1. What is a Rental Agreement?

Rental agreements are used where the tenant is living in the property on a month to month basis (renters can move out upon giving or receiving 15-30 days notice).

A rental agreement between the landlord and tenant sets down the terms which will be followed while the tenant lives in the rental unit.

Month-to-Month Agreement, commonly called a "Rental Agreement". This agreement is for an indefinite period of time, with rent usually payable on a monthly basis. The agreement itself can be in writing or oral, but if any type of fee or refundable deposit is being paid, the agreement must be in writing.

3. What can't be included in a Rental or Lease Agreement?

Some provisions which may appear in rental agreements or leases are not legal and cannot be enforced under most State laws (check with your state for specifics). These include:

4.  What can be changed in the Rental or Lease Agreement?

Month-to-Month / Rental Agreement. If the landlord wants to change the provisions of a month-to-month rental agreement, such as raising the rent or changing rules, the tenant must be given at least 30 days notice in writing. (Less notice is not allowed under the law.) These changes can only become effective at the beginning of a rental period (the day the rent is due).

5.  What is the Landlord's responsibility?

Under the Landlord-Tenant Laws in most (but not all) States, the landlord must:

6.  What is the Tennant's responsibility?

Under the Landlord-Tenant Act, a tenant is required to:

• Pay rent, and any utilities agreed upon - on time.
• Comply with any requirements of city, county or state regulations.
• Keep the rental unit clean and sanitary.
• Dispose of garbage properly.
• Pay for fumigation of infestations caused by the tenant.
• Properly operate plumbing, electrical and heating systems.
• Not intentionally or carelessly damage the dwelling.
• Not engage in or allow any gang-related activity.
• Not permit "waste" (substantial damage to the property) or "nuisance" (substantial interference with other tenants' use of their property).
• When moving out, restore the dwelling to the same condition as when the tenant moved in, except for normal wear and tear.

7.  What can't the Landlord do?

Most state laws (but not all) prohibit a landlord from taking certain actions against a tenant. These illegal actions include:

Lockouts. Landlords cannot change locks, add new locks, or otherwise make it impossible for the tenant to use the normal locks and keys. Even if a tenant is behind in rent, such lockouts are illegal.

A tenant who is locked out can file a lawsuit to regain entry. Some local governments also have laws against lockouts and can help a tenant who has been locked out of a rental. For more information contact your city or county government.

Utility Shutoffs. The landlord may not shut off utilities because the tenant is behind in rent, or to force a tenant to move out. Utilities may only be shut off by the landlord so that repairs may be made, and only for a reasonable amount of time.

If a landlord intentionally does not pay utility bills so the service will be turned off, that could be considered an illegal shutoff.

If the utilities have been shut off by the landlord, the tenant should first check with the utility company to see if it will restore service. If it appears the shutoff is illegal, the tenant can file a lawsuit.

8.  What are Deposits and when are they refundable?

When a new tenant moves in, the landlord often collects money to cover such things as cleaning or damage. The money collected may be refundable or nonrefundable.

Refundable Deposits

Under most laws (but not all), the term "deposit" can only be applied to money which can be refunded to the tenant.

If a refundable deposit is being charged, the law requires:

9.  When must a deposit be returned?

After a tenant moves out, a landlord has 14 days in which to either return deposits, or give the tenant a written statement of why all or part of the money is being kept. It is advisable for the tenant to leave a forwarding address with the landlord when moving out.

Under the laws in most states, the rental unit must be restored to the same condition as when the tenant moved in, except for normal wear and tear. Deposits cannot be used to cover normal "wear and tear", or damage that existed when the tenant moved in.

The landlord is in compliance with the law if the required payment, statement, or both, are deposited in the U.S. mail with first class postage paid within 14 days. If the tenant takes the landlord to court, and it is ruled that the landlord intentionally did not give the statement or return the money, the court can award the tenant up to twice the amount of the deposit.

10.  When can a Landlord enter the property?

The landlord must give the tenant at least a two-day notice of his intent to enter at reasonable times. However, the law says that tenants must not unreasonably refuse to allow the landlord to enter the rental where the landlord has given at least one-day's notice of intent to enter at a specified time to show the dwelling to prospective or actual purchasers or tenants.

Any provision in a rental agreement which allows the landlord to enter without such notice is not valid under the law.

The law says that tenants shall not unreasonably refuse the landlord access to repair, improve, or service the dwelling.

11.  When do I have to tell the Landlord I'm moving out?

When a tenant wants to move out of a rental unit, it is important that the proper kind of notice be given to the landlord. The following discusses how to end the two most common types of rental agreements. However, it is important that tenants check their own rental agreements to determine what kind of notice must be given before they move out.

Leases. If the tenant moves out at the expiration of a lease, in most cases it is not necessary to give the landlord a written notice. However, the lease should be consulted to be sure a formal notice is not required.

If a tenant stays beyond the expiration of the lease, and the landlord accepts the next month's rent, the tenant then is assumed to be renting under a month-to-month agreement.

A tenant who leaves before a lease expires is responsible for paying the rent for the rest of the lease. However, the landlord must make an effort to re-rent the unit at a reasonable price. If this is not done, the tenant may not be liable for rent beyond a reasonable period of time.

Month-to-Month Rental Agreements. When a tenant wants to end a month-to-month rental agreement, written notice must be given to the landlord. The notice must be received at least 20 days before the end of the rental period (the day before rent is due). The day on which the notice is delivered does not count. A landlord cannot require a tenant to give more than 20 days notice when moving out.

What if a tenant moves out without giving proper notice? The law says the tenant is liable for rent for the lesser of: 30 days from the day the next rent is due, or 30 days from the day the landlord learns the tenant has moved out. However, the landlord has a duty to try and find a new renter. If the dwelling is rented before the end of the 30 days, the former tenant must pay only until the new tenant begins paying rent.

12.  How does the Landlord tell the renter to move out?

Process for Evictions:

When a landlord wants a tenant to move out, certain procedures must be followed. This section discusses why landlords can evict tenants, and what methods must be used.

There are four types of evictions under the law, each requiring a certain type of notice:  (This process can and is different for each State and each County)

For not paying rent. If the tenant is even one day behind in rent, the landlord can issue a three day notice to pay or move out. If the tenant pays all the rent due within three days, the landlord must accept it and cannot evict the tenant. A landlord is not required to accept a partial payment.

For not complying with the terms of the rental agreement. If a tenant is not complying with the rental agreement (for example, keeping a cat when the agreement specifies "no pets"), the landlord can give a ten-day notice to comply or move out. If the tenant remedies the situation within that time, the landlord cannot continue the eviction process.

For creating a "waste or nuisance." If a tenant destroys the landlord's property; uses the premises for unlawful activity including gang or drug-related activities; damages the value of the property; interferes with other tenant's use of the property; the landlord can issue a three-day notice to move out. The tenant must move out after receiving this type of notice. There is no option to stay and correct the problem.

For no cause. Landlords can evict month-to-month tenants without having or stating a particular reason, as long as the eviction is not discriminatory or retaliatory.

If the landlord wants a tenant to move out and does not give a reason, the tenant must be given a 20-day notice to leave. The tenant must receive the notice at least 20 days before the next rent is due.

The tenant can only be required to move out only at the end of a rental period (the day before a rental payment is due.)

Usually, a 20-day notice cannot be used if the tenant has signed a lease. Check the specific rental document to determine if a lease can be ended this way.

If the rental is being converted to a condominium, the tenant must be given a 90-day notice under state law.

13.  Who's covered by Landlord Tenant Laws?

This varies from State to State, County to County and sometimes between different cities within a County.  However, generally speaking:

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