Understanding your state’s laws can help you avoid common legal pitfalls as a landlord or tenant. The most crucial tenant and landlord law topics, such as evictions and security deposits, will be covered in this article.
Landlords also must be aware of tenant privacy laws, which protect their right to enter their rental property for repairs and maintenance.
Evictions
Evictions are a legal process that landlords can use to remove tenants from their rental property. They typically occur for lease violations, such as not paying rent or damaging the property.
Some states also have laws that protect tenants from discrimination. These landlord tenant laws Manassas VA laws protect against housing discrimination based on race, gender, age, national origin, religion, marital status, or disability.
Tenants who are evicted for these reasons can file a complaint with their state’s Division of Human Rights in person or online. The agency can investigate a tenant’s claims and help them with a lawsuit if necessary.
In most cases, a landlord will send a letter asking the tenant to pay or move out. The landlord can begin eviction if the tenant does not respond or pay within 14 days. This will depend on the complexity of the case.
Security Deposits
Tenants must pay a security deposit to the landlord to reserve a rental property. This money is designed to reimburse the landlord if the tenant damages the property or causes any problems during the lease term.
State law determines the security deposit’s amount. It varies widely from state to state.
Some states also have strict laws regarding when a landlord can legally return the security deposit to the tenant. For instance, the law mandates that a landlord refund the security deposit to the renter within 14 days of the tenant’s departure.
In, landlords of nonregulated units in buildings with six or more rental housing units must pay a 1% annual administrative fee on the security deposit. This can be subtracted from the rent or paid in lump sums at the end of each year. In addition, security deposits must be kept in an interest-bearing account in a bank.
Damages
Damages are a type of remuneration given by the courts to compensate for a plaintiff’s quantifiable financial loss, usually brought on by the defendant’s negligence. These losses include medical bills, lost pay, or repair costs.
Damages also include punitive damages, which are assessed against a defendant to punish them for their negligent behavior. These are usually awarded in cases of medical malpractice or product liability.
Landlords are required by law to keep their residential apartments and the public areas of multi-dwelling buildings in good repair. This includes electrical, plumbing, sanitary, and heating systems.
In addition, many states have an implied warranty that a residential apartment is habitable at the time of the lease and during the tenancy. If a landlord fails to keep an apartment compliant with building and housing code standards, the tenant can sue for breach of this warranty. Check the laws in your state about these issues and contact an attorney or governmental agency devoted to landlord-tenant problems if you need help with how to proceed.
Abandoned Property
Abandoned property is a common and costly situation for landlords. However, with a solid understanding of the laws surrounding this issue, landlords can avoid fines and disputes with their tenants.
The first step is to determine whether the property is truly abandoned. This may require access to the unit.
Landlords can enter a tenant’s home to check for evidence of abandonment, such as empty cupboards or missing possessions. They can also gather further information about the house, such as its current appraised value or liens.
Most states have laws governing abandoned property, but they vary by state. These laws may allow for property sale or a specific period before the property becomes abandoned. The law may also require the return of a portion of the proceeds from the sale to the owner or landlord. This is especially important for a property that has high value or has been in a fire.
