice something missing or something important, make sure you affirm it in writing. Never count on a verbal promise.

3. Make sure you understand who pays for heat, electricity, hot water, snow removal, trash disposal etc. Remember, when you sign the lease agreement, Washington tenant rights state that the document becomes legally binding, meaning it is legally enforceable by the courts. 

4. Make sure that all utilities and appliances are working properly. Washington tenant rights state that it is the landlord’s responsibility to ensure that the property’s appliances are functional. 

5. Your landlord’s insurance will not protect you from loss or damage of your personal belongings. Because of this, you should consider purchasing renter’s insurance.

6. Make a list of substantial problems in the apartment. Include the shape/condition of the floors, windows, floors and other areas. 

Washington Tenant Rights: What is a Security Deposit?

According to Washington Tenant Rights laws, there are six fees and types of deposits your landlord may collect from you when you start your lease:

1. WA Tenant Rights: Screening Fees

2. WA Tenant Rights: Security Deposits

3. WA Tenant Rights: Damage Deposits

4. WA Tenant Rights: Cleaning Fees

5. WA Tenant Rights: Last month’s rent paid in advance

6. WA Tenant Rights: A holding or application fee

Security Deposits:

Security deposits are funds given to your landlord before you move-in. Your landlord—according to Washington Tenants Rights—is required to place these funds in escrow or a bank account. The landlord will sue the deposit to cover unpaid rent or damages. You—as a tenant—are not allowed to use your deposit to pay your last month’s rent unless the landlord agrees on the transaction. When you make a security deposit, the landlord—based on Washington Tenants Rights–is legally required to do the following:  

1. WA Tenant Rights: Receipts for each deposit

2. WA Tenant Rights: Written rental agreements

3. WA Tenant Rights: A statement or check-list describing the condition of the dwelling. Both the tenant and the landlord are required to sign this checklist

4. WA Tenant Rights: A formal statement that tells you—the tenant—the name and address of the escrow or bank where the deposit is kept

Washington Tenant Rights: Landlord Responsibilities 

Based on the Washington Tenant Rights (taken from the Landlord-Tenant Act), all landlords in the state of Washington must:

1. WA Tenant Rights: Maintain the residence so it does not violate local and state laws in ways that endanger the health and safety of the tenant

2. WA Tenant Rights: According to Washington tenant rights, all landlords must keep common or shared areas reasonably safe and clean

3. WA Tenant Rights: According to Washington tenant rights, all landlords must fix any damages to the roof, floors, chimney or any other structural aspects of the living area

4. WA Tenant Rights: Based on Washington tenant rights, all landlords must attempt to get rid of any infestations, including rodents, insects or other pets. Note: this Washington tenant right is not applied if the infestation was caused by you or your roommates.

5. WA Tenant Rights: The landlord, according to Washington tenant rights, is required to make repairs when something breaks in the house. Note: this right is not acknowledged when the damage is caused by normal wear and tear. 

6. WA Tenant Rights: The landlord, based on Washington tenant rights, is required to replace broken locks or configure functional lucks for new keys if requested to do so. 

7. The landlord, according to Washington tenant rights, is required to provide smoke detectors. You, the tenant, is required to maintain the detectors, including replacing the batteries. 

8. The landlord is required to fix plumbing, heating and electrical systems if they break

9. Washington tenant rights state that the water heaters must be set at 120 degrees when new tenants move in

10. The landlord must provide you with his/her name and address

11. The landlord—in response to a basic Washington tenant right—is required to provide you with a receipt for your rental payments.

Washington Tenant Rights: Tenant Responsibilities 

According to the Landlord-Tenant Act, all tenants in Washington are required to:

1. WA Tenant Rights: Pay agreed-upon utility bills and all rent 

2. WA Tenant Rights: Follow county, city and state regulations

3. WA Tenant Rights: Keep the dwelling clean and sanitary

4. Dispose of garbage according to dwelling’s rules

5. WA Tenant Rights: Pay for infestations if caused by the tenant and/or his/her roommates 

6. WA Tenant Rights: Properly use electrical, heating and plumbing systems

7. WA Tenant Rights: Restore the dwelling to the same condition as when you moved into it (with the exception of normal wear and tear).

According to the Landlord-Tenant Act, the tenant is not permitted to:

• WA Tenant Rights: Engage in any drug-related activity on the property

• WA Tenant Rights: Engage in any gang-related activity on the property

• WA Tenant Rights: Permit any sort of damage (beyond wear and tear) to the property 

• WA Tenant Rights: Cause substantial interference with other tenants’ use of the property

• WA Tenant Rights: Allow excessive garbage to pile-up in or around the space

Washington Tenant Rights: Can the Landlord Change the Rental Agreement or Raise Rent?

1. Month-to-Month Agreements:

a. The landlord is required to give you at least one month notice in writing if he/she wants to change your rent to a month-to-month agreement. Changes include: raising rent or changing rental rules. Alterations to the rental agreement may only become effective on a day the rent is due

b. If the landlord wishes to convert the dwelling to a condo, a Washington tenant right states that he/she must give the current resident(s) 120 days’ notice. 

c. In a month-to-month agreement, the landlord is allowed to raise the rent as much or as often as he/she wants to. That being said, Washington tenant rights states that the rent cannot be raised to retaliate against you for something you—or your roommate—did. 

2. What happens if the Property is sold?

a. Sale of the property will not automatically terminate a lease or a month-to-month agreement. When a unit is sold, the old landlord must notify you of the new owner’s address and name. The old landlord must then transfer all deposits to the new owner. 

Washington Tenant Rights: When is a Landlord Allowed to Enter the Residence?

• A new Washington tenant right states that the landlord must give the resident at least 2 days’ written notice before entering the unit. The notice is required to specify the date(s) of entry and either the time or a period of time during which the entry will occur. The notice—according to this new Washington tenant right—must also include a contact number in case a rescheduling is needed. 

• The landlord—according to Washington tenant rights—is required to give 1 days’ notice if he/she wants to show the unit to prospective tenants

• The landlord is required to enter a reasonable time of day

• Tenants—based on Washington tenant laws—are not allowed to refuse the landlord’s entry to improve, repair or service the unit

• In emergency situations, landlords can enter the unit without notice

• If the tenant abandons the property, the landlord may enter the unit without notice

Washington Tenant Rights: Evictions and Security Deposits 

Washington tenant rights state that after you move out, your landlord has 2 weeks to give you your security deposit back. If the money is required to pay for repairs that extend beyond wear and tear, the landlord must send you a letter (within 14 days) stating why he/she is keeping all or a portion of your money. If you have trouble getting your deposit back, call CLEAR at 1-888-201-1014. 

If a landlord wants a tenant to move out, the landlord—according to Washington tenant rights—must follow specific rules. This portion explains the reasons why landlords may evict a tenant and what methods may be applied. This section will also explain what you can do if your landlord attempts to evict you. 

In a month-to-month agreement, landlords do not have to have any reason for requesting you to move. That being said, a Washington tenant right states that the landlord must tell you in writing that he/she wants you to move; this notice must be sent at least 20 days before the end of the rental period. For regular leases (1-year, 2-years etc. ) a landlord typically cannot ask you to move-out without a reason. 

Justifiable Reasons for Eviction:

• Not Paying Rent:

o If you are even one day late with your rent, your landlord can start the eviction process. If you fall behind in rent, your landlord only has to give 3 days’ notice. If you pay your back rent within this time period, the landlord must accept it and he is not allowed to evict you. The landlord does not have to accept partial payments and if you do not pay the total debt, he/she can start the moving process

• Failing to Follow the Rental Agreement:

o If you violate the terms of the rental agreement, the landlord can give you a 10-day notice, informing you of the eviction process. An example of breaking the rental agreement would be keeping a dog when the contract cites a “no pets” rule. If you get rid of the dog within 10 days after receiving the notice, the landlord is required—according to Washington tenant right law—to stop the eviction process. If you do not fix the problem, you will be forced to move out. 

 

Washington Landlord Tenant Law

Washington Landlord Tenant Law

 


What is Washington Landlord Tenant Law?

If you rent an apartment or a home, you are covered by the Residential Landlord-Tenant Act. The Washington Landlord Tenant Law states that the General’s Office is prohibited from serving as a private attorney in individual residential landlord-tenant complaints. Listed below are some of the most common questions associated with Washington Landlord Tenant law:

Washington Landlord Tenant Laws: Application Fees, Returned Payments and Late Fees

WA Landlord Tenant Law: Laws Associated with Application Fees

A landlord—according to Washington Landlord Tenant Law—may not charge an applicant more than the true cost of the background check. Landlords must provide receipts to the tenant for deposits or fees charged to hold a rental space. Moreover, landlords are required to provide a written description of the conditions under which the security deposit must be returned. 

WA Landlord Tenant Law: Laws Associated with Late Fees

Washington Landlord Tenant Laws state that late fees should remain reasonable and elastic to the landlord’s actual expenses incurred

WA Landlord Tenant Law: Laws Associated with Returned Payments

WA Landlord Tenant Law states that with regards to returned payments, a payee is permitted to collect reasonable handling fees. If these fees are not satisfied within 15 days, a collection cost is not allowed to exceed $40 or face amount of the check, whichever is lower.

WA Landlord Tenant Law: Rent Increases and Types of Leases

WA Landlord Tenant Law: Monthly Rent Agreements: According to Washington Landlord Tenant Law, if the landlord wishes to change (i.e. raise rent) the provisions of a monthly lease agreement, the tenant must be sent a written notice within 30 days of the change. Said chances may only become effective at the beginning of the rental period. With regards to rent increases, Washington landlord tenant law does not place a limit on how much rent may increase or how frequently. That being said, Washington Landlord Tenant Law imposes a restriction on landlords which impedes them from raising rent as a retaliatory action against a tenant. 

If the landlord wants to convert the property to a condo, the tenant must be provided a 90-day notice. If the renter has a traditional lease, changes cannot be made to the property unless both the tenant and landlord agree to the proposed alteration. 

Washington Landlord Tenant Laws: Security Deposits

WA landlord tenant laws do not place any restrictions with regards to the maximum amount that may be collected as a security deposit. The landlord, according to WA landlord tenant law must provide an inspection checklist stating the condition of the dwelling along with the rental contract. The conditions under which a security deposit may be kept must be elucidated within the lease. Moreover, the landlord is required to place the security deposit in an escrow or trust account and provide the tenant with a receipt indicating the address and name of the financial institution. 

Washington landlord tenant laws state that when a tenant moves out, the landlord must either mail or hand deliver the security deposit return, along with a written statement itemizing any deductions. This form must be delivered to the tenant within 14 days after the tenant moves. That being said, the 14 day period begins on the date the landlord notices that the tenant left the dwelling. 

Washington Landlord Tenant Laws: Terminating a Washington Lease

Periodic leases may be terminated by either the landlord or the tenant when the resident is damaged or destroyed or any situation that deems the property uninhabitable. Tenants may seek release from rental agreements with the court when a landlord fails to adhere by the WA landlord tenant laws. Fixed term leases will terminate automatically on the last day of the lease; however, the tenant—assuming the landlord agrees—can opt to renew the lease when it runs out. At this time, Washington landlord tenant laws state that the landlord may raise the rent if the tenant does not live-in a rent-controlled property. 

Washington Landlord Tenant Laws: Failure to Pay Rent

According to Washington Landlord Tenant Laws, a landlord may evict a tenant for failure to pay rent. That being said, before a complaint or summons for eviction can be filed, a 3 day notice to vacate or pay is required; when the 3-day notice is served, a court proceeding will commence. If, other violations are present (failure to adhere to the rental agreement) then a 10-day notice to vacate or comply is necessary. Multiple noise complaints, destruction of property, engaging in drug-related activities, or conducting illegal businesses requires a 3-day written notice. 

WA Landlord Tenant Laws: How Long Does the Eviction Process Take?

As is common with any legal matter, timing issues will vary based on circumstances. In general; however, the eviction process will take approximately 4-5 weeks. 

 

 

Maryland Landlord Tenant Law

Maryland Landlord Tenant Law

 

The Basics of Maryland Landlord-Tenant Laws

There are two aspects to keep in mind when it comes to Maryland landlord-tenant law:

1. The Tenant’s Right of Possession

2. The Landlord’s Right of Entry

Everything else pretty much bounces back and forth between these two principles of Maryland landlord-tenant laws. Think of it as a balance.

What Does the “Tenant’s Right of Possession” Mean?

Essentially, Maryland landlord-tenant law states that any landlord must verbally and/or in writing assure the tenant has possession of the property in question from the start of the lease term.

If the landlord, though, doesn’t provide that assurance – with the keys and everything – right on the date of the start of that lease term, by Maryland landlord-tenant law, the tenant can actually get that first month’s rent free.

Even if the contract’s already written up, under Maryland landlord-tenant laws, a tenant can cancel that lease if the landlord hasn’t provided that assurance. When the tenant cancels the lease, the landlord by Maryland landlord-tenant law must returns all monies and properties paid, such as:

1. Security Deposits

2. Prepaid Rent

3. Fees

What Does the “Landlord’s Right of Entry” Mean?

This is important to understand, because by Maryland landlord-tenant law, a landlord can’t simply walk into a property already possessed by the tenant. The Maryland landlord-tenant laws do state a reasonable right to privacy – that simply means no landlord can enter the property for any reason. A tenant can actually charge a landlord with trespassing in that event under Maryland landlord-tenant laws.

On the other hand, the “landlord’s right of entry” states that a landlord can enter the property under MD landlord-tenant law for certain reasons:

1. Inspections

2. Repairs

3. New Tenant Showings

Of course, under MD landlord-tenant law the landlord must give the current tenant notification – 24 hours notice for Prince George’s County – that he or she must enter the property. In addition, the tenant doesn’t even have to be present for the landlord to enter.

Now What is “Quiet Enjoyment” and “Constructive Eviction”?

Clever terms. But by MD landlord-tenant law, they make a lot of sense.

“Quiet enjoyment” is established as an MD landlord-tenant law and right for the tenant to enjoy the property without interference from neighbors or other entities – and the landlord can be held accountable for it simply because the landlord has the power to take action on those entities.

If the landlord does not, that can constitute a violation of the tenant’s right to enjoy the property quietly.

“Constructive Eviction” is when a tenant is actually allowed to abandon the premises if that “quiet enjoyment” has been violated. The tenant doesn’t have to pay the rent for further months required by contract, and the landlord must even reimburse the tenant for moving costs and other such expenses.

It’s all laid out by MD landlord-tenant law.

It’s a Business Relationship

In the end, it’s a contract that must be fully recognized by the law. And both sides have their parts in it.

Knowing rights is important. This is only a small part of it – but definitely a valid part. As you can imagine that some of this might not have been common knowledge at all.

 

Wisconsin Landlord Tenant Law

Wisconsin Landlord Tenant Law

 

Understanding Wisconsin Landlord-Tenant Law

Renting is always the first step toward independence as far as being on your own. It’s that step right before homeownership. So know that in Wisconsin it’s important to know what the law is.

Basics of Wisconsin Landlord-Tenant Law

1. Possession

2. Privacy

3. Prohibition

Those are three key points to understanding how Wisconsin landlord-tenant laws work. For starters, know that it plainly states in Wisconsin landlord-tenant laws that the tenant has the right to possess the property of the landlord upon completion of contracted lease.

This, however, doesn’t mean the tenant owns the property – just possesses it.

That means the tenant has a right to privacy, has a right to live quietly, without interference from the landlord or any other persons. Wisconsin landlord-tenant law even states that a tenant can charge a landlord with trespassing if the landlord steps onto the property without any reason or notice.

That being said, Wisconsin landlord-tenant laws state that a landlord does have a right to step onto the property for the purposes of maintaining property and repairs so long as the landlord provides suitable notice of arrival.

As for prohibition under WI landlord-tenant law? Wisconsin landlord-tenant law even states that a landlord must not divulge information about the tenant anywhere else or in any fashion. That falls in line with the Wisconsin landlord-tenant law of privacy.

In addition, under Wisconsin landlord-tenant laws, no landlord may contract with another tenant for a piece of property already possessed by a tenant, as that is a breach of contract.

Surprisingly, the WI landlord-tenant law is pretty tight on this issue: acceptance of rent. Pertaining to the issue of eviction due to non-payment of rent, the WI landlord-tenant law expressly specifies that even if the landlord accepted a late payment of rent after an eviction notice was sent out, the particular eviction still carries through in a court of law.

In other words, a tenant would do well to send in payments on time without fail. Even if the payment is a day late, whether or not the tenant gets that payment in doesn’t matter. The eviction may still go through by rule of the WI landlord-tenant law.

Additionally, on the shoulders of any landlord, any premises must be rendered fit for living, or else it’s a breach of contract for the tenant to constructively vacate. The legal term, “constructive eviction,” simply means that the tenant has the right to abandon the property without penalty and additional rent payments on the lease because the property was considered unfit and not properly taken care of by the landlord.

Another interesting piece of WI landlord-tenant law is the refusal to permit modifications on the property.

Standard knowledge would suggest that rental properties cannot be modified, because the tenant does not own the property. However, under Wisconsin landlord-tenant laws, modifications may be made if they provide compensation for some sort of disability – such as walkways, or rails, or other systems that would afford the tenant a full enjoyment of the property.

A landlord may also be required to allow a tenant the right to change back certain modifications of property that were there before the lease was contracted.

 

Minnesota Tenant Rights

Minnesota Tenant Rights

 

Knowing Your Minnesota Tenant Rights

It’s crucial to have an understanding of your MN tenant rights for the purpose of rental housing and apartments. Why? It’s easy to completely ignore some of the things you may be entitled to in the state.

The good thing, though, is that in the state, you can find out pretty easily what your Minnesota tenant rights are within these specific categories:

1. MN Tenant Rights

2. MN Landlord Responsibilities

3. Violations of MN Tenant Rights

On the Subject of MN Tenant Rights….

This is important: keep in mind that all of Minnesota tenant rights revolve around the idea that a tenant has a right to privacy and possession.

So to be clear on this and what it means in terms of Minnesota tenant rights, a landlord can only enter a tenant’s home for a reasonable business purpose after giving reasonable notice.

Examples of a reasonable business purpose include:

1. Showing the Unit to Prospective Tenants

2. Showing the Unit to a Buyer or Agent

3. Maintenance

4. Inspections

5. Disturbances Within the Unit

6. Possible Violations of the Lease

7. Checking for Individuals Living in the Property Without Being Listed on the Lease

8. Checking the Unit After Tenant Moves Out

9. Housekeeping (For Senior Housing)

There are, however, exceptions concerning Minnesota tenant rights to allow a landlord the right to enter the property without notice only in these situations:

1. Immediate Entry Due to Possible Injury as a Result of Maintenance, Building Security, or Law Enforcement

2. Tenant’s Safety

3. Compliance With State Law or Local Ordinance

What Are the Landlord’s Responsibilities Under MN Tenant Rights?

In the case when a landlord enters the property without notice and the tenant’s not present, the landlord must give a written notice to the tenant somewhere in the property. That’s the law.

Violations of a Minnesota Tenant Right

If it just so happens that a landlord violates any Minnesota tenant right, the tenant may recover up to $100 per violation in a court of law of Minnesota.

Other Guidelines

Because of the rule of possession, no landlord can evict or penalize any tenant for calling the police or other form of emergency assistance to respond to some domestic incident. It’s perfectly within the Minnesota tenant right to take responsibility for such matters, and any lease that limits that right is actually illegal and void.

A tenant can actually sue a landlord for $250 for that kind of violation of a Minnesota tenant right.

However, it’s important to know that the law doesn’t prevent a landlord from taking action against a tenant for a breach of lease. Common breaches of a lease would include:

1. Disturbing the Peace and Quiet of Other Tenants

2. Damage to Property

3. Disorderly Conduct

The Minnesota tenant right to call the appropriate authorities in the event of a situation in the immediate vicinity of the home is protected even to the point where a municipality can’t force eviction of a tenant or even charge or penalize a landlord for allowing a tenant to call the authorities.

The law trumps all local ordinances in that matter.

Know Your Rights

There’s so much more to explore when it comes to your rights as a tenant, so be sure to make the necessary sessions of research and learn more. Learn everything you can. Your rights are paramount.

 

Minnesota Landlord Tenant Law

Minnesota Landlord Tenant Law

 

Understanding Minnesota Landlord-Tenant Law

It’s called a perfect balance that can only be described as a business relationship – this thing called a “landlord-tenant” dynamic. Such a dynamic in Minnesota requires the facilitation of due process of law.

In other words…. MN landlord-tenant law.

What Do We Need to Know About Minnesota Landlord-Tenant Law?

For starters, you have to recognize that when it comes to MN landlord-tenant law, you’re looking at an extremely complex legal niche here. The bottom line about all of this in regards to Minnesota landlord-tenant law is that there are rights for both to be observed.

Everything’s fair. Everything’s just. That’s the basis behind all forms of law in the United States, not just in Minnesota.

For the purposes of this, though, we can investigate first….

Minnesota Landlord-Tenant Law from the Point of View of the Tenant

Probably one of the most important Minnesota landlord-tenant laws is the right to actually see the rental unit, whatever it may be, before even paying any money – before signing a lease – before even making the first month’s rent.

In addition, a tenant has a right by MN landlord-tenant law to inspect all aspects of the rental property, such as:

1. Utilities

2. Appliances

3. Electrical System

4. Plumbing

5. Heating

6. Lights

It’s also an MN landlord-tenant law to require landlords to provide tenants with total utility costs, specifically for residential buildings with only single meters.

By MN landlord-tenant law, a tenant can list every single problem he or she comes into contact with and have a landlord sign it before a lease is even drawn up. This basically protects both parties in the event that there’s a disagreement over who is responsible for repairs of any potential damage in the rental property. This, however, is not a right that can be enforced in court – hence a landlord can actually refuse to sign the list.

What About Minnesota Landlord-Tenant Laws Specific to Landlords?

Let’s talk about screening fees and pre-lease fees. An important part of the leasing process among landlords, written in the Minnesota landlord-tenant laws.

The purpose of a screening fee is to cover the cost of checking references involving a prospective tenant. Some landlords require it; others don’t. Needless to say, the Minnesota landlord-tenant laws say it’s permissible.

In addition, by Minnesota landlord-tenant laws, landlords can also accept pre-lease deposits for the purpose of good faith and intention to enter into a rental agreement. The law, though, is specific in that a landlord must put the pre-lease deposit in writing and be applied to the security deposit or rent after the rental agreement has been finalized.

So Much to Know….

Do the research and find out everything you need to know about common landlord-tenant laws in Minnesota, because there’s a lot there to consider. What you’ve just read, though, may be some of the most important things to consider as part of law.

Cover every base before you enter into any rental agreement with a landlord. It’s important that you keep your rights check-marked for that reason alone. When that’s done, those rental keys are good as resting right in your hands.

 

Colorado Landlord Tenant Law

Colorado Landlord Tenant Law

 

Understanding Colorado Landlord-Tenant Law

It’s crucial to have a pretty comprehensive understanding of what’s entailed in Colorado landlord-tenant laws; because in just about every state, there’s something unique to consider.

You’ll learn about:

1. Tenant Rights Under Colorado Landlord-Tenant Laws

2. Landlord Screening Processes Under Colorado Landlord-Tenant Laws

3. And the Warranty of Habitability Act Under Colorado Landlord-Tenant Laws

Tenant Rights Under Colorado Landlord-Tenant Laws

Colorado landlord-tenant law is pretty specific about tenant rights, which would include:

1. The Right to Fair and Equitable Treatment

2. The Right to Reasonable Prior Notice for Entry by Landlord

3. The Right to Receive a Return on Security Deposits When Moving Out

4. The Right to Notification of Any Charges Against Deposits

What does all of that mean in terms of Colorado landlord-tenant law? Simple.

When it comes to fair and equitable treatment, we’re talking about….

1. The Application Process Under CO Landlord-Tenant Law

2. The Current Residency of Property

3. And Moving Out

Basically, the entire situation between a landlord and tenant under CO landlord-tenant law from the moment a tenant begins an application for the purpose of moving in to the moment when a tenant then moves out

Fair and equitable treatment under CO landlord-tenant law can be anything like allowing a tenant to apply no matter the race, religion, gender, sexual orientation, ethnicity, or background. Following specific landlord laws under the CO landlord-tenant law as well are a must – such as a tenant’s right to privacy and an ability to call services in regards to disturbances in the neighborhood

In addition, part of those specific landlord laws under the CO landlord-tenant law include always giving notice before entering property, even for the purpose of maintenance or repairs of property. The right to privacy is taken seriously under Colorado landlord-tenant law

Also security deposits by Colorado landlord-tenant law must be returned to a tenant moving out within a timeline of 30 days. If by chance there are repairs that need to be made resulting from the entire residency, the landlord must make out a report with all expenses to be deducted from the deposit and then handed over to the tenant as a measure of good faith.

As For a Landlord Screening Process….

The law does allow it. However, only certain questions are allowed:

1. Questions About the Tenant’s Profession

2. Roommates or Additional Persons on the Prospective Lease

3. Questions About Criminal History

4. Questions About the Sex Offender Registry

By law, a landlord cannot ask these sorts of questions:

1. Questions About Your Race, Ethnicity, or National Origin

2. Questions About Your Religious Beliefs

3. Questions About Your Sexual Orientation or Marital Status

4. Questions About Whether or Not You Have Children

5. Questions About Whether or Not You Have Mental or Physical Disabilities

The Warranty of Habitability Act

This is specific to Colorado, enacted back in 2008, encouraging both landlords and tenants to maintain the quality of housing.

While protecting the rights of tenants to live in habitable property, it also holds tenants accountable to maintain such property well. If not, the Act can mandate an eviction or applicable fines.

To enact the laws of the Act, though, it’s crucial to have evidence that something is substantially wrong with the property, such as:

1. Deficient Roofing

2. Hazardous Walls

3. Lack of Windows

4. Broken Doors

5. Destroyed Floors

6. Dangerous Stairs and Railings

7. Busted Locks

8. Inefficient Plumbing or Gas Facilities

9. Problematic Water, Heating, and Electrical Systems

Knowing the Law Is Important

It’s important that everyone is held accountable to what the law says. Information is there. Review it. Know it. Live it.