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Published byMorgan Robinson Modified over 9 years ago
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Remember that a lease agreement— whether written or oral—is a contract, enforceable by law.
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Read pg. 308 In this Case
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Duty to provide safe and livable premises including common areas Must be in compliance with housing codes
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Receive rent payment To have tenants take care of property in reasonable manner
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1. Pay rent on time; 2. Keep rental property in good condition—reasonable wear and tear excepted. 3. Promptly notify the landlord of maintenance problems; 4. Give written notice of leaving 30-45 days in advance
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Right to use property Right to sublease unless restricted in lease Subleasing: lease property to third person Original tenant still liable
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Reasons: - Not paying rent - Abuse of property - Illegal Drug Activity - Violation of lease provision (having pet when no pet is allowed) Must be taken to court to evict a tenant
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Landlord must give proper eviction notice in writing and allow 24 hrs (drugs), 7 days (payment, physical damages), or 30 days (violation of lease) before taking it to court File paperwork with court Tenant must appear or respond to complaint Court gives out Notice of Eviction to tenant Tenant given 10 days to appeal FROM START TO FINISH— IT CAN TAKE AS FEW AS 27 DAYS OR AS MANY AS 57 DAYS TO EVICT A TENANT!
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If something needs fixed, tenant must notify landlord normally in writing Landlord must be given reasonable time to fix it If landlord does not fix it 1. withhold rent in escrow (3 rd party account) account until landlord does 2. give 3 quotes to landlord for fixing, if they do not fix it, have repair done with cheapest quote and repair should be deducted from your rent
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As soon as you move in fill out check in list detailing any damages to walls, floors, appliances, blinds etc. for EACH ROOM IN DETAIL Must turn in within 30 days Cannot be charged for these damages out of security deposit
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Tenant can receive all security deposit back if no damages beyond normal wear and tear (occasionally minus a cleaning fee) Landlord must mail out check and list of damages within 30 days of moving out Tenant may dispute damages in writing Issue can be settled in mediation or be taken to court
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