When a renter first decides to move out of a rented house or apartment, they should inform their landlord.
Landlord-Tenant Frequently Asked Questions Landlords and tenants have legal rights and responsibilities. The following information explains the law in a question answer format.
It is written from the perspective of Orange County tenancies; those located outside of Orange County might be governed by different laws and requirements. The following information is not meant to take the place of legal advice. If you have a problem, it is best to contact the Fair Housing Council of Orange County directly, a private attorney or another organization serving tenants and landlords.
Must a landlord refund a deposit, which was left to hold a rental unit, if one of the parties changes their mind? It depends on who changes their mind. If the landlord decides not to rent to the prospective tenant, then the deposit should be refunded in full. The landlord should make a good faith attempt to minimize their damages by locating another tenant as quickly as possible.
If the landlord can immediately re-rent the unit and loses no rent as a result of the tenant backing out of the deal, then the tenant should get their money back. The landlord can retain an amount equal to the rent they lose, plus the cost of advertising the unit again, if any.
How large a security deposit can a landlord require? In an unfurnished rental unit the landlord can require up to two times the monthly rent as security, although most landlords require less. In a furnished rental unit, the landlord can require up to three times the monthly rent as security.
What charges can a landlord deduct from the security deposit? A landlord can charge a tenant for cleaning, unpaid rent, and damage to the rental unit beyond normal wear and tear. Tenants are required to leave the unit as clean as when they moved in.
This includes carpets, drapes, miniblinds, ovens, etc.
If the unit was dirty when the tenant moved in they are under no obligation to leave it clean. Tenants are required to pay for damage, but not normal wear and tear, to the unit occurring during their tenancy.
Pre-existing damage cannot be charged to present tenants. Normal wear and tear is the degradation of a unit that occurs through its regular use.
Examples of normal wear and tear could be: How long does a landlord have to refund a security deposit? That is generally true, but the law now allows the landlord to send an interim accounting within that time if he has good cause for the delay and he has more work to be done and more deposit to account for.
Then he needs to send a final accounting within 14 days of completion. What can a tenant do if the landlord keeps all or a portion of the deposit and the tenant disagrees with the charges?
If a landlord fails to return a security deposit or keeps a portion of the security deposit and the tenant disagrees with the charges, the tenant can write the landlord a letter of demand.
The demand letter should be sent certified mail, return receipt requested. The tenant should retain a copy for their records. If the landlord does not respond to the letter of demand within a reasonable amount of time, ex.
How can disputes over security deposits be avoided? Keep copies of all rental records in one place. Showing that a tenant has the right to a return of security deposit requires preparation in advance. Start during a walk-thru just before you actually move in, even if the tenant was required to sign a lease or rental agreement that recited that the unit was in perfect condition.
You can take pictures of the conditions before you move in so that the landlord cannot claim you damaged the items when you move out. By law, the landlord must conduct a walk-thru of the unit before you return the keys. Take pictures of the things complained of after you fix them.
Give the landlord a dated letter explaining what you did to fix any complaints and an address where to send your security deposit. Keep a copy of the notes and letters. What if the landlord sells the unit?Complete Topic List.
Landlord-Tenant Law In North Dakota. This handout is intended to provide information about the rights and responsibilities between landlords and tenants in North Dakota.
THIRTY (30) DAY NOTICE TO VACATE. Dated: _____ To Tenant: _____ Pursuant to California Civil Code Sections and , a residential landlord may terminate a month-to-month lease by giving the tenant at least thirty (30) days’ notice in writing, unless the tenant has resided on the property for longer than one year.
Eviction and property management law services for the Florida residential property manager and landlord filing evictions in all florida counties and representing thousands of .
Jun 23, · Writing a day notice to your landlord is the official way to inform him that you are giving up the apartment or house. It doesn't work for an active lease, so be warned. You can find a day notice template on the internet but you can also draft up something yourself and get it to the landlord.
The notice to vacate letter is not the format for complaints or settling past leasing issues. It ticks the box for terminating your lease and provides a record for your landlord to . Our 30 day notice to landlord example (below) is written for tenants - If you are a landlord or property manager, Click here for our 30 day notice to vacate.
If you have a month to month lease, you'll need to inform your landlord at least 30 days in advance. This is to give the landlord enough time to find a .