| birmingham-tenant-general-information |
|
FAQ #1: What is a lease? FAQ #1: What is a lease? ------------------------------------ A lease is a legal agreement between a landlord and tenant for a defined period of time to be agreed upon by landlord and tenant and should be in writing. The tenant cannot be asked to leave unless he/she breaks the terms of the lease and the rent cannot be raised during the term of the lease unless it is permitted in the agreement. It is required that the tenant receive a copy of the lease within 15 days after signing the lease. ------------------------------------>>back to top<< FAQ #2: What is a rental agreement? ------------------------------------ This rental agreement is not for a set period of time and may be an oral agreement. If it's an oral agreement, there should be a written statement summarizing specific terms of the agreement provided to the tenant within 15 days. The tenant may decide to move or the landlord may ask the tenant to leave. If the tenant decides to move, the tenant must give the landlord 30 days written notice that he/she is moving. If the landlord wants the tenant to leave, he/she must give the tenant 60-day advance written notice (if the tenant has lived in the unit for one year or more) or 30-day advance written notice (if the tenant has lived in the unit for less than one year).
FAQ #3: What other money do I owe besides the rent? >>back to top<< ------------------------------------ The landlord can legally ask for a number of fees, such as a fee to check credit (not to exceed $30) and deposits such as a security deposit, a cleaning deposit, and a key deposit. Tenants should get a written receipt that clearly states the amount and purpose of each deposit and/or fee.
A security or
cleaning deposit may only be used for four (4) things: In addition, tenants should check the condition of the unit very carefully and record any existing damage and ask the landlord to sign and date the inventory. Even if he/she will not sign it, the tenant can mail one copy to the landlord and one copy to the tenant. This copy should be saved in the unopened envelope. If possible, the tenant can take pictures or videos of the condition of the unit at the time of move in. The total of all deposits, not including fees, cannot be more than 2 months rent for an unfurnished unit or 3 months rent for a furnished unit. When the tenant moves out, he/she can request a walk through with the landlord. The walk through must take place no earlier than 2 weeks prior to the end of the tenancy. Once the landlord has performed an inspection of the unit, he/she gives the tenant an itemized statement of needed repairs and cleaning that are the basis for deductions from the security deposit. The landlord can use the deposits only for the purpose indicated in the lease or rental agreement.
------------------------------------>>back
to top<< FAQ #4: How and when do I get my security deposit back? ------------------------------------ When the tenant moves out, he/she can request a walk through with the landlord. The walk through must take place no earlier than 2 weeks prior to the end of the tenancy. Once the landlord has performed an inspection of the unit, he/she gives the tenant an itemized statement of needed repairs and cleaning that are the basis for deductions from the security deposit. The landlord can use the deposits only for the purpose indicated in the lease or rental agreement and must provide an itemized statement of any money withheld. The security deposit must be returned to the tenant within 21 days of vacating the unit. Disputes concerning security deposits can be taken to Small Claims Court in San Mateo County. ------------------------------------>>back to top<< FAQ #5: Will I receive interest on my security deposit? ------------------------------------ California State law does not require landlords to pay interest on security deposits. Some cities have their own ordinances regarding interest. In San Mateo County, East Palo Alto landlords must place security deposits in an interest bearing account. In December of every year, landlords are supposed to provide tenants with an accounting and either a refund check or the option to offset the next month's rent accordingly.
FAQ #6: How much can rent be raised? ------------------------------------ If the tenant is renting on a month-to-month basis in a city with no rent control, the rent can be raised at any time to any amount with the proper notice. If the tenant has a lease for more than 30 days, the rent cannot be raised during the term of the lease, unless the lease allows rent increases. If the increase will amount to 10% or less than the current rent, the landlord must give 30-day written notice. This increase is not effective until the 30 days has passed and is not retroactive. If the increase will amount to over 10% of the current annual rent, the landlord must give 60-day written notice. This increase is not effective until the 60 days have passed and it is not retroactive. When the total of all rent increases in the past 12 months is more than 10% of the rent charged at any time during that period, the tenant must also receive 60 days written notice.
------------------------------------>>back
to top<< FAQ #8: Can my landlord raise my rent if I ask him/her to make repairs in my unit? ------------------------------------ The landlord cannot raise your rent because you have complained about problems in your unit such as broken plumbing or heating. You must be able to prove that the landlord raised your rent in retaliation for your complaint if you choose not to pay the increase. This may be difficult to prove without placing your tenancy at risk. You will want to consult an attorney prior to withholding rent. If the landlord has not responded to your request for repairs, you may have several strategies available to you. Withholding rent may put you at risk of eviction. Again, consult an attorney to best advise you of your options. Regardless of the circumstances, your rent cannot be raised while you are renting under the terms of a lease unless it is written into the lease agreement.
FAQ #9: Who is responsible for maintenance and repairs?
------------------------------------
------------------------------------>>back
to top<< FAQ #10: Can a landlord or owner enter the unit at any time? ------------------------------------ Yes, but only in emergencies. The landlord must give 24 hours written notice if he/she plans to enter at any other time during normal business hours, but only in order to make repairs or show the property to prospective tenants or buyers. He/she may not enter just to check up on the tenant.
------------------------------------>>back
to top<< FAQ #11: What is a 3-day notice? ------------------------------------
There are several
kinds of 3-day notices:
If the tenant does not comply with the 3-day notice, the landlord may start eviction procedures on the 4th day. The tenant has 5 days (including weekends) after receiving the eviction notice to respond by filing an "Answer" along with a copy of the eviction notice with the court. If the tenant does not file these papers, he/she automatically lose the case and do not go to court. At this point, the Sheriff will post a notice to move out within 5 days. If the tenant does not move, the Sheriff can physically evict him/her and lock the premises. If the tenant's possessions are inside, the tenant will have to pay storage fees to have them returned.
------------------------------------>>back
to top<< FAQ #12 Does my landlord have to have a reason to evict me? ------------------------------------ Just as tenants do not have to provide a reason for a 30-day notice to end the rental agreement, landlords in your County do not have to provide a reason for providing a reason for their 30-day or 60-day notices. Tenants who have lived in the rental for one year or more receive a 60-day advance written notice and tenants who have lived in the unit for less than one year receive a 30-day advance written notice. If the tenant signed a lease, the owner must serve the tenant with an Unlawful Detainer in order to evict or wait until the lease has expired. All landlords must follow the appropriate legal steps to terminate a tenancy. For more information on the correct procedures, see the guides and web sites below. ------------------------------------>>back to top<< These are based on estimated circumstances in most states. However, many cases may arise that contradict these we have explained for you on our website. |