Ques. Are there any particular rules for security deposits returns?
Ans. Landlords are permitted deductions from tenant security deposits
for unpaid rent, or for repairing any tenant caused damages, including
cleaning costs, when a tenant moves out without cleaning the place or
getting the carpet shampooed. Most of the states require a written
itemized account of deductions for unpaid rent, damage repairs, and
necessary cleaning exceeding normal wear and tear, together with any
payment made for the security deposit balance.
There are varying deadlines state to state, however, as a rule,
landlords are allowed a set time limit to return deposits, usually 14
to 30-days after the tenant moves out, either voluntarily or has been
evicted.
Ques. What is outcome of a tenant breaking his / her rental lease?
Ans. The general rule is that a rental lease binds the tenant for its
duration, unless and until the landlord breaks the law or violates the
terms of the lease, such as, failing to make necessary repairs, or not
complying with an important lease clause. Certain states have laws in
place that allow tenants to break a lease due to health problems or job
relocations requiring a permanent move. As well, federal laws,
including many similar state laws allow tenants entering active
military service, or related government positions to terminate rental
leases early, with impunity.
A tenant breaking a lease without reasonable cause is held responsible
for the rent due under the remaining lease term. Most states, rather
than charging lease breaking tenants with payment of total rent
remaining under the lease, require the landlord to make all reasonable
efforts to find a new tenant, regardless of the tenant’s reason for
leaving.
Ques. When is it considered legal for a landlord to terminate the lease and end the tenancy?
Ans. When a landlord terminates a lease due to significant violation of
lease terms by a tenant, he / she is within the rule of the law to do
so. If, a tenant keeps a dog or a cat in violation of his / her rental
lease that contains a no pets clause, a landlord is within his / her
rights to legally terminate the lease. As well, the landlord can
legally break the tenant’s lease, if the latter is a habitual late rent
payer, or does not pay rent at all, or substantially damages the rental
property, or engages in illegal activities on or near the premises e.g.
sells drugs, etc.
Before breaking the lease, the landlord is required to notify the
tenant in writing that his / her tenancy has been terminated. There are
detailed state law requirements regarding how a landlord must write and
deliver (serve) a termination notice. The termination notice should
clearly state why the tenancy is being terminated and warn the tenant
the premises must be vacated; otherwise he / she will have to face an
eviction lawsuit. Or, the notice may warn the tenant that to rectify
the lease violations i.e. pay the rent, or remove the pet.
If, the problem is fixed or the tenant moves out, there is not need to
sue. Non-compliance with the termination notice is when a landlord can
go ahead and file a lawsuit for evicting the tenant.
