Right of entry can be a confusing issue, however, it is one single point landlords should be more than clear about. It is only natural a landlord wishes to protect his / her property, entering it even if the property has been leased out, in order to investigate against suspected damage. Nonetheless, unless it is an emergency, most states require landlords to notify tenants, 24-hours in advance before they can rightfully enter a rented unit.

Generally, most states require landlords to issue a minimum 24-hours notice, though there are some states that allow a shorter period of advance notice i.e. as little as 2-hours. To be legally correct, it is a good idea to research state requirements for a landlord’s right of entry to a rented unit, as what you constitute as reasonable notice, may differ from your state’s legal definition.

A landlord must always inform a tenant well in advance of his / her intention to enter the rented unit, even if it is to perform repairs. As well, except in the case of a specific emergency, a tenant must also be informed and permission obtained for a repairman to be granted access to his / her rented accommodation.

In addition, apart from the right of entry notice, a landlord must ensure he / she enters the property at a reasonable time, which most states specify is during normal business hours, again except in the case of an emergency. This means, unless the tenant grants permission otherwise, a landlord may gain access to rented property between the hours of 9:00 a.m. to 5:00 p.m.

There may be times, when a tenant refuses access to the property, despite sufficient advance notice. In such a situation, a landlord should maintain his calm and not try to force his / her way in. Another attempt should be made to gain entry by notifying the tenant again and giving more than adequate notice, failing which, the local law enforcement agency should be contacted to help gain safe and legal entry to the property. A landlord should follow his rights without overstepping the legal right of entry issue, thereby protecting himself against tenant claims of illegal entry.

However, an emergency, such as, a gas or water leak, an indication of smoke, fire, or some such that puts the tenant or your property in danger, almost always supersedes the usual notification process. Unlike some landlords who do, it is advisable not to abuse this emergency provision to gain entry to a rented unit, as according to law, you will be asked to thoroughly document your reasons for entering the property. Play it safe by always having a witness to testify to the emergency.

If a landlord suspects the tenant has abandoned the property, then there is no need for worrying about right
of entry. However, a landlord must be certain the tenant has actually vacated the property and not gone on a holiday, instead. Entering rented property while a tenant is vacationing could well amount to breaking the law.

There are a few landlords who feel the right of entry law is unfair, but it is there to protect tenant interests and peaceful enjoyment of his / her rented home. A landlord’s intention may be above reproach, however entering without notice is clear violation of a tenant’s private space.

Ascertain your rental agreement spells out the right of entry policy, clearly. State how much notice you will give the tenant and what emergencies will void this notice period. While, including right of entry in the lease agreement will lessen any chances of mis-understanding, it will also inform the tenant, not only of their rights, but a landlord’s rights as legal owner of the property.

But, to avoid any mishaps or unwanted tenants, visit www.e-renter.com for tenant screening and background check services.

Typically, during the term of a lease, landlords can expect their rental units to sustain a certain amount of wear and tear. In order to protect his / her investment, he / she must be able to distinguish between normal wear ‘n tear and actual damage to a building, as there is, but, a slim line between the two. A landlord must be able to discern the difference between the two, in order, to help protect his / her property without breaking state laws or wrongfully withholding a tenant’s security deposit.

Normal Wear and Tear: Regardless, of the sort of tenant a landlord rents out his / her property to, minor damage over the duration of a rental agreement is something that cannot be prevented. Damages could include anything from minor paint scratches or on the walls, broken door or window hinges to stained carpets, or any other insignificant damage.

Landlords may not appreciate having to repaint after each tenant vacates, but normal wear and tear makes certain, it is necessary. Besides, an odd nail hole or a few scuffs on the wall cannot be constituted as damage, and a landlord won’t be able to charge the tenant for the paint job to cover this very minor damage to the his / her property.

Damage: Real damage to the property goes beyond wear and tear, and large holes in the walls, in place of small scuffs or a few tiny nail holes, would be considered as damage to the property.

A carpet that is torn, ripped, badly stained, in other words completely ruined, can be construed as damage. If you do not allow pets on your property, despite which, you find evidence of pet stains, then this also can be considered as actual damage. In such a case, if no pet deposit has been charged to cover the damage, you may use the security deposit for repairing and restoring your property to its original condition.

If a tenant, who is moving out leaves behind personal items, furniture or excessive garbage, the law in certain states would label that as damage, because, you will have to pay for cleaning and to have the furniture removed.

In this case, a landlord is allowed to use the security deposit to cover the costs of cleaning the property or having the furniture removed. Once, a landlord is clear about the differences between normal wear ‘n tear and damage to rental property, he / she must draft a damage policy and include it in his / her rental agreement. Make it crystal clear, scuffed or tiny holes in the wall will be considered wear ‘n tear for which the tenant will not be held responsible. But, in the event there are major damages to the property, a tenant’s security deposit will be used to fix them. Everything should be clearly stated in the rental agreement to avoid confusion at a later date.

It is a good idea to walk through the property with a prospective tenant before allowing them to move in, noting existing problems, such as, paint scratches, scuffs, etc. on a checklist. After the walk through, have them sign the checklist and give them a copy, retaining one for your file. Use it to determine the condition of the property when the tenant moves out to determine about normal wear ‘n tear or damage to your property. Photographs or video tapes of the property before beginning a lease also prove useful, in the event a dispute arises between a landlord and tenant. Proper documentation regarding the state of your property will help prove the extent of the actual damages and, delineate between what is normal wear ‘n tear and what can be considered as damage to the rental unit.

As well, it is a good idea to check the state laws as each state has different requirements or guidelines regarding the definition of wear ‘n tear and property damage.

In order to avoid tenant problems, enlist the services of reliable and to be trusted www.e-renter.com to screen prospective tenants and carry out background checks on them before you sign a lease agreement with them.

It can be a stressful experience when your tenant moves out, even before his / her lease is up. However, such scenarios can be avoided if landlords take pains over writing out the lease agreement. When a tenant breaks a lease, it means he / she has vacated the rental property before the lease has expired. Take for example, if a tenant takes your property and signs a lease for one-year, but leaves after six or seven months, this is considered to be lease breaking. As well, if your tenant fails to follow the terms of the lease agreement, it also amounts to breaking it. The following tips should be helpful in assisting landlords in the handling of a broken lease agreement.

When sitting down to write a lease agreement, always imagine the worst case scenario. Write it out, totally prepared for a tenant to break it. Even as you hope for a problem-free tenancy, prepare for the worst and be ready to protect yourself.

You should first specify in the lease, what will happen, in the event the tenant breaks the terms of the lease. It should be made clear it is the responsibility of the tenant to find someone to take over their lease, before they will be free of their legal obligations under the agreement. This will protect against lost income resulting from a broken lease and vacant rental property.

State what action will be taken if the tenant breaks the lease without finding a replacement for him / herself. You could also emphasise the defaulting tenant will forfeit his / her security deposit to make up for the income you stand to lose because they did not keep up their end of the bargain. Usually, security deposits are equivalent to one month’s rent and may not fully cover the rest of the lease term. However, something is better than no payment at all.

The lease should contain a clause to the effect that the lease agreement is legally binding and the tenant will be taken to the small claims court if he / she leaves before it is up, in order to make up for lost income. This should discourage any tenant from breaking the terms of their lease.

In case, a tenant vacates without giving you notice, you are entitled to the security deposit as per the lease agreement, and if you wish to take him / her to the small claims court, you might find it difficult to track them down. In this case, get on to finding a replacement tenant even as you seek to enforce the terms of the lease agreement with your former tenant.

However, there are times that tenants have no option but to vacate before their lease is up. Job transfers are valid reasons and all a landlord can do in such a case is to request them to find someone willing to take over their lease. It is in a landlord’s interest also to try and find a new tenant to replace the outgoing one.

If neither of you are able to find a replacement, you may insist the tenant pay up for the rest of the lease term or till a suitable tenant is found. Whether, a landlord wishes to take action to enforce the payments or release the tenant from his / her legal obligations, is up to him / her.

And, if a landlord wishes to evict a tenant for breaking some other terms of the agreement, it is a good idea to first send them a notice saying they have not kept faith, or else get someone to mediate between the two of you. Eviction should be the last step and taken only if all else fails.

In order to avoid tenant problems, enlist the services of reliable and to be trusted www.e-renter.com to screen prospective tenants and carry out background checks on them before you sign a lease agreement with them.

When a landlord rents out his / her property, its possession is handed over only after the tenant / tenants have agreed to and signed a lease or a rental agreement. Although, both terms i.e. lease and rental agreement, are used interchangeably, it is important to understand they do not carry the same legal meaning.

Technically speaking, a lease has a finite term i.e. six months, a year or whatever period is decided on between landlord and tenant. During the agreed upon time period, which is also called duration of the lease, both tenant and landlord are required to uphold the terms of the written agreement entered into.

A lease arrangement means neither party can alter any of the lease terms until the lease expires. However, changes are permissible if both landlord and tenant agree to them. For example, if a landlord wishes to raise the rent from the current $550/- a month, he / she can only do so after the lease has expired.

While, it is in effect, a lease ensures tenants make monthly rental payments as agreed upon, and follow the lease stipulations. Further, a tenant cannot vacate the property without breaking the lease, and in some cases, he / she may be held responsible for paying rent for the remainder of the lease term, or else to find a replacement willing to take over the lease.

Lease agreements are popular with landlords with mortgage payments to make, and they like the stability that comes with locking in a tenant for a specified period of time, an arrangement that allows them to budget their expenses, accordingly.

Rental agreements are short-term, differing from leases in various ways. Most standard rental agreements are month-to-month arrangements and do not have a set period of residence. They allow landlords and tenants to make changes to the rental agreement after the 30-day period, subject, of course, to rent control laws, if any.

The changes may relate to rent increases, modification of rental agreement terms, or even a request to vacate property. However, in most states it is common practice for both the landlord and tenant to give a 30-day notice before changes can take place. If your state does not require a notice period, go ahead and in case, your tenant is not agreeable, he / she is free to give their 30-day notice to vacate your property.

Rental agreements are useful for landlords with rental property in an area with a strong dominance of students or professionals on the move. The freedom provided by a month-to-month agreement suits their peripatetic lifestyle perfectly, though it does mean a landlord has to find new tenants on a more frequent basis than one with a long-term lease.

Before renting out your property, you must take into account the differences between a lease and a rental agreement, basing your decision on your needs. It is also advisable to screen tenants and conduct background checks to avoid and future litigation. Visit www.e-renter.com for help with your tenant screening and background check needs.

It is important for owners of rental property to know about the eviction process, including the kinds of lease termination notices that are required in different situations, from tenant’s failure to pay rent to misbehaviour, property damage, etc.

What every landlord must know is that he / she cannot physically remove a tenant from his / her rented property. Eviction can only be done through the process of going to court and proving the tenant’s actions justify ending his / her tenancy.

However, a landlord cannot file for an eviction lawsuit, without terminating the tenancy first. A written notice should be issued to the tenant stating unless the tenant does not move, or pay rent or move his / her pet out, a lawsuit will be filed against the tenant.

According to state laws, there are very detailed requirements for ending a tenancy, and each state has its own procedures regarding how termination notices and eviction papers must be written and served. Different situations require a different type of notice, and though terminology may vary from state to state, basically there are 3-types of termination notices.

1. The first notice is for tenants who have not paid their rent. Pay rent or quit notices give the tenant a few days (3 to 5-days in most states) to pay up or move out.
2. The second notice is for any violation of the terms and conditions of a lease or rental agreement, e.g. a no pets clause or a clause that stipulates noise control. Cure or Quit notices give the tenant a set period of time to correct the lease violation. Failing to do so means, either the tenant must move out or will have an eviction case slapped on him / her.
3. The harshest of all is the unconditional quit notice that orders the tenant to vacate, without a chance to pay rent, or correct the lease / rental agreement violation. Most states only allow unconditional quit notices if a tenant has:
   • Time and again violated an important lease or rental agreement clause.
   • Been late in paying rent on more than one occasion.
   • Caused serious damage to the premises.
   • Or, engaged in criminal or serious illegal activity e.g. drug dealing on the premises.

A number of states allow all the three types of notices, but some states allow landlords to use the unconditional quit notice, even for late rent or violation of a lease clause that would merit Pay or Quit or Cure or Quit notices in other tenant friendly states. And, of course, a landlord can offer the tenant a second chance, if he / she so wishes, however, it is not legally stipulated, as such.

It is essential landlords are careful in adhering to state rules and procedures, otherwise there can be delays in the eviction process, or else he / she can lose the lawsuit, even if the tenant has failed to pay rent or issued bounced rent cheques on more than one occasion. Landlords may chafe at the strict compliance of the detailed rules, but unwavering adherence to the rules help make any eviction suit, a relatively fast legal process that can be over, in only a few weeks.

Finally, winning an eviction suit does not mean a landlord can throw the tenant’s belongings out of his / her property. The judgement has to be handed over to a local law enforcement agency, together with a fee the tenant is required to pay as part of the landlord’s lawsuit costs. The sheriff or marshal then issues a notice to the tenant, confirming if he / she is not gone when the officer returns in a few days, he / she will be physically removed.

Since, litigation can be an expensive process, it is important landlords go through a proper selection procedure for would-be-tenants. To avoid any mishaps or unwanted tenants, visit www.e-renter.com for tenant screening and background check services., the best and only way to prevent expensive litigation, later on.

When can a Landlord be held liable for injuries sustained either by a tenant or visitor on his rental property?

If a tenant or his visitor sustains injuries on his / her rented premises, the landlord is to be held responsible, only if the tenant can prove negligence on part of the landlord caused him / her to get hurt. In order to do so, the tenant must establish:

1. The accident was foreseeable and the landlord was in a position to prevent it.
2. Fixing the cause of the injury was not unreasonably expensive.
3. Carelessness in fixing the problem resulted in serious physical injury.
4. The landlord did not take adequate steps to prevent the accident from happening
5. The landlord’s negligent attitude and failure to fix the problem caused the tenant’s accident and led him / her to get seriously hurt.

Take for example, a tenant falling and breaking his ankle while climbing a broken front door step. In such a case, if the tenant can prove he tripped because of the broken steps, the landlord will be held responsible, as:

1. Front door steps fall in the common area category and it is the landlord’s responsibility to maintain them.
2. The accident was foreseeable as broken steps are liable to trip anyone climbing them.
3. Repairing broken steps is easily done and fairly inexpensive.
4. Broken steps can result in serious injuries and if a landlord fails to repair them, then he is to be held responsible for the consequences.
5. As long as a tenant has a witness to the fall, he / she can prove they were injured as a result of it. Without witnesses, a landlord can always claim the tenant injured himself / herself elsewhere and is attempting to pin it on the landlord to claim damages.
6. Proof of injury is required.

In such a case, a tenant may file a personal injury lawsuit for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement and emotional distress, including suing for property damage resulting from faulty maintenance or unsafe conditions.

Threat of expensive lawsuits should be enough to motivate landlords to maintain their rental property in excellent condition to avoid such problems. They should:

1. Clearly set out repair and maintenance responsibilities in the lease or rental agreement.
2. Prepare a written checklist for inspecting the premises and fixing problems before allowing new tenants to move in.
3. Tenants should be encouraged to immediately report plumbing, heating, weather-proofing, other defects or safety / security problems, whether in the tenant’s unit or in the common areas, such as, halls, corridors, and parking areas.
   • They should keep written logs of all tenant complaints and repair requests with details as to how and when problems were fixed.
   • All urgent repairs should be handled, as soon as possible. Major inconveniences i.e. plumbing and heating problems should be taken care of within 24-hours. Minor problems can be responded to within 48-hours. Keep the tenants informed as to when, how repairs will be made, including reasons for delays, if any.
   • Give tenants a checklist to report potential overlooked safety hazards or maintenance problems, twice a year. Use the same checklist rental unit inspections, once a year.

Sub-letting is one of the biggest headaches a landlord can experience, especially if it is done without his / her permission. If, a landlord does not wish tenants to sub-let his / her rental property, he / she must make it clear from the start. Including a clause to the same effect in rental agreements will dispel any uncertainty and, in case a tenant sub-lets, it will provide a landlord with legal recourse, as the sub-letting was done against his / her wishes.

The following tips should help in handling a situation where a tenant sub-lets without the landlord’s prior permission.

1. There should be adequate proof that a sub-lease has taken place. A landlord’s first priority is to determine if a sub-lease has, in fact, taken place and the new tenant is not simply house-sitting for his / her original tenant. Talk to both the new tenant and the actual tenant i.e. the one who signed the lease agreement. Once it has been ascertained that, yes indeed, your original tenant has sub-let your premises, document when it happened and the terms under which the new tenant is renting your rental unit.According to law, the tenant who sub-lets is still responsible for upholding the lease agreement he / she signed, and the new tenant must abide by the same terms, as well. Often, a tenant who sub-lets will also have an agreement in place with his / her tenant, leaving the new tenant answerable to two different landlords. Not a very pleasant situation for both landlord and new tenant.
2. Touch base with your original tenant. Not at all easy, particularly if he / she cannot be tracked down. In this case, ask the sub-letting tenant for current contact information. If he / she is paying rent to the original tenant, then the sub-lessor is bound to know where and how to contact him / her.
3. The original tenant must be notified of breach of the lease agreement signed with you. If the lease agreement prohibits sub-letting of rental premises, then it is evident that your tenant has violated the lease terms. Notify him / her of the breach through a written notice stating what will happen if the situation is not rectified within 30-days (notice period).
4. Take recourse in legal options. If a landlord fails to extricate the sub-letting tenant from his / her property, the original tenant can be taken to court or involved in third party mediation. In case of a simple misunderstanding, mediation is the easiest way to resolve the dispute.

Before taking any action, it would be advisable to research state laws, since lease violation means, the sub-letting tenant has no right to remain on your property. However, before evicting him / her, ensure you are within your rights to do so.

In case, you did not include a clause prohibiting sub-letting in the lease agreement with your tenant, you could have landed yourself in a sticky situation. Either, you will have to seek legal remedies or pursue other options, in order to rectify the situation.

Your first step should be to update the lease agreement. If lease agreements with tenants include a clause that updates are permissible at the discretion of the landlord, issue notices to your existing tenants informing them that the terms and conditions of their lease agreements will be changing. Typically, a 30-day written notice has to be given before the changes can legally go into effect.

Now, you can inform your tenant you are not happy with him / her sub-letting your premises, and although a clause preventing sub-letting is not a part of the lease agreement he / she signed, it may be possible to have him / her end their current sub-letting agreement, now they know you are not happy with the arrangement.

Recourse to legal remedies depends on the state in which your property is and the terms of the lease. However, the best method of protect for a landlord is to include a clause in all lease agreements that expressly forbids sub-letting of his / her rental premises.

Tenant screening and thorough background checks can help avoid such problems. Visit www.e-renter.com for help with the same!