Top Ten Legal Mistakes Landlords Make – Part IV

By E-Renter Tenant Screening
Posted on March 27, 2007 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

A good landlord will ensure he avoids making the following mistakes i.e.

  1. Using Security Deposits for Other Than Their True PurposeMost arguments heard in small claims courts are over security deposit retentions. Every landlord is aware that the basic rule for security deposits is that they are to be used only to cover damage beyond wear and tear, necessary cleaning, and in lieu of unpaid rent. However, landlords have been known to use the deposit to cover appliance upgrades, cosmetic improvements and other refurbishing, apart from repairs. If, you commit this mistake, be prepared to lose your case in the small claims court.
  2. Improper Maintenance And Non-RepairsEvery state has made it mandatory for landlords to offer and maintain housing in accordance with the basic health and safety standards i.e. state and local building codes, health ordinances and landlord-tenant laws. Failure to carry out important repairs, or deal with environmental hazards, or put security measures in place to avoid your property from becoming an easy target for criminals, can legally entitle a tenant to break his / her lease, even withhold rent or make the repairs themselves, deducting the repair expenses from the rent.

    Failure to make rental properties reasonably secure in the face of repeated on-site crime, can result in landlords being ordered to compensate the tenant-victim, if yet another theft or criminal incident take place. Follow the law and you won’t have to learn the expensive way.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting tenancy leases or rental agreements. They must also take all necessary precautions, such as, tenant screenings, background checks on prospective tenants, including making certain all rental lease clauses are adhered to, as insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit for tenant screening and background check services., the best tenant screening agency in America!

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