
Real Estate FAQ's
II) Leasing
Many states have adopted the Uniform Residential Landlord Tenant Act. This Act governs essentially all aspects of the residential tenancy.
What are typical costs associated with entering into a lease?
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Typical costs associated with entering into a lease include a security deposit and the first and last month’s rent. Other costs, such as association fees (if you are leasing a condo), utility fees and taxes are usually included in the cost of your monthly rent payment. Make sure to verify what your monthly rent payment includes, as well as whether any other recurring payments will be required, prior to signing the lease and providing your landlord any money.
What are typical costs associated with ending a lease?
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Costs associated with ending a lease depend on whether the lease is terminating pursuant to the terms of the lease agreement or before or after the date the term provides. If the lease is ending pursuant to the lease agreement, typically you are entitled to a refund of your security deposit less the cost to landlord to repair any damage or clean the leased premises. State laws vary on how long the landlord has to refund your portion of the security deposit. Ending the lease early may entitle the landlord to early termination penalties, any of which must be set forth in your lease agreement. Remaining in the leased premises after the lease has expired is known as "holding over". Typically, the landlord is entitled to increased rent when a tenant is holding over, and any such amounts should be set forth in your lease agreement.
Can someone refuse to rent to me because I have children?
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Probably not. The general rule is that landlords cannot refuse to rent to someone with children. In general, most landlords cannot discriminate on the basis of race, national origin, sexual preference, and other “protected categories”. Federal, state, and local laws prohibit discrimination, but the laws are different. Contact your local fair housing office, which is usually listed in the government pages of the phone book under Housing or Community Affairs, or get legal advice from an attorney if you have a disagreement (you can almost always call the local bar association for a referral to an attorney or the local legal aid office).
My Landlord didn’t give me a move-in inspection sheet to fill out when I moved in. What should I do?
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Make your own, immediately after you move in. You should always inspect a new apartment or house. Turn on the stove, run water in every sink, flush every toilet, and so on. Write down everything which is broken or damaged. Even if you don’t care if the landlord fixes a particular problem, write it down so you have a record that you didn’t cause the problem. Give a dated copy of the list to your landlord and keep a copy. Honest landlords will understand you are only protecting yourself.
Can my landlord refuse to renew my lease even though I’ve been a good tenant?
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Usually, yes. The general rule is that a landlord can decide to not renew a tenant’s lease, and does not need to give a reason. One exception to the general rule is a written lease that specifically says the landlord must give a reason. Most government-subsidized housing leases require a reason.
Can my landlord give me a notice of termination without a reason?
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Usually, yes, depending on the terms of your lease agreement. If you do not have a written lease agreement, the number of days notice depends on how often you pay rent and may also vary from state to state. Typically, if you pay rent monthly, your landlord must give you at least fifteen (15) days notice before the end of the month; and if you pay weekly, at least seven (7) days notice before the end of a weekly period is required
How do I terminate my lease?
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If your lease is terminating pursuant to its terms, no additional documentation may be necessary but you should always check your lease to be sure. Any agreement to shorten or extend the term of your lease should be set forth in writing and signed by both you and your landlord.


