Jan/110
Landlord Changed Locks on Tenant
A common practice of some landlords is to change the locks and lock out their tenant when the tenant get behind on rent. Everyday thousands of people come home and find themselves locked out of their home. So, can a landlord lock out a tenant that is past due on his rental payments?
A general property rule of law is when a tenant rent or lease a house or apartment he aquires right to posession and use of the property. Once the agreement is reached and the tenant start occupying the property there are only to ways that the tenant's possession rights can be terminated. The tenant can voluntarily relinquish posession and control of the property. Usually, the tenant agree to move out of the property or the landlord discovers the tenant has abandon the property. If the tenant does not voluntarily relinquish posession of the property the landlord would have to have the tenant evicted through a court order.
First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate. This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord must go to the court and file an action. The court will issue a summons to the to the tenant. A trial of the issues will be held in accordance with the procedures of the appropriate court. The tenant is allowed to remain in possession of the premises. The landlord may request that the court order the tenant to pay rent into the registry of the court. If payment is ordered, non-payment of rent into the registry could result in the court issuing a writ of possession and the tenant becoming subject to eviction. Once a hearing has been held, the court will issue its decision. If the court rules for the landlord, the tenant will be ordered to move by a certain date.
The only way the landlord can legally change the locks and keep your stuff is if there is a order from the court. If he just changed your locks, then he may possibly face both criminal and civil consequences.
POINTS TO REMEMBER The landlord must take you to court first and have a court order to evict you before he can change the locks on you. If there is no eviction order from the judge or you are moved out before the court order runs out, the Land Lord can not lock you out of the property, and can not touch your belongings. But if you are there past the court ordered eviction time period, then that's another story.
Get more legal information atLegavue. Find out more about Landlord Lock Outs
Jul/100
Real Estate Law – Lease And Rental Agreement Terminology
The landlord and tenant branch of most local courts is often overloaded with cases, usually pertaining to some part of the lease or rental agreement between the two parties. The more specific the agreement, the easier it will be for each case to be decided or, better yet, worked out between the landlord and tenant. To that end, every lease or rental agreement should contain the following terms or provisions, or some derivative thereof.
Duration of the Lease:
The duration provision will define how long the lease or rental agreement will be enforceable. Most leases are for a defined period of time, generally six months or one year. Rental agreements are usually month-to-month, and they can be terminated upon the expiration of each month, as long as the tenant gives proper notice.
Deposit on Security:
The deposit on security, also known as a security deposit, protects the landlord in the event that the tenant does something damaging to the property. Generally, if the tenant takes good care of the property, and the only damage is normal wear-and-tear, the tenant will get the security deposit back at the end of the agreement's term. Many leases contain a provision whereby the security deposit is forfeited upon default by the tenant.
Rental Amount:
Rent is the reason landlords purchase the property in the first place. The paragraph that outlines the rent should include the amount of the rent, the manner in which the rent is supposed to be paid, the date by which the rent is to be paid, any grace period, and the amount of any late fee.
Utilities:
The lease or rental agreement should enumerate who pays what utilities. Utilities can be quite costly, especially those for electricity and/or gas. Often times, the utility payments are the "make-or-break" element of the agreement. Past utility payments should be utilized by the tenant to determine whether the cost of renting the property is affordable.
Terms of Use:
Both residential and commercial leases will generally contain certain restrictions on the use and occupancy of the property. An example of a use restriction would be if the tenant cannot have pets on the property. Additionally, most residential leases contain restrictions on loud noise or music. Finally, the lease may limit specific types of property or items. For example, the agreement may state that waterbeds are not allowed.
Right of Landlord to Enter the Premises:
In certain instances, the landlord will have the right to enter the property. Often times, with notice, the landlord will have the right to inspect the property or show the property to potential tenants. This provision should state the rights and obligations of both the landlord and the tenant in this regard.
Maintenance:
Maintenance of the property can be a big issue, especially when the building is old or contains expensive appliances. The maintenance provision should answer the questions of who will be responsible for maintenance and in what situations.
Remedies upon Default:
If either the landlord or the tenant fails in their duties under the lease, there needs to be a provision that delineates what actions the damaged party can take. Such a provision should include answers to the questions of what constitutes a default and what happens in the event of a default, as well as what types of notice each party must give to the other prior to taking any action.
Generally speaking, the above provisions must be included in every lease or rental agreement. However, they aren't the only provisions that must be included in the agreement. What each agreement contains will depend on the facts and circumstances of the particular parties and the property in question, but it is important to know the basics of where to start.
Learn more about Virginia and Maryland real estate law from a Virginia real estate attorney or a Maryland real estate attorney.
Jun/100
Tips For Finding Apartments For Rent
At one time or another, many people in the world have found themselves searching for nice apartments for rent in their price range. At first thought, this can seem like an overwhelming search, but rest assured it doesn't have to be! There are a few tips and tricks that you can follow to make your search a bit easier and less time consuming.
If you have a busy schedule or simply enjoy the convenience of apartment shopping at home, the internet can be a wonderful asset to finding a great apartment for rent! By doing a simple search, you will find tons of apartments in your local area that are ready to be rented immediately.
Most of the popular real estate companies in your town or city will have their own web page that features the current available apartment listings. On the website you will also find information about the real estate agents in order to choose on to suit your specific needs.
One of the biggest benefits of shopping for an apartment online is the ability to instantly see photographs of the property as well as information about the community. If the apartment facility has a pool or other amenities, they will commonly be listed on the website.
Some people prefer a more traditional approach to finding an apartment for rent. You may have noticed when driving around your neighborhood that when an apartment is available to be rented, there is commonly a sign out front with a number to call for leasing information.
It may be a good idea for you to prepare a list of questions that you like to ask about the apartment before you make the phone call for information. It is a great idea to find out the terms required of the lease, how much you will be expected to pay monthly, and if utilities are included. Asking questions can help you to find the perfect place!
If you like the answers to the questions that you have asked, the next step is to set up a time to visit the property. Once you see the area in person, it can make things a lot easier for you to decide once and for all if this is a place that you would like to live.
If you would like to proceed with renting the apartment after the visit, you can ask to complete the application. You can expect to have to pay a small application fee to cover the cost of a background check and a credit history check. Many apartments have restrictions on who they will rent to based on previous rental history.
Once you have gone through the process of making the phone calls, asked your questions, visited the property, completed the application and received approval you are well on your way to having an apartment of your own. All that is left to do is move your furniture in, then take a weekend to kick back and relax while you enjoy your new home!
When browsing online for Toronto apartments for rent, make sure you check out Torontorentals.com, offering a massive selection of apartments for rent Toronto, North York and the rest of the GTA.