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ou don't have to be an attorney in landlord-tenant law to protect yourself. Just brish up on your rights -- and read your lease before signing on the bottom line.

In a perfect world, landlords and tenants would work together like peas in a pod, both generously doing their part to keep each other happy.

In fact, lots of tenant-landlord relationships fit this description, but we've all heard horror stories about the exceptions. And laws that protect both parties have become so complex that understanding your rights can be like getting your doctorate. Since landlord-tenant law varies by state, the key is knowing your rights -- preferably before you even sign your rental agreement. Understanding your state law and the terms of your lease are your best guarantees against future problems.

15 common renters' rights:

Although renters' rights vary by City & State, many are pretty much the same. Here's a brief sample of rights likely to be addressed in your state's landlord-tenant law that you should be aware of:

1. The Fair Housing Act makes it illegal to deny housing to a tenant on the grounds of race, color, sex, religion, disability, family status, or national origin.
2. Residential rental units should be habitable and in compliance with housing and health codes--meaning they should be structurally safe, sanitary, weatherproofed, and include adequate water, electricity, and heat.
3. Many states limit the amount landlords can charge for security deposits.
4. A landlord should make necessary repairs and perform maintenance tasks in a timely fashion, or include a provision in the lease stating that tenants can order repairs and deduct the cost from rent.
5. A landlord must give prior notice (typically 24 hours) before entering your premises and can normally only do so to make repairs or in case of an emergency.
6. Illegal provisions in a rental agreement (provisions counter to state law) are usually not enforceable in court.
7. If a landlord has violated important terms related to health, safety, or necessary repairs, you might have a legal right to break your lease.
8. If you have to break a long-term lease, in most states landlords are required to search for a new tenant as soon as possible rather than charging the tenant for the full duration of the lease.
9. Damage or security deposits are not deductible for "normal wear and tear." Some states require that a landlord give an itemized report of any deductions.
10. Most states require landlords to return refundable portions of a security deposit within 14 to 30 days after the tenant has vacated the premises, even in the case of eviction.
11. Landlords usually can't legally seize a tenant's property for nonpayment of rent or any other reason, except in the case of abandonment as defined by law.
12 Landlords are legally prohibited from evicting tenants as retaliation for action a tenant takes related to a perceived landlord violation.
13. A landlord cannot legally change the locks, shut off (or cause to have shut off) your utilities, or evict you without notice; eviction requires a court order.
14. If a landlord makes life so miserable for you that it forces you to move, it may be considered "constructive eviction," which is usually grounds for legal action.
15. In many states, it's illegal for a lease to stipulate that the tenant is responsible for the landlord's attorney fees in case of a court dispute.

Protect yourself Before you move in, Firstly use a locator service, a real estate agent or Broker that specializes in the rental market. These firms like http://www.plumpads.com that DO NOT charge a fee to use their services. the fee is paid from the landlord, developer, apartment community that you will be renting from. This is customary in most cities. tour the premises with your landlord & Realtor, and note -- or better yet, photograph -- any existing damage. When you move out, if your landlord withholds part of your damage deposit, ask for an itemized list of charges and the reason for the charges. If there's a discrepancy between this list and the one you made before moving in, let the landlord know immediately. Keep copies of all correspondence with your landlord, as well as dated records of phone and in-person conversations.

About the Author

Michael Internoscia is a Real Estate Broker/CEO of Plum Pads, LLC a professional, dedicated real estate firm with the know-how and ability to list, market and fill rental properties, then manage the relationship between tenant and landlord.

It's one sweet solution To learn more about PlumPads, or to speak to one of our cool-as-a-plum representatives, call 1-877-571-8530.

218 SE 14 STREET, Emerald, Miami, FL | Powered by Postlets

2009-08-04T14:55:00.001-04:00

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2009-08-04T14:55:00.000-04:00

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2009-08-04T14:54:00.000-04:00

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2009-08-04T12:04:00.000-04:00

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2009-07-29T13:44:00.000-04:00

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2009-07-27T15:49:00.000-04:00

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2009-07-27T15:35:00.000-04:00

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2009-07-27T15:28:00.000-04:00

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2009-07-27T15:27:00.000-04:00

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2009-07-27T15:21:00.000-04:00

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2009-07-27T13:20:00.000-04:00

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2009-07-27T10:45:00.000-04:00

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2009-07-27T08:42:00.001-04:00

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2009-07-24T16:06:00.000-04:00

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Quality renters scarce in hard times | The Real Deal | New York Real Estate News

2009-07-24T13:32:00.001-04:00

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2009-07-24T11:22:00.000-04:00

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2009-07-24T11:21:00.000-04:00

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Tenants in Foreclosed Properties Will Benefit from New Federal Law

2009-07-21T21:47:00.000-04:00

Tenants in Foreclosed Properties Will Benefit from New Federal Law
by Bob Hunt

On May 20 President Obama signed into law the Helping Families Save Their Homes Act. Understandably, primary attention has been paid to the Act's provisions that are designed to help distressed homeowners avoid foreclosure. But the Act has other beneficiaries as well. One group that will receive particular assistance from this new law is those people who – often in good faith – are renting a property that goes into foreclosure.

Many times renters of residential properties are caught in the middle of a foreclosure situation. Frequently, they will not be aware of the fact that the owner is delinquent. Their first notice of trouble may be the posting of a sale notice on the property. That may only give them a few weeks warning that something is awry. Moreover, they may not know how this might affect them. In some jurisdictions they may be subject to eviction with little advance warning.

Sections 701 - 704 of the larger bill are cited as the "Protecting Tenants at Foreclosure Act of 2009." This applies to all federally related loans, which is to say just about every residential loan except seller financing. Section 702 provides that any person or entity who acquires a property through the foreclosure process may give a bona fide tenant not less than a ninety-day notice to vacate the premises. This applies to tenants who are on a periodic tenancy such as the typical month-to-month rental.

If a tenant has a lease that was entered into prior to the notice of foreclosure, then the tenant has the right to occupy the property for the duration of the lease. There is one exception to this. The exception occurs if the foreclosed property is sold to someone who will occupy it as their primary residence. In that case, even if there is a lease, the tenant may be given a ninety-day notice to vacate "effective on the date of sale of the unit to [the owner occupant] purchaser."

So, if the notice must be at least ninety days, and the termination of the lease is effective the date of sale, that would mean that the notice of termination would be given during the escrow period, not less than ninety days prior to closing. Suppose the escrow "falls out" (e.g. the buyer doesn't qualify for a loan) during the escrow period. What happens then? The Act is silent on such a possibility, but, presumably, a new ninety-day notice period would be required if there is a subsequent sale to another owner-occupant buyer.

That's my interpretation. Some bank might have a different one.

The provisions of the Act do not supersede any federal or state subsidized tenancies – or any local provisions – that might provide for even longer notice periods.

For purposes of Section 702, a tenancy is bona fide only if (1) the tenant is not the borrower who has been foreclosed on, (2) the tenancy was created as a result of an "arm's length" transaction, and (3) the tenancy requires a rental payment that is "not substantially less than fair market rent for the property."

These provisions are effective immediately and will terminate December 31, 2012.

Published: July 7, 2009

4284 SE Cove Lake Circle, Stuart, FL | Powered by Postlets

2009-07-20T20:39:00.001-04:00

4284 SE Cove Lake Circle, Stuart, FL | Powered by Postlets

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2009-07-20T15:20:00.000-04:00

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2009-07-16T21:28:00.001-04:00

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TEN LARGEST EFFECTIVE RENT REDUCTIONS OVER THE PAST YEAR

2009-07-13T23:34:00.002-04:00

One of the many immediate and effective ways to improve and boost the real estate market is to decrease apartment rents. Aside from all the other efforts industry experts are continuously working on, this “rent reducing” is fast becoming a favorable solution by many. Apartment occupancies and their respective communities are significantly improving because of this positive domino effect.

A recent study conducted by the Wall Street Journal shows the ten largest effective rent reductions over the past 12 months here in the United States. The study, as of the second quarter of 2009, shows primarily the rate (percentile-based) of decrease from the past year and its corresponding Average Monthly Rent (AMR).

It is notable to point out that the decrease is based on the percentile rate of its reduction in rent and not on the AMR of the county/city, as different cities have different property values to begin with. Such notable result is California’s San Jose, San Bernardino/Riverside, Ventura County, and Orange County. They have different rates of rent reduction but one city/county’s AMR is higher or lower than the others’.

Top on the list is New York’s 5.8% rent drop, making their AMR of $2,680. This is followed by San Jose, California, whose 5.1% rent decrease makes their AMR at $1,430. San Francisco is not too far behind as theirs had a 4.7% drop, making their AMR at $1,740.

San Bernardino/Riverside, California, reduced their rate to 4.0%, making their AMR at $1,000. While Miami’s 3.9% reduction made their AMR at $1,020. Fairfield County in Connecticut had a 3.8% reduction making their AMR at $1,690.

Ventura County and Orange County in California had the same 3.6% reduction in rent, making their AMR $1,360 and $1,470 respectively.

Las Vegas showed a 3.4% reduction but registered having the notably lowest AMR of $800 amongst the ten counties/cities.

Last on the list is Long Island, New York. Its 3.3% reduction has made its AMR into $1,470.

Market forecasters say that the trend for the coming months is gearing towards lower rents all over the country and these changes will definitely help the market’s improvement.

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2009-07-10T15:12:00.000-04:00

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2009-07-10T14:29:00.000-04:00

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2009-07-10T14:13:00.000-04:00

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For Rent: 4BR/4.5BA Condo in Miami, FL, $4,300/month

2009-07-09T11:21:00.001-04:00

For Rent: 4BR/4.5BA Condo in Miami, FL, $4,300/month

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2009-07-08T15:18:00.000-04:00

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2009-07-08T15:02:00.000-04:00

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2009-07-08T14:52:00.000-04:00

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2009-07-06T21:58:00.001-04:00

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2009-07-06T21:40:00.001-04:00

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2009-07-06T21:35:00.001-04:00

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For Rent: 2BR/2BA Condo in Miami, FL, $2,175/month

2009-07-02T15:54:00.001-04:00

For Rent: 2BR/2BA Condo in Miami, FL, $2,175/month

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