Leases And Renting Basics
What is an occupant?
A tenant is somebody who pays rent to reside in a residential or commercial property (house, apartment or condo, condo, townhouse) that comes from somebody else.
What is a property owner?
A property owner is the owner of the residential or commercial property that the tenant resides in.
What is a residential or commercial property manager?
Sometimes, the owner of the residential or commercial property works with someone to oversee and handle their residential or commercial property for them.
What is a lease?
A lease is a written contract in between you (the tenant) and the landlord, permitting you to live in the residential or commercial property in exchange for rent. For your security, you need to just participate in a written lease. The lease states what you are responsible for, and what the landlord is accountable for. Both you and the landlord sign the lease and you both should do what the lease states. Leases are frequently hard to understand, even for native English speakers, so it is best to have somebody you trust assist you comprehend your lease, or call a lawyer to assist you.
What is rent?
This is the amount of money you will pay the landlord monthly. Rent is paid ahead of time, suggesting that rent is due at the start of the month, generally on the first of the month, for that month. Make sure you understand where and how to pay the lease - online? By check? Cash? If you pay your lease in cash, constantly get an invoice as evidence of your payment.
What is the term of the lease?
This is the time period you and the property owner agree that you can reside in the residential or commercial property, and you will pay rent. The majority of the time the term is for one year, but it can be less or more if both you and the property owner agree. When this term is over, you and the proprietor can sign a new lease-if you both agree-and start all over. Or, you can leave the residential or commercial property.
What are the things the property manager is accountable for?
Mainly, the property manager is accountable for ensuring the residential or commercial property is fit to live in and standard things work. Most repairs are normally the duty, specifically larger things like the heating system, warm water heating unit, a/c unit, stove, refrigerator, dishwashing machine, etc. Make certain the lease has either the proprietor's or residential or commercial property supervisor's contact information-telephone number, e-mail address, etc.-and how to get in touch with the property owner or residential or commercial property manager in an emergency situation.
What are the main things the renter is accountable for?
You are needed to 1) pay rent and 2) keep the residential or commercial property in great condition. Any other duties will be listed in the lease. Sometimes the tenant is accountable for minor repairs and the landlord is accountable for major repairs. Ensure you know what repair work you are accountable for before you sign the lease. The tenant is likewise responsible to pay for any damages that they, or any of their visitors, cause.
What is a security deposit?
This is money that you offer the landlord to keep in case you stop working to pay rent or if you damage the residential or commercial property. The down payment is your money. If you do whatever that the lease says you are required to do (most of the times, stay for the complete regard to the lease, pay your rent, and don't damage the residential or commercial property) then you must get your down payment back at the end of the lease. This must take place within 1 month after the lease has actually ended, or 60 days if that's what the lease states, however it can never ever be more than 60 days after the lease has ended. The proprietor needs to provide you a composed statement that shows any deductions from the security deposit, and why it was subtracted. Together with this statement, the landlord must give you any cash that is due to you. If you do not agree with the part of your down payment that was kept by the proprietor, you can go to small claims court and have a judge decide. You can get more details about little claims court from the county in which you live. Also, see the resources listed below for more help.
What am I expected to pay before relocating?
Most of the time you will be required to pay the first month's lease plus a security deposit, which is usually equivalent to one month's rent. Sometimes it can be more. Also, if you are relocating the middle of a month, you may be required to pay rent for the part of the month you will be residing in the residential or commercial property. For example, let's say the rent is $1,500 per month and you are moving in on the 1st of the month. You will pay the first month's lease, $1,500, plus the down payment, $1,500, for an overall of $3,000. But if you move in on the 20th of the month, you will probably need to pay $500 for the 10 days of the current month (1/3 of a month), plus the $3,000 described above.
What else do I need to pay each month besides rent?
Rent may not be all that you have to pay. Usually, most utilities-electricity, natural gas, water, web, cable television TV-are paid by you. Everything that you are accountable to spend for will be noted in the lease. Sometimes, some energies are included in the rent, but many of the time they are not, and you are needed to pay them. Make sure you understand whatever that you are needed to spend for before you sign the lease.
Is the lease flexible?
Many items in the lease are flexible and can be changed if you and the landlord both agree. The 2 most typical things that individuals attempt to work out are the term and the rent. Let's say the landlord desires a tenant for one year, but you only desire to remain for 6 months. The term will be decided by what you both accept. Same with the lease. Remember, both you and the property owner must concur.
How should I communicate with the property owner or residential or commercial property supervisor?
Try to communicate with your property owner in writing when possible (email, etc) Of course, you can call, but try to follow that with an e-mail to verify what was stated. If it is a crucial matter, you ought to send a letter by qualified mail. In an emergency, call the emergency situation number that ought to be in your lease. If that number is not in your lease, ask for it before you relocate.
How do I submit a complaint on a residential or commercial property manager?
You can submit a grievance versus a residential or commercial property manager with the Division of Real Estate.
Filing a Complaint
Can the landlord or residential or commercial property manager check out the residential or commercial property while you are living there?
Your property manager or residential or commercial property supervisor may want to visit the residential or commercial property from time to time to examine its condition, however the property manager or residential or commercial property manager can not simply come over whenever they desire (an exception is if there is an emergency situation). They need to give you sensible notification or get your authorization, and it should be at an affordable time. Check your lease contract concerning this notification and the landlord's right to go into the residential or commercial property. Once you lease the residential or commercial property from the property manager, it is your home for the regard to the lease, and you have a right to personal privacy.
Can I be charged a late fee if my rent payment is late?
Yes, just if your lease payment is late by 7 or more days and the late cost is mentioned in your lease. You should receive notification of the late cost within 180 days of the date on which your lease payment was due. Late charges charged by property managers and residential or commercial property managers are restricted to the greater of $50 or 5% of the past due rent payment.
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Can I be forced out from the residential or commercial property?
An expulsion is a legal process that a landlord should go through to remove you from the residential or commercial property. This process is usually used when a renter violates several lease terms, for example, stopping working to pay rent, not leaving the residential or commercial property after the lease term ends, allowing people who aren't on the lease to remain in the residential or commercial property, or conducting illegal activity on the residential or commercial property. For information on your rights if you are being forced out, see the resources listed below.
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