It depends upon the circumstances. If a tenant has requested and received landlord permission for an extended stay by a guest, then generally the guest would not be considered a resident. If the guest starts behaving like a tenant, i.e., living at the property, a landlord may have just acquired a new resident unless he […]

A lease agreement should include a clause that limits the use and occupancy of a rental unit. This lease clause helps protect the landlord if a tenant tries to move in a family member or friend as a permanent resident. As generally written, the clause identifies the rental unit as the private residence of the […]

Compliant employment screening policies protect the organization from liability exposure in the hiring and retention of employees. In changing regulatory environments, new rules and practices require employers to prioritize due diligence in keeping employment screening practices up-to-date including types of data that can be collected, the limitations and restrictions on data usage, and safeguarding employee […]

A tenant may want to move out early and ask his landlord to accept a substitute tenant in his place. What options does the landlord have to accept or deny the request? Most lease agreements have a clause that prohibits sub-leasing or assignment of the lease to someone new without the express written consent of […]

Yes, if the pool is restricted to the private use of apartment residents and their guests, then provisions regarding reasonable accommodations of the Fair Housing Act (FHA) apply. Under the FHA a person with a disability may use an assistance animal in all areas of the premises where persons are normally allowed to go. The […]

A landlord’s pet policies and pet restrictions cannot be used to deny or limit housing opportunities to persons with disabilities who require the use of an assistance animal because of their disability. The details of the specific circumstances of the tenant’s request will be the determining factor whether to accept or deny a reasonable accommodation […]

The Department of Housing and Urban Development (HUD) “Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs” may provide guidance to landlords regarding reasonable accommodations to persons with disabilities who require assistance animals. Landlords do have certain legal obligations under the Fair Housing Act (FHA), and the Americans […]

Depending upon local rental market conditions, the landlord’s rental policies, and the desirability of rental units being offered, short-term leases may be good business for some independent landlords. Short-term leases, typically a term less than six months, may be particularly beneficial in markets where the supply of rental housing is limited but the demand for […]

By law in most states, the current owner is responsible for the deposit even if not given credit for the amount at close of escrow. If there was in fact a deposit you will have to fund any part of it being returned. It would then be up to you to attempt to collect the […]

When purchasing an occupied property, the buyer has a risk of potential material lease defaults from the existing tenants. The inherited tenants were qualified and selected under the seller’s rental standards. Those rental standards may or may not be adequate for the buyer’s business model. Although the buyer will conduct due diligence to determine his […]