Guides on Landlord or tenant

Properties covered by the Philadelphia Lead Paint Disclosure and Certification Law The above mentioned law covers residential rental properties built before 1978 and residential tenancies which began after December 21, 2012 and units with children six(6) years or younger. Assuming all three of these conditions exist, a Philadelphia residential landlord must have that unit inspected and certified as lead free or lead safe. Said certifications must be issued by certified, licensed lead professionals. Landlords can locate their own licensed lead professionals, but as a courtesy, the City of Philadelphia provides a site Landlords can access to try and locate certified lead professionals. The site is www.phila.gov/health/leadlaw. Failure to comply with the Philadelphia Lead Paint Disclosure and Certification Law Landlords who fail to comply with Title 6, Section 6-800 et seq of the Philadelphia Health Code can be sanctioned with serious penalties. Section 6-809 provides various remedies available to tenants covered by this law. Said remedies include, but are not limited to: Title 6, Section 6-809 (3) (d) : " abatement and refund of rent for any period in which the lessee occupies the property without a certification having been obtained..." If a tenant lives in a covered property, the tenant may sue for a refund of rentals paid during the time the property was not inspected and certified as lead free or lead safe. That is not to say all tenants would automatically be owed a rental refund as the Trial Judge would need to review the evidence and decide if relief is warranted in that individual case. Philadelphia Landlords and Tenant should consult with Landlord and Tenant counsel before pursuing a course of action under the Lead Paint Disclosure Law.

1. Security Deposit Before we get into security deposit itemization and inspection rights, let*s quickly differentiate a security deposit vs. a rent payment. and how they should be handled by the landlord. Rent payments belong to the landlord. On the other hand, a security deposit is the tenant*s property. Any monies paid as *security* must be held by the landlord for the tenant. Civil Code * 1950.5(d). It is a violation of the civil code for a landlord to use the security deposit as they please or to retain the deposits when tenants vacate. So, you are probably wondering if the security deposit is the tenant*s property, how can the landlord use the security deposit? According to Civil Code * 1950.5(e),(b)(1), a landlord may withhold part or all of the security deposit to cure a default in rent. This means, if you did not make all your rent payments in full during your lease, the landlord may keep a portion and/or all your security deposit to make up for the missed rent. Another avenue landlords can claim to withhold some and/or all of the deposit is to repair damages to the premises. This is one of the biggest issues when a tenant is vacating. What does *damage* mean? Well, damage in this sense means anything beyond ordinary wear and tear that can be attributed to the tenants or any of his/her guests. For example, the landlord may not withhold a security deposit for a window that was broken before moving in that is still broken upon move out. Civil Code * 1950.5(e),(b)(2). Other than the *damage* issue there is always a dispute if cleaning charges can be deducted from a security deposit. According to Civil Code * 1950.5(e),(b)(3), a landlord has a right to deduct money from the deposit to return the unit to the same level of cleanliness it was at the inception of the tenancy. This is obviously an objective standard, meaning that if the landlord says the unit is not as clean as when you moved out as when you moved in, they can deduct money from the deposit. It is a good rule of thumb to know this going into a lease, and calculate a *cleaning fee* being deducted from your deposit. 2. Inspection and Itemization According to state law, a landlord must provide a tenant with written notice of his/her rights to request an initial inspection and to be present during the inspection under Civil Code * 1950.5(f)(1). It must be noted, this does not apply when the tenancy is terminated pursuant to a three-day notice for nonpayment of rent, or breach of other lease terms. The initial inspection*s purpose is to afford a tenant the opportunity to *remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.* Civil Code * 1950.5(f)(1),(3). If the tenant requests an initial inspection, then it must take place no earlier than two weeks before the termination or end of the lease, and before the final inspection. The landlord and tenant must attempt to schedule the initial inspection at a *mutually acceptable date and time.* Civil Code * 1950.5(f)(1). Usually, the landlord must give 48 hours written notice to the tenant of the date and time of the initial inspection. The 48-hour notice can be waived by the tenant and landlord by both parties signing a written waiver. Civil Code * 1950(f)(1). After the initial inspection takes place, and based on the landlord*s finding, the landlord must provide the tenant with an itemized statement specifying the repairs and/or cleaning that is proposed to be the basis of any deduction. Civil Code 1950.5(b)(1)-(4). The itemized statement must also include the text from Civil Code 1950.5(b)(1)-(4). If the tenant is present during the initial inspection then the itemization statement must be given directly to the tenant. If the tenant is not present, then it must be left in the unit when the landlord has completed the inspection. Following the initial inspection and issuance of the itemization statement, the tenant *shall have the opportunity* to fix the identified deficiencies *in a manner consistent with the rights and obligations of the parties under the rental agreement.* Civil Code * 1950.5(f)(3). The tenant must be afforded this opportunity in order to avoid deductions from the security deposit. 3. Security Deposit Itemization and Service of Itemization So, the initial inspection took place, you vacated the property, and you are awaiting your security deposit refund. Did you know that there are legal standards that the landlord must abide by when issuing the check and final itemization? According to the Cal.Civ.*1950.5, no later than 21 calendar days after a tenant*s vacancy the landlord must do the following: 1. Provide the tenant, by personal delivery or postage prepaid first-class mail, with a copy of an itemized statement indicating the basis for and amount of any security deposit received and the disposition of that security; and 2. Return to the tenant *any remaining portion of the security*, Cal.Civ.C. * 1950.5(g)(1). If, after receiving the final itemization and your refund, you believe the landlord deducted an unreasonable amount of money, then you do have recourse. According to Civil Code * 1950.5(j), the landlord has the burden to prove that the deductions are reasonable. Additionally, along with the itemization statement the landlord must include copies of documents showing charges incurred and deducted by the landlord to repair and/or clean. Civil Code * 1950.5(g)(2). Please note, that there are different standards for different types of work, please contact our office if you would like more information. 4. Conclusion Please remember that you as a tenant have a number of rights and landlords have duties they must obey. You will notice that this article does not address the possible consequences if/when a landlord violates the civil code. This will be a topic for a different article. Moving is stressful enough, the last thing you need to worry about is being wronged by a landlord. Let us handle the paperwork and you can worry if the couch and area rug look good together. All information provided in this article is for educational purposes only, and does not constitute legal advice. Each situation is dependent on the specific facts and must be evaluated on a case-by-case basis.

In the Beginning First and foremost, it is important to remember that both Landlords and Tenants (owners and renters) have rights. For the most part, a landlord has the right to expect rent to be paid on a timely basis, which usually means at least once a month on an agreed upon date. Tenants have a right to live in that property free from unidentified health and safety concerns and free from unwarranted interruptions by the landlord. The problem most often boils down to the payment of rent, which will be the first question asked by the judge if this goes to court. If you are not paying rent then you better bring a really good excuse that has something to do with the property because the *economy* will not be enough. On the other side, if your tenant is timely paying rent then you better bring a good reason for trying to remove them because the judge will listen to their side of the story. Types of Eviction Cases There are two main types of residential rental cases: Rent and Possession and Unlawful Detainer. More complicated cases may be tried under various case types including breach of contract, eminent domain, declaratory judgment and even trespass. In this post, I will attempt to describe the typical rent and possession case type and touch on unlawful detainer. Stop by my office for a copy of the Missouri Attorney General*s handbook called Landlord-Tenant Law: The Rights and Responsibilities of Landlords and Tenants, or go online to get a copy today. Contract is Key Landlords and Tenants have rights described in the contract and often other rights not in the contract that are provided by common law, statutes or case law. The best way to know what is expected is by reviewing your contract and keeping the pathways of communication open between you and the other side. A typical contract would include when, where, how, and how much to pay, as well as length of the lease. These terms seem to speak to the rights of the landlord more than the tenant when in fact knowing that you must pay $500 a month on the first of each month to the apartment complex office for the next 12 months means that the landlord cannot raise your rent until this portion of the lease is over, under normal circumstances. To avoid future disputes, it is best that both the landlord and the tenant keep track of any agreements that are not in the original contract by putting them in writing and both parties signing it. The 5 Ws Many of you were probably hoping I would come out and tell you whether you can kick out your tenant for letting a girlfriend/boyfriend move in who is not on the lease, or whether you can stop paying rent until the landlord fixes toilet. Unfortunately, specific questions like those require an in-depth analysis of each issue and the facts surrounding them. The best course of action is to consult an attorney before you do it, because the answer could be yes, or no, depending on your specific facts and your action, or failure to act, could get you sued. If you are a landlord and want some *non-legal* advice, you should consider joining a landlord association. In Webster County contact Doris McFarland (417) 839-5759 or in Springfield go to: http://www.springfieldhousing.net/ If you are a tenant, you should make yourself more familiar with the Missouri Attorney General*s website, http://ago.mo.gov or the U.S. Department of Housing and Urban Development (HUD) website, http://portal.hud.gov/hudportal/HUD?src=/states/missouri/renting/tenantrights. Knowing your rights and responsibilities will protect you in the long run. Whether you are suing your landlord or you are being sued, your case begins with the filing of a petition and some sort of notice to the other party that they are being sued. If you are suing your landlord then you will find a plethora of options you must wade through * which theories of law apply such as breach of contract, unjust enrichment; which remedies apply, for example, do you want out of your contract or do you want to force your landlord to do something you believe is covered, or should have been covered in the contract; and, then how much money is at stake. Legal Case If you are suing for, or being sued for, possession (eviction) specific rules apply, which are set out in detail in chapters 534 & 535 of the Missouri Revised Statutes. These rules provide for an expedited court date but separate out possession and judgment for rent based on type of notice actually given. For example, the court is required to set the initial hearing date within 21 days. To be lawful, service of this petition on the renter must be done at least 4 days prior to the court date. It can also be posted on the door of the rented room or structure and mailed, but this must be done at least 10 days before the court date. If the renter does not appear, or contact the court to reschedule, the court can issue a default judgment against them for possession and/or unpaid rent, plus interest. If the landlord does not appear, or contact the court, but the renter does, the judge can dismiss the action for want of prosecution. Communication Your best avenue to handling a case is to remember, good communication between you and the other party may resolve these issues without going to court, and settlement is always an option. Before we discuss the end, let us go back to the beginning for a second. The only win-win situation in a lease or purchase agreement is communication. There are no real winners in a rent and possession, or unlawful detainer action. A landlord only truly wins if the property is continually rented and minimal repairs and updates are required. On the other hand, the renter/purchaser, only wins if they can remain in possession of the property with minimal interruption and minimal inflation of the property price. That being said, in the scenario we have been exploring, the landlord and tenant ended up in court and a judgment has been issued because they did not reach a settlement among themselves. I will reiterate that parties can settle at any time, even up to 30 days after a judgment is entered. The End Game If you are the tenant, and you won, you now have a dilemma. On the one hand, you could gloat because you really showed that landlord how smart you and/or your attorney are and beat him/her and/or his/her attorney down in court. You can stay on the property and the landlord must comply with the judge*s order. Unfortunately, there is always a next time. Once communications have deteriorated so far that you had to sue the landlord in court future communications might be even more difficult. And, then there is the issue of the renewal of your contract which will no longer be a pleasant experience. On the other hand, you can leave, but do not expect a glowing referral. All of that time making payments on time and being a *good* tenant was just wiped away. It is for these reasons that we strongly recommend both communication up front and if a law suit is initiated. Giving a little (compromise) can go a long way to future happiness. If you are the landlord, you have similar problems. Obviously, if the tenant is not paying then they serve no purpose to you as a business person. But, if it is a dispute over anything else other than rent payment, then communication and settlement can go a long way to being successful. As you must already know, every time you re-let the property you have to change locks, paint, clean or replace the carpet and even spray for bugs which eats into your pocketbook. And, if you are dispossessing the tenant then you have to worry about the damage they may do either to the property or to the peace among your other tenants in the 10 days they have to move out.

Doing the Relationship A working, healthy tenant-landlord relationship depends on honest, direct communication, and a focus on mutual concerns and interests. It must be nurtured to thrive. Even when relations are poor, respectful and clear communication practices can resolve problems and avoid crisis. Whether you are a tenant or landlord, these steps will help you develop a constructive relationship and protect yourself at the same time: Connect - Take your tenant or landlord to coffee. Have a conversation with no agenda. Ask about them. Tell them about yourself. You are in a business relationship, and it depends on some personal connection. Report - if you have a problem, communicate appropriately. Whether it is a leaking roof or chronic late rent payments, first call the responsible party. Then send an email confirming the conversation and what actions each of you will take. If the problem is serious, print out the email and deliver it in person or by mail. Legal Notices - Some things (not all of them bad) require special handling. A legal notice must be in writing (ink on paper) and either personally delivered or sent in a manner defined by the lease or local law. If landlord has not fixed a leaky roof, or if tenant ignores requests to pay rent on time, always send or deliver a communication following the legal notice rules. Keep It Cheerful - No matter how you feel, written communications should be polite and professional. If you end up in small claims court for some reason, the judge will notice the positive tone. Avoid text messages - texting is a great way to make a coffee date, to confirm that the plumber is on the way, or that the check really, really is in the mail. However texts should NEVER be used to communicate important or complicated messages. Put the Relationship in Writing Never, ever rent real estate without a written agreement. If you have paid for a hotel room, you've signed a contract covering hours or days. The greater the asset value, the more complicated the purpose for renting it, the longer the planned duration of the relationship, the more important it becomes to express details in writing. Do so at the very beginning, in order to establish the relationship and chart its course. Landlords - Invest in a lease document provided by a professional resource. It should be customized for your property. Clarity on business terms is every bit as important as legal points. Get help from an attorney who has experience leasing and managing real estate. Tenants - Read what you sign, and get help understanding what you read. Invest in an attorney review, or access the abundance of tenant resources available online, including through Avvo. Dispute Resolution Make sure your lease contains a mediation provision. Not arbitration - never agree to mandatory arbitration ahead of a controversy. Doing so limits your ability to negotiate. Mediation, on the other hand, is voluntary, confidential, and the parties determine the outcome. Often a neutral third party (the mediator) can help parties restore a working relationship, even when anger and fear makes that seem impossible. Housing and other leasing disputes manifest in concrete ways - a roof leaks, a resident cannot pay rent, people are disrespecting one another. These problems often point to chronic relational conflict. The best remedy to such conflict is to establish constructive dialogue about mutual concerns and interests, rather than debate rights and the law. Mediation can do that - swiftly, flexibly, and affordably.

Evictions Under Utah Law If you have a noncompliant tenant, Utah law requires you to begin the eviction process by serving an eviction notice which notifies the tenant of why they're being evicted. The most comment eviction notices under Utah law are for nonpayment or rent, lease violations, 15/30 day lease termination, nuisance, criminal act, waste (damage to property), etc. A landlord cannot file an eviction with the court unless an eviction notice is given first. Visit our website for a complete list of all of our eviction notices * https://www.utahevictionlaw.com/free-utah-eviction-and-rental-forms/. Selecting the correct eviction notice is critical because it forms the foundation of the eviction. Utah law allows for multiple eviction notices. If the tenants have caused multiple violations, the landlord should serve multiple notices that apply to the situation. This provides the landlord with a stronger eviction case because it provides multiple grounds for eviction. The landlord doesn*t have to prove ALL of the notices, we only have to prove one notice to justify the eviction. Serving an eviction notice can be done in one of four ways: (1) personal service to the tenant, (2) substitute service to the property by giving it to *a person of suitable age and discretion*, (3) posted on the property if no one can be found, or (4) mailing (via certified or registered mail or their equivalent). Once the notice is served, the tenant has three calendar days to comply with the notice. If they fail to comply, now you*re ready and eligible to file an eviction with the court. Failing to provide proper notice to a tenant can easily result in a judge dismissing your entire eviction. Timeline and Process Our motto is "Evictions in Weeks, NOT Months!". For every eviction we handle, our goal is to work through the case within 2-3 weeks from the time we file with the court until the tenant is out of the property. Civil lawsuits in Utah*s District Court often take months or years before a judge renders a decision. If forced to wait through the regular timelines, landlords would often face default on their mortgage which may result in foreclosure. In order to avoid this result, and to provide landlords with relief from dead-beat tenants, Utah law provides landlords several significant opportunities to speed up the eviction process and have a judge review the case. If done properly, evictions can typically be resolved within days or weeks as opposed to months or years. Benjamin Franklin once said, *An ounce of prevention is worth a pound of cure.* This is certainly true when dealing with evictions. A good eviction attorney can prevent potential problems with your eviction case and can often evict a tenant faster.

Background Tenants sometimes have a bad landlord - a critical part of the rental unit isn't fixed (heat or air conditioner not working, roof leak, mold, leaking pipes, etc.). Unless the tenant has a 'month to month' lease, they can't just 'break the lease' and move. They have to give the landlord an opportunity to fix the problem. If the landlord doesn't, then the tenant can pay rent to the General District Court and a judge will review the situation. This guide covers when and how to do that. When is a Tenant Assertion justified? A Tenant Assertion is justified when the landlord is failing to supply a critical part of what the tenant is paying for. Examples include no heat, no hot water, no air conditioning, broken refrigerator (where included in lease) serious leaks, mold, unsafe conditions (hole in floor, no stair safety rail, etc) so that it is difficult to 'enjoy' living in the unit. NOT justified is small stuff that is annoying but does not affect the livability or safety of the rental unit. Slowly dripping faucet, squeaky floor, loose handle on a drawer, etc. Tenant assertions are covered in the Virginia Residential Landlord Tenant Act, which starts at 55-248.2 The specific section dealing with tenant assertions is 55-248.27 It*s available on the internet https://law.lis.virginia.gov/vacode/title55/chapter13.2/section55-248.2/, and you need to read it carefully. Read your lease - and read it again The first thing you do is read your lease. Read it carefully, word for word. Here are some things to look for: Who is the owner? Many rental units have a property management company * they*re NOT the owner, they*re just the agent of the owner. If it*s a property management company, look at the lease to see if they have authority to receive service of process below) on behalf of the owner. Even if they do, I recommend serving the owner anyhow. Who is responsible for repairs and maintenance? In some leases * usually for single family houses * require the tenant to make certain repairs and perform some maintenance chores. Replacing the furnace filter is an example of one of them. 0 Attorneys fees: who pays attorneys fees? Many leases have the tenant pay the landlord*s attorneys fees if the tenant files * and loses * a tenant assertion. Make sure your problem is worth this risk. Are you doing anything that violates the terms of the lease? Did that contribute to your problem? If so, think carefully before doing anything. What notice is required to the Landlord? A landlord has to have *reasonable* notice that something is wrong before you file an assertion. You have to be able to prove that you gave notice and your attempts to get the landlord to fix the problem. What is *reasonable notice* is subjective and depends on the circumstances. A broken furnace in January is very important and a couple of days notice is all that*s required IF the landlord isn*t doing anything about it. (a good landlord will tell you exactly what*s happening; using the example of broken furnace, it could happen during a time when a lot of other furnaces failed and the repair people are too busy to get to you immediately * it may be an extra day or two). On the other hand, a broken stove isn*t as critical so a week * or two * to fix or replace it is reasonable. If you were the landlord, how long would you take to fix the problem? Keep track (in writing) of the dates and methods you contacted the landlord about the problem and the response. A telephone call is good for the first notice; so is a text. If nothing happens send an email or hand deliver a written notice (keep copies of course) about the issue. Depending on how critical the problem is, you may want to do it again Where, Who, and how to sue In Virginia Suit is filed in the General District Court for the city or county where the property is located. Don*t use the *post office* locality as some counties use the name of the nearby city for mail. Find out where the property is actually located. The owner is sued. Not the management company. Not the manager. Sue The owner. The other people are agents of the owner and even if they messed up, the owner is responsible for what they did or didn*t do. The owner*s name should be on the lease itself; you can also find out by calling the local government and asking (in Virginia, it*s usually the Commissioner of the Revenue who can tell you). If your locality has a good *GIS* (mapping) system you can find it there. The owner has to receive notice of the suit; this is usually done by the sheriff, and you have to tell the sheriff where to find the owner. If the owner is an individual, they (usually) get served at their home. If the owner is a corporation or LLC, you*ll have to serve either their *Registered Agent* or an officer of the corporation. Usually serving the *Registered Agent* is easier. In Virginia you find that by going to the State Corporation Commission website, go to the Clerk*s Office>Existing business>entity search>search all entities and then enter your owner*s correct name (see above). Here*s a shortcut to that last page: https://cisiweb.scc.virginia.gov/z_container.aspx In addition to service of the papers by the sheriff, you should mail (first class is fine) a copy to the same address you*re asking the sheriff to serve the papers. Getting ready for court First, when you file the suit, ask the clerk what they can tell you about how they do stuff in that court. It*s different all over Virginia and knowing in advance how they do things in that court will help a lot. Some courts try the case on the *return date* (the day the clerk tells you it is set) Other courts schedule *contested cases* for a different date; some do both. Prepare for court * even before you file suit, get prepared. You want copies of ALL correspondence (including emails and texts) put together in an organized fashion (usually by date). Most courts won*t let you take your cell phone in with you, so PRINT EVERYTHING ON PAPER. And make a bunch of copies * one for the judge, one for you, one for the owner of the property (they have the right to see everything you give the judge). Label each picture; draw a diagram of your apartment and show where each picture was taken. List, by date, and Total up the money you*ve lost and want the court to give back, have receipts for everything (including proof you paid rent). Prepare, prepare, prepare, and prepare again. There are people who have seen what you*re complaining about. They are witnesses. If you want to make sure they appear (a promise is easily broken) get a subpoena issued by the court at least three weeks before the hearing (the clerk will help). Tell your witness that*s in case they*re sick that day you can get the case continued. Without a subpoena the court won*t continue a case if your witness doesn*t show up. Without a witness your chances of winning are hurt. Trial At the hearing you*ll go first. HAVE A WRITTEN OUTLINE. Tell the story step by step * when you looked at the property, when you signed the lease (and introduce a copy at that time). Talk about the problems * what they are and when they started * and when, and how, you told the owner about them. (introduce your emails, texts and pictures as you do this). When you*ve finished the owner (or his lawyer) and the judge will have questions. Answer them truthfully, even if the truth doesn*t help you. When you*re finished telling your story, you then call your witnesses. They probably won*t be in the courtroom, so they won*t know what you*ve said. Ask them questions step by step: if they*ve been in your rental unit, did they notice a particular problem, is (picture) show that problem, etc. If they heard you and the owner talk, they might be able to recount what they heard (there*s a complicated *hearsay* issue, but try anyhow). When you finish asking questions, the owner and judge can then ask. When you*ve finished your evidence, the owner has a chance; you can ask the owner and his witnesses questions, as can the judge. If you feel like the case is going REAL bad, and you*re totally lost and can*t figure out what*s going on, you have ONE chance at a *do over* * it*s called a Non Suit. Just say, *Judge, I apologize, but I*m so lost right now I think I*d like a Non-Suit*. Yes, the judge might be irritated; for sure the Owner will be. But is you feel the case is so out of control you want to start over, you have that right. But only ONCE. After all testimony and exhibits have been given to the judge, the judge may ask for a summary. THANK the judge for their time (maybe thank the Owner for their courtesy in the hearing if they have been nice) and then give a quick overview of the evidence you*ve provided, and ask for what you want the judge to do. You can ask for the lease to be ended, to get your money back, to get paid damages you suffered because the owner failed to do something they should have. And you can ask for all of them * just be sure to ask and itemize what you want. The judge will usually give a decision on the spot; have some paper so you can write anything down, but you can also get a copy of the court*s decision from the clerk. After the hearing is over, if you won you may have to try to collect your money; if you lost you have the right to appeal. (the owner can appeal it also). Those items are beyond the scope of this outline. PAYMENT OF RENT DURING THE CASE This is an edit after the original outline was posted. A tenant assertion lets you pay your rent to the court until the case is decided. THE LAW DOES NOT LET YOU WITHHOLD PAYING RENT. By paying it to the court, you show good faith that you can and will pay the rent, but it keeps the landlord from getting it until the judge has decided the case. The neat part about this is that the judge can give you some, or all, of the rent back if the landlord or the problem was really that bad, and the landlord can't evict you for non-payment of rent.

Step 1: The 30-Day Notice Ohio law requires that a landlord fulfill their obligation to repair and maintain the premises once the tenant gives them notice that a problem exists. 30 days is considered to be a reasonable amount of time to fix most problems and courts will typically err on the side of caution by requiring tenants to wait 30 days after notifying their landlord of the issue. What this means for you is that you should send notice of the problem to the landlord by certified mail. The letter should explain the problem you are experiencing, followed by a request that the problem be fixed within the next 30 days. The letter should also alert the landlord that if the problems persists beyond 30 days then you will be escrowing your rent with the local municipal court. Be sure to double-check which court has proper jurisdiction. Sending the letter by certified mail gives you the ability to track and prove when the letter was received. Step 2: Escrow with the Clerk If you have sent your letter and nothing has happened after the 30 days are up, then it is time to head to the court and escrow your rent. You will need a copy of the letter you sent, your rent payment, and a complaint. Most municipal courts have what is known as "pro se" forms that you can use for your complaint. Simply fill it out and turn it in with the letter and rent payment. If you are hesitant about anything simply speak with the clerk and they will usually make sure that you have all the necessary documents. The clerk can't give you legal advice but they can make sure that you have submitted all of the correct paperwork. Step 3: The Hearing Once you have submitted everything to the clerk of court your landlord will receive notice that the rent has been escrowed. The court will set a hearing where the landlord will have to show proof that the issue has been resolved. In between escrowing your rent and the hearing you will need to keep track of everything that your landlord does to fix the problem. If the problem still exists you will have to be able to show that the landlord hasn't fixed it. Whatever happens, you absolutely can not interfere with your landlord's attempts to fix the problem. Step 4: Release of Rent, Abatement, and Termination. At the hearing, the court will have three options on how to handle the problem. If the problem has been fixed then the court can order the release of the rent back to the landlord. If the problem is not fixed then the court could order a rent "abatement," which is a reduction in the amount of rent paid based on the loss of use of parts of the premises. In extreme cases, the court could terminate the rental agreement. This terminates the tenancy and if this is the option you are pursuing then you have to make sure you have a plan on how to vacate the premises. Step 5: Eviction Defense If you have successfully escrowed your rent and your landlord threatens to evict you then you need to document it as it is a separate violation of Ohio Landlord/Tenant law. While your rent is escrowed with the court it acts a defense to any potential eviction action against you and you will need to make sure that you bring it up should any eviction action get filed by your landlord.

What Type of Tenancy Do I Have? A landlord-tenant relationship generally arises from an agreement in which a property owner (the landlord) gives another person (the tenant) exclusive possession of certain property during an agreed term. In consideration for the right of possession, the tenant agrees to pay rent and comply with any other conditions and covenants of the agreement. First, you should determine what type of tenancy you have. This is important in order to determine the rights, duties, and liabilities of the parties, including the point at which the tenancy may be terminated. The most common types of tenancy are: (1) tenancy defined by time period; (2) tenancy at will; (3) holdover tenancy; and (4) tenancy by sufferance. Generally, a tenancy defined by time period will specify the beginning, duration and ending of the lease agreement. When no specific term is expressed in the lease agreement, but rent must be paid at regularly scheduled times, the tenancy is considered "month-to-month." A tenancy at will exists when a tenant lawfully possesses the landlord's property for an indefinite period of time and for no definite purpose. A holdover tenant is a tenant who continues to possess the landlord's property after expiration or termination of the lease. If the landlord does not consent, continued possession is wrongful and the holdover tenant becomes a tenant at sufferance. In contrast, if the landlord consents, continued possession is lawful and the holdover tenant becomes a tenant at will. I Received a Notice to Vacate. Now What? First, you should review the notice to vacate to determine how much time you are given to vacate the premises? The law requires that a landlord give a tenant in default, a holdover tenant, a tenant at will or a tenant at sufferance a minimum of three (3) days' notice to vacate the property (Tex. Prop. Code * 24.005(a), 24.005(b)). If you are a tenant of a person who acquired possession by forcible entry, then you must received a minimum of three (3) days' notice to vacate (Tex. Prop. Code * 24.005(c)). If you have a written lease, you should always review your lease to determine how much time you and the landlord agreed upon for a notice to vacate the premises. Some written lease agreements require that the landlord provide the tenant with a thirty (30) day written notice to vacate. If, however, the real property was sold by foreclosure and sale, and you are still residing at the property from a prior lease agreement, then a residential tenant who is not in breach of the lease agreement is required to received thirty (30) days written notice to vacate (Tex. Prop. Code * 24.005(b)). Under the federal Protecting Tenants at Foreclosure Act, a "bona fide tenant" of residential property must be given 90 days notice to vacate by a foreclosure purchaser if there is no lease or if there is a lease terminable at will (see Pub. L. No. 111-22, 123 Stat. 1632 (2009) which appears as statutory note to 12 U.S.C. * 5220). If the landlord files an eviction petition before the applicable notice period has expired, a tenant who raises the objection is entitled to possession of the premises due to inadequate notice. If you remain on the premises after the time period in the notice to vacate has expired, the landlord may file an eviction suit against you. In eviction lawsuit is brought to recover possession of real property under Texas Property Code Chapter 24. A justice court in the precinct in which the real property is located has jurisdiction in an eviction suit, which includes both forcible entry and detainer, and forcible detainer suits (Tex. Prop. Code * 24.004(a); see Tex. Civ. Prac. & Rem. Code * 15.084; Tex. R. Civ. P. 510.3(b)). An eviction petition must be filed in precinct where premises is located. Is the Notice to Vacate Deficient? There are no specific requirements under Texas law for the content of a notice to vacate, but it must clearly state the landlord's demand for possession (Tex. Prop. Code * 24.005). If the notice is insufficient under state law, injury or prejudice to the tenant is not required. The notice should be clear as to whether the landlord intends to terminate the lease, or only the tenant's right to possession. If, before giving the tenant a notice to vacate, the landlord gives the tenant a written notice or re-minder that rent is due and unpaid, the landlord may include in the notice to vacate a demand that the tenant pay the delinquent rent or vacate the premises by the date and time stated in the notice (Tex. Prop. Code * 24.005(i)). Review your written lease agreement to determine whether it requires the landlord to give you an opportunity to respond to any alleged violation of the terms of the lease. If the written lease requires the landlord to give you a notice to respond, you must receive such notice prior to receiving a notice to vacate. Tex. Prop. Code * 24.005(e) requires that two separate notices must be provided: (1) notice of termination or proposed eviction, followed by (2) notice to vacate after the response period has closed. Combining the two notices in a single document is therefore necessarily inadequate and will not support eviction. May the Landlord Attach the Notice To My Front Door? The notice to vacate may be given in person or by mail (Tex. Prop. Code * 24.005(f)). Notice in person may be by personal delivery to the tenant or to any person residing at the premises who is at least 16 years old, or by affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail or by registered or certified mail, return receipt requested. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice to vacate on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door (Tex. Prop. Code * 24.005(f)). The notice period does not begin to run until the day the notice is actually delivered [Tex. Prop. Code * 24.005(g)]. Do I Have to Pay the Landlord's Attorney's Fees? A notice to vacate may include a demand for attorney's fees, when appropriate. A landlord who wins an eviction suit is entitled to recover reasonable attorney's fees from the tenant under two circumstances: (1) the written lease so provides, or (2) the landlord sent the tenant a written demand to vacate the premises under Texas Property Code * 24.006(b). The landlord's demand must be sent by registered or certified mail, return receipt requested, at least 10 days before the suit is filed. The demand must state that if the tenant does not vacate the premises before the eleventh day after receipt of the notice and the landlord files suit, the landlord may recover attorney's fees [Tex. Prop. Code * 24.006(a). This demand may be contained in the notice to vacate, or sent separately to the tenant. Pursuant to Texas Property Code * 24.006(c), both the landlord and the tenant have the opportunity to recover attorney's fees. If the landlord prevails in the eviction suit, he/she may recover attorney's fees. If the tenant prevails in the eviction suit, he/she may recover. The tenant is not required to give the landlord notice in order to be entitled to attorney's fees (Tex. Prop. Code * 24.006(c)). Disclaimer This guide is intended for general information only. Each tenant's situation may be different, and a careful review of any written lease agreement is necessary to properly advise a tenant about their rights and duties. Therefore, for legal advice, you should consult an attorney of your choosing. Nothing contained in this guide establishes an attorney-client relationship with the reader and the Law Office of Kathy Roux.

Getting Started Regardless if you are a tenant in good standing or facing eviction or legal action filed by a landlord, always ensure to have a copy of your lease agreement and a receipt of the security deposit. The parties* rights are usually unclear and complicated. In case of a dispute, retain counsel as soon as possible. Duties of the Landlord Landlords must provide tenants with a receipt of the security deposit, which must be included in the lease agreement. Landlords must return the security deposit at the end of the tenancy, except for the costs covering damages due to breach of lease or for damages by the tenant. Lastly, landlords are prohibited from bringing or threatening to bring an action for possession against a tenant, arbitrarily increasing the rent or decreasing the services tenants* entitled services, or terminating a periodic tenancy. Such actions are only allowed when the landlord has provided notice of a good faith complaint about an alleged violation. These duties are paramount. Maryland Courts require landlords to strictly abide to the statutory duties and typically allow tenants to recover threefold the amount charged for security deposits in excess of two months* rent and in cases in which the landlord fails to return the security deposit.

Registering residential rental properties New Jersey residential Landlords must register their rental properties unless the property is owner- occupied two units or less. The requirements to register residential rental properties can be reviewed at N.J.S.A. 46-8:27 - 46:8-37.. Within 30 days following the creation of a tenancy or a newly constructed rental property, the Landlord must file with the Clerk of the Municipality or with such other municipal official as designated by the Clerk a Certificate of Registration on forms prescribed by the Commissioner of Community Affairs. See N.J.S.A. 46:8-28. Section 46:8-28 states that the Certificate must contain the following information: 1. Name and address of the record owner(s) of the premises and record owner or owners of the business if not the same person. A partnership must include the names of all general partners. 2. If a corporation, the certificate of registration must include the name and address of the registered agent and officers of the corporation 3. If the address of the record owner is not in the county where the property is located, certificate of registration must include a name and address of person who resides in county who can accept notices from the tenant, issue receipts and accept service of process. 4. Name and address of managing agent, if any. 5. Name and address of janitor or other maintenance personnel employed by he owner or agent to provide regular maintenance. 6. Name and address of individual representative of owner or managing agent who may contacted in the event of an emergency. 7. Name and address of every holder of a recorded mortgage. 8. If fuel oil is used to heat building and landlord provides heat, the name and address of the fuel oil dealer serving the building and grade of oil used to heat building. Consequences of failure to register property If a residential landlord fails to register the premises, the Landlord is barred from entering judgment for possession in Landlord and Tenant court during the period of non-compliance. The may adjourn a Landlord and Tenant case for up to 90 days to give the Landlord time to register the property and if not registered within that time frame, case shall be dismissed. See N.J.S.A. 46-8-33. Landlords who fail to comply can also be fined not more than $500.00 for each offense. The Attorney General, Municipality where the property is located or any other person may institute a legal proceeding against Landlords who fail to register their property. If a Municipality or other person institutes a suit against the Landlord, any penalties assessed should be remitted by the Court to the Municipality in which the property is located.