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Questions on Rental Property Laws

A property for which an owner receives payment from tenants for being allowed to use or occupy the premises is called a rental property. Before a tenant moves into a rental property, it is the responsibility of the landlord to ensure that the property lives up to the minimum standards established by city and county housing authorities. Certain cities also insist on smoke alarms, fire extinguishers, bolts on exterior doors, and other safety measures being put in place at rental properties by landlords.

Listed below are a few questions answered by real estate lawyers on rental property related issues.

I left my security deposit to pay for the last month’s rent in my rental property. Can the landlord now ask me for the rent and if it isn’t paid, is there a maximum amount he can ask for late fees?

When a tenancy gets terminated, the monthly fees also come to an end. You should not have more than a month of late charges to pay as this was your last month of tenancy.

In South Carolina, does a landlord need to provide a refrigerator in a rental property?

The landlord would need to provide a refrigerator under the landlord’s warranty of habitability unless the lease specifically excludes this.

In Colorado, if there is a landfill less than two miles away from a rental home, do the owners of a rental property need to disclose this?

In Colorado, there aren’t any statutes that oblige a landlord to do this sort of "due diligence" for a tenant. If the landfill can easily been seen by a tenant if he/she does due diligence of the surrounding area, the law would not require the landlord to disclose this. However, if there happened to be a latent issue that would affect the rental property and that the tenant would have a tough time discovering, it would become the landlord’s duty to disclose it.

I have a single house which is a rental property in Ohio. I found out that the house had mold problems only after I received a letter from the health department. Since my tenants did nothing to stop the problem when they first discovered it, I will now have to pay a lot of money to clean it up. The tenants are on a month-to-month lease. Do I have any rights in the matter as a landlord?

Under Ohio laws, your tenants owe you no duty to repair and therefore you won’t be able to take any action against them. Simply put, you can’t evict them just because they informed the health department about the mold. What you could do is to choose not to renew their month-to-month lease and request them to leave the premises once their next full month is completed. All you can do now is to carry out the repairs and make the property fully habitable. Although a tenant’s duties would include informing the landlord about any property issues, the law does not punish a tenant for not doing so.

My tenant ran up a bill of several thousands of dollars in damages after abandoning my rental property. She has admitted to this both verbally and in writing and is also late in paying the rent. Can I garnish her wages by going to small claims and getting a judgment?

Usually you can. Once you get a judgment, you can garnish wages, accounts and attach property the tenant owns.

A landlord has many responsibilities regarding his rental property and could get into serious trouble if they failed to address a known property-related problem on time. Even if a landlord is unable to address a problem right away, it is important for him/her to inform the tenant about his/her intentions to solve the problem and the circumstances that are causing the delay in fixing it. Although state laws vary on rental properties, in many states, if a tenant is upset with a landlord’s inability to fix a problem, the tenant can treat the failure to respond as a breach of contract and decide to leave the property in the middle of the lease.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5323
Experience:  16 years of legal experience including real estate law.
4460311
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10 Real Estate Lawyers are Online Now

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Recent Rental Property Questions

  • As tenants in common, one living in the home, the other elsewhere,

    As tenants in common, one living in the home, the other elsewhere, without written agreement, when severance occurs, can the tenant in common living away from the property charge the tenant living in the home rent for the length of the tenancy as severance is imminent?
  • My Daughter was working with a bank since September 16th on

    My Daughter was working with a bank since September 16th on a mortgage. The main mortgage Officer sent a friend to look at the house in the middle of the process to check the house out. My daughter was told if she could do the 20% down they would do the deal. I spoke to the Mortgage office after he pulled the plug on the deal because he told me "He did not want my daughter to get into a house that needed some work and she could not afford to fix it if something needed to be fix. He then told me "I will do this for you, I will pick up the phone and call" ( the "Friend" who he had sent to look at the house two weeks prior) this person who is in the business of rental property's who has the money to buy the house and fix it up. If your daughter wants the home she could by it from it completely remodeled" On October 16th is when the mortgage banker call to tell us this.
  • I live in a HOA that has some owners who not members of the

    I live in a HOA that has some owners who not members of the HOA. I would like a list of the voting members and their addresses, so if I have to give my proxy, I will know who are voting members and who are not. Am I entitled to that information from the HOA, and if not why? I live in San Antonio, Tx.
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