Does a month-to-month rental agreement cover issues such as landlord and tenant duties the same as does a fixed-term lease agreement?

December, 2018

The rental agreement between landlord and tenant is a legal contract setting out landlord and tenant responsibilities and obligations in the same manner as does a lease agreement for a fixed-term. The landlord is obligated to offer and maintain housing in a safe and sanitary condition under the implied warranty of habitability. The landlord is […]

If I use a month-to-month rental agreement, are there potential issues I should be aware of?

December, 2018

An important issue is to make sure you understand your state’s landlord-tenant statutes regarding rental agreements, particularly notice requirements to change or terminate a month-to-month tenancy. While some states do not have a state statute on the amount of notice required to change rent or other terms, in general the amount of notice that a […]

What are some advantages of utilizing a month-to-month rental agreement? What about downsides?

December, 2018

Offering a month-to-month rental agreement can be advantageous for a landlord in certain circumstances depending upon the landlord’s business plan, area market conditions, and tolerance for risk. A month-to-month tenancy is automatically renewed each month unless the landlord or tenant gives the other party the proper amount of written notice, typically 30 days, to terminate […]

Security Deposit Protection

November, 2018

Some landlords may assume collecting a security deposit is all the protection a landlord needs against tenant rent default and property damages. A landlord in developing his security deposit policy will need to determine how much financial protection is really necessary for his business and assess whether a security deposit can actually provide that level […]

Lease Renewal

October, 2018

Finding a good tenant is a challenge. Keeping a good tenant is a sign of good business. Tenant turnover is expensive and time consuming. There is no guarantee the replacement tenant will be equal to or better than the outgoing tenant. There is every potential that a new tenant can be a problem tenant once […]

Winter-Proof Your Rental Properties

October, 2018

Fall property inspections are a best practice to prepare rental properties for winter weather conditions. Experienced landlords know that preventative actions taken well in advance of the first winter storm can save on costly property repairs resulting from winter rain, snow, and ice conditions. A landlord has the obligation to keep the rental premise fit […]

The lease signing and inspection walk-through with the new tenant is scheduled for this weekend. She notified me today (Wednesday) that she is having problems coming up with enough money for the security deposit and the first month’s rent. She wants me to let her pay the deposit in installments after she moves in. Is this something I should worry about?

October, 2018

It is not unusual that a selected applicant informs a landlord at the time when security deposit and rent are to be paid that he/she is short some of the funds due. What you can do may depend upon whether the issue is regulated by your state’s landlord-tenant statutes, local ordinances, and the terms and […]

Regarding a tenant’s notice of early termination of the lease, does a landlord have the option to work with the tenant to settle the matter?

October, 2018

When a tenant needs to break the lease due to unexpected circumstances – as examples, employment transfer to a distant location, financial difficulty due to medical expenses, or employment termination – none of which allows the tenant to break the lease – the landlord and tenant are free to negotiate a termination that is acceptable […]

If a tenant moves in after signing a one year lease and paying the security deposit and first month’s rent, but now wants to vacate the premises a week later, is he entitled to a refund of any of the security deposit or first month’s rent? He has given no reason why he wants to move out.

October, 2018

A lease is a contract. Both signatories to the lease agreement, landlord and tenant, signed a binding contract that stated terms acceptable to both at the time the document was executed. Neither the landlord nor the tenant can unilaterally terminate the lease during the specified lease term without potential penalties. Both landlord and the tenant […]

My tenant wants to extend her lease for another year. The only item on the old lease that will change is the lease term. Do I have to enter into a new lease, or can I do a short amendment for the existing lease?

October, 2018

When changes are being made to a lease you can always either amend the existing lease agreement or create a new lease. If the number and complexity of changes being made would be significant relative to the overall terms and conditions of the lease, it is usually best to create a new lease document. Many […]