I signed a lease agreement with a new tenant to begin the first of the month. However after meeting with him, I have second thoughts about whether he is really going to be an okay tenant. I really don’t want him to move in. Is there a law that says I have to let him move in? Can I change my mind and give him back his deposit check?

July, 2019

A signed lease is a legal contract binding all parties to the contract. Unless you could prove the new tenant committed fraud or did not have capacity to enter into a contract, neither you nor the tenant can just change your mind once a lease agreement has been executed by both parties. There is no […]


Tenant Safety

May, 2019

A landlord has a legal responsibility to take reasonable care to protect tenants from foreseeable harm. The landlord’s duty of care extends to protect tenants from third party criminal acts and correspondingly to protect the neighborhood from criminal acts of his tenants. The best way to protect tenants, property and neighbors is to prevent criminal […]


What is an expedited eviction?

May, 2019

An eviction is the legal process of restoring possession of the rental premises to the landlord after properly terminating a tenancy. The legal proceedings can be quite lengthy, taking weeks or even months to formally complete the process in order to allow the tenant his right to due process. Each state has its own procedures […]


If the tenant is late on his rent, how soon can I serve notice?

May, 2019

In most states, you can serve the tenant a Notice to Pay Rent or Quit as early as the day following the rent due date. As example, if the rent is due on the first day of the month, a notice may legally be served on the next day (day two), absent a grace period […]


I have several questions regarding notices to tenants who are late with their rent. What happens if the tenants pay the past due rents during the notice period? I served a tenant with a Pay or Quit Notice but now he has paid the rent within the 3 day notice period. Does the Notice just expire? What would happen if I served a Notice and the tenant only paid part of the rent? Does the tenant still have to move out?

May, 2019

If you serve a tenant a Pay or Quit Notice but then accept the tenant’s payment for the full amount of the rent due for the rental period, you have cancelled the termination notice for that rental period. The tenant will no longer be in lease default. In many states the matter will be considered […]


Housing Discrimination

May, 2019

The annual Fair Housing Trends Report prepared by National Fair Housing Alliance collects and analyzes data on the seven federally protected classes and several of the classes protected by state and local fair housing laws, such as source of income and sexual orientation among others. The analysis of 28,843 reported complaints of housing discrimination in […]


Does a landlord have liability for criminal activity?

May, 2019

A landlord has a legal responsibility to take reasonable care to protect tenants from foreseeable harm. Legal obligations for tenant safety issues may be specified under state statutes, local ordinances, building and housing codes, and case law. The landlord’s duty of care extends to protect tenants from third party criminal acts and correspondingly to protect […]


Is a landlord liable for a tenant’s injury?

May, 2019

A landlord could be held liable for a tenant’s injury that occurred on the rental property if the landlord acted in a negligent manner and the tenant’s injury was caused by the landlord’s negligence. A landlord has the duty of reasonable care to help protect the safety of his tenants. Landlord liability for tenant claims […]


What are some of the ways to help minimize landlord liabilities?

May, 2019

Landlord liability can result from negligence, violation of health and safety laws, failure to repair, failure to maintain the rental premises in a safe and habitable condition, or intentional harm to others and property. Landlord duties and responsibilities regulate property management operations. Failure to perform according to statutes for health, safety, and habitability are breaches […]


Does the Fair Housing Act cover alcoholism under the protected class of disability?

April, 2019

Yes, both the Fair Housing Act and the Americans with Disabilities Act include alcoholism within the definition of handicap (disability). The Fair Housing Act prohibits discrimination on the basis of disability in all types of housing transactions. The Act defines persons with a disability as those individuals with mental or physical impairments that substantially limit […]