Category Archives: Rental

A lease agreement is a legal contract between the two parties that comes in mutual consent when one party conveys land or personal property to another party for a specific period in return for the payment. It outlines all the aspects of the rules and regulations under the lease arrangement. And Can a landlord break a lease that is necessary to be followed by the tenant? 

Terms and conditions in the lease agreement mostly consist of :

1. Duration of the agreement – For long the lease agreement will be in effect or when it will end. 
2. Rent/ amount of rent – The amount of rent that will be paid to the owner each month or quarterly or annually, and the consequences for failing to pay the agreed-upon amount by the due date.
3. Any Deposits required – The amount of any deposits required, and the purpose of each deposit, and the conditions for the return of any deposit at the end of the lease.
4. The number of occupants – The maximum number of occupants permitted in the building. 
5. Insurance for any risk – Whether the lessee is required to maintain insurance on the property. 
6. Repairs and Maintenance responsibility – Who will be responsible for repairs and maintenance to the property. 

Now, after knowing the lease agreement, the question arises that;

Can a landlord break a lease?

Yes, he may or may not break the lease depending on the situation. These situations may vary from one condition to another in the sense of legal documents or any breakage of any rule or due to any other situation availing in the present. Every state or country has different laws regarding landlord/tenant laws. 

Let’s see when a landlord breaks a lease :

         1. If the landlord wants to move- in the property – 

This process is known as owner Move-in eviction. The landlord has to provide notice before 60 days with reasonable notice if the landlord wishes to move-in before the expiry of the lease. The landlord must move-in once the tenant vacates the place. And use it as the home for a minimum of 36 months. Otherwise, the tenant can sue the landlord for wrongful eviction and can get back into the property. 

        2. If the landlord wants to sell the property – 

The landlord has to go through the lease agreement before thinking of selling the property. If he/she has the “lease termination due to sale “ clause, they can easily proceed before. Simply, the landlord can give a standard notice warning to vacate the property. Or declare an end to the lease if the property is sold before the end of the lease. This clause is not compulsory in every agreement. And the tenant can try that this clause must not be there to prevent any future conflicts. 

        3. If the tenant fails to pay the rent on time or late –

 the landlord can issue a notice of lease termination in case the tenant fails to pay the rent to the landlord and afterwards can also sue the tenant in case of not vacating the place. 

         4. If the tenant violates any clause in the agreement – 

the landlord can terminate the lease agreement in case the tenant violates any clause mentioned in the lease agreement and can sue the tenant in case of not vacating after sending the official notice. 

         5. If the tenant violates any responsibility imposed by the law –

some rules and regulations are imposed by the law or state, that are necessary to be followed by the tenant and in case any of the rules are violated, the termination can be done. 

          6. In case of any renovations –

the landlord can terminate the lease in case there are some renovations to be done in the buildings which need to empty the place but have to send the prior notice but in this case, the lease can be broken by the landlord. 

In any case of disagreement or any of the above cases, the tenant and landlord must have mutual consent to prevent the lease termination. The following cases perfectly showcase that the landlord can break a lease in the above cases. But it is also necessary that the landlord sends the official notice before the termination. 

In case the tenant continues to stay at the same place even after the letter of termination, the landlord can take the step of eviction. 

What is eviction when a landlord breaks a lease?? 

Eviction is the physical removal of the tenant from his/her property ordered by the court with the help of the law- enforcement officer. For the termination of the lease, the landlord has to file a lawsuit if the tenant continues to stay even after the notice. In this case, the officers help in the removal of the tenant. 

Author’s Note 

It is quite simple that the landlord can break a lease in case of a few matters. Like the landlord is moving in, the selling of the property, violations of law, rules, and regulations, or any renovations, etc.  The landlord can even take the help of the court in case the tenant doesn’t empty the place even after the notice provided. So, it’s better to check the agreement before confirming and signing and check for a breakage agreement by the landlord.

Published by: Somya

One of the most common arises when we enter into a lease or rental agreement, can a landlord keep the tenant’s stuff or he/she has the right over the tenant’s belongings? The answer is NO in most of the cases but in some cases, it can be a yes also. There might be a few reasons for the scenarios. 

In most cases, one cannot directly have the right to the tenant’s property or the landlord cannot sell or use it due to non-payment of the rent. But he/she can simply drive to the court for the eviction of the tenant or to perform any function like selling, claiming, etc. 

Is it legal for a landlord to take a tenant’s belongings?

If the tenant leaves things when moved out, evicted can the landlord sell them, keep them or throw them away. The things might include, furniture, clothes, appliances, or anything. 

A landlord can keep the tenant’s stuff in the following situations :

1. The tenant moved out without giving notice, the landlord gave an official notice, or the tenant made an agreement with the landlord to move out.

The tenant’s belongings can be kept with the landlord in this case. And can be used, sold or thrown away as per his wish. In case, if one thinks the tenant has moved out without notice, the place might be considered abandoned. If the rent is paid up as per the agreement, the place can’t be considered abandoned. Just the tenant has to make sure, before going for a long vacation or trip, he might inform the landlord and pay up the rent on time. 

Just in case, the landlord thinks the tenant has abandoned the place, he cannot take up the tenant’s things, he/she          must have to do the followings things first:

• Apply to the tenant board for ending the tenancy of the tenant.
• Give notice to the tenant and the board, if he/she wants to get rid of the tenant’s belongings within 30 days. 

In case, the amount of rent is due, he/she has the right to collect the overdue rent and even the extra charges for shifting and keeping the tenant’s belongings. If the tenant does not pay within 30 days or ask for stuff, he/she loses the right to his/her stuff. It only happens when the tenant has abandoned the place. Otherwise, just for not paying the rent, the landlord cannot have the right to the tenant’s stuff.

2. When the tenant is evicted by the tenant Board. 

In this case, also the right to use, throw or keep the tenant’s stuff can be under the landlord. – In this case, the tenant has about 72 hours after the committee makes an order to evict you, for the sheriff to evict tenants to get the belongings. During these 72 hours, he has to keep the tenant’s stuff and allow him/her to take them anytime as per the landlord’s instructions. If the landlord does not do this, it is against the law. The tenant and landlord come into an agreement or agree to some rules as per their satisfaction. And this should be in writing. 

3. The tenant moved out without any notice or agreement.

In case, the tenant moved out from the rental unit without any information, the landlord has the right over the tenant’s stuff. In this case, he/she can keep, throw or give away the tenant’s stuff without consulting them even.

The landlord can immediately sell, keep or throw the tenant’s stuff in the following cases:

1. The tenant gives the notice to end the tenancy to the landlord.
2. When the written notice is given by the landlord to end the tenancy.
3. When the landlord and the tenant makes an agreement to end the tenancy. 

So, it is necessary that the tenant makes sure that he/she shifts the belongings before moving out. The tenant should make sure to shift the belongings before. Or on the date stated on the notice even if it is the day before the rent is due. Even make sure the tenant has a word with the landlord. In case he/she wishes to shift the stuff after a day or when the tenant gets a new rental unit to save from any future problem. 

Under no circumstances, other than mentioned above, one has no right over the tenant’s property. And cannot keep the tenant’s stuff for any reason. It is against the law and the tenant has sued the landlord for doing this for any reason. If a landlord is owed money by the tenant, he must get an order from the court in order to take any action.

Author’s Note:

The landlord does not have the right to the tenant’s belongings in any case, just other than a few. The tenant should always make sure to take all the stuff with him but has still no right over the stuff. The landlord and tenant must agree to the rules and clauses mentioned in the agreement and in the law books. 

Published by: Somya

When a landlord leases his/her property, most of the day-to-day rights are transferred to the tenant. Whereas the landlord remains the owner. It means that the tenant can decide who can come or move out of the rental unit. But the things the guests might do, the tenant will be held responsible for that. Landlords may prohibit guests if it is mentioned in the agreement or they are living in the same unit. And the question arises that Can a landlord prohibit guests?

Lease Agreements – 

Most of the lease agreements do not have clauses regarding the prohibition of the guests, which may be an issue in the future and can cause conflicts between the landlord and the tenant. Mostly, there are no rules for stopping the guests from coming. It mostly depends on the tenant to allow them or not. But in case, the landlord lives in the same apartment, he might impose some restrictions for the same.

If the landlord has clearly mentioned the prohibition of guests in the unit in the agreement. The tenant has to either agree to the terms or has to find some other place, where they can get their type of lifestyle. In case, you have signed the agreement without reading it carefully, the debt is of the tenant. It’s his/her choice to stay in the wrong place or move to another place. 

The landlord cannot prohibit the guests when they are not living in the same unit, unless and until the landlord must have a legal reason against the tenant or has a solid purpose for the same. The landlord should move with caution in these types of cases. This may lead to filing a lawsuit against the landlord for acting rashly and unconsciously. 

Yes or No?

The answer to the question that can a landlord prohibit guests is NO in most cases. The exceptions are found everywhere, sometimes, there may be some rule and regulations that are made by the landlord part of the property agreement, in which the tenant cannot break the rule. If the property is misused or involved in illegal activities, the landlord can move the tenant and the guests out. 

States have different rules for can a landlord prohibit guests- 

Different states have different landlord-tenant rules. It is necessary that the tenant keep himself/herself updated with these rules and local laws before inviting a guest without the landlord’s permission. Mostly all states allow a landlord to set up reasonable guest limitations and rules for the entry of the guest at the tenant’s rental unit. Might possible, some states allow a certain number of guests while others may not and a landlord prohibit guests. 

The agreement should cover the following: 

1. Period for how long, the guest is going to stay. 
2. When the guest can become a tenant?
3. No. of guests allowed at the unit at a time depending upon the size and proximity of the property. 
4. Can guests use the common areas and their limitations? 
5. Any violation done by guests, the tenant will be held responsible. 

Better relationship between the tenant and the landlord?

This can be done by having transparency and mutual contact. The tenant must inform the landlord before any visitor arrives. Just like other people, the tenants have little right to enjoy freedom, privacy and to meet their family members. Tenants to have a legal right to invite the guests and the landlord cannot ask them who the guest is and for how long they will stay. In case, they live for a long period, the landlord and the tenant must discuss the legal agreement made and solve the issue.

Avoid conflicts with the tenants? 

1. The clauses and rules that are made by the housing committee must be shared with the tenant by the landlord openly. 
2. Tenants and their relatives must follow the rules and regulations of society.
3. Both sides of the party should agree on the rules. The neighbours should not be disturbed. 

A way to keep a check that the guests are not causing problems is to keep property scheduled checks or reviews that can be maintained weekly, monthly or yearly as per the landlord’s wish.

While checking, make sure that – 

1. Signs that someone is becoming an illegal tenant. 
2. A sign that the guest has damaged the property. 
3. Any parking violations by the guests. 

Common Problems found by the landlord- 

1. Lot of noise due to loud guests and causing a problem to the neighbours.

A notice can be given to the tenant in order to ensure that the trouble is caused and solve it at the earliest. 

2. Suspect that guest is dealing with drugs- 

In this case, you may take the help of the local police. The landlord cannot directly accuse the tenant but he/she can make sure that illegal activities are not taking place in the rental unit. 

3. Pets of the guests are causing troubles- 

The tenant has to talk to the landlord if the guests violate any rule against the agreement. Tenants must ensure they or the guests do not violate any rule.

4. The guest staying for a long period- 

If the guest is living for a long period, the landlord can add him/her to the lease agreement or evict them for staying illegally without any agreement with them. 

Keep things clear and easy to prevent a landlord to prohibit guests- 

The best thing to avoid any conflicts between the landlord and the tenant is to keep things clear from day one. The agreement should include any guests rule or limitations and make sure the tenant is aware of that. Communication between both of them makes the situation easy to handle. 

Published by: Somya

When a tenant moves into a rental place, the most obvious expenses. That occur monthly or yearly is the rent to be paid. While moving in, the first and the last thing that matters to you is to pay the rent. So, think of the situation when the landlord refuses the rent payment, which serves as one of the income of the landlord. This made a tenant worry about the reason for doing so and whether it can cause eviction of the tenant. So, Can a landlord refuse rent payment?

There are some cases when this can happen as follows: 

1. If the tenant pays only part of the rent, the landlord can refuse to take it. As in most of the agreements, the clause to make a full rent payment is mentioned. There is always a specified amount mentioned to pay monthly. It depends on the landlord whether they take the amount of rent partially or not, which could be seen in the past. If they have no issues accepting late or partial payments. Then they cannot refuse payment unless they give the tenant a notice to make full payment only. 
2. If the landlord has given an eviction notice to the tenant unless tenants have meant to cover rental arrears. When the landlord issues an eviction notice. He/she definitely refuse to take the rent payment. This issue can only be solved if the tenant gives rental arrears. 
3. The lease agreement has come to an end and the landlord has given the notice to vacate the place and there is no chance to renew it. The landlord won’t be accepting any further rent from the tenant.

The tenant pays the rent through another method, other than mentioned in the agreement, the landlord won’t accept the rent payment. The landlord won’t be obliged if the tenant makes the payment through the wrong mode. For example, the tenant has an agreement to pay the rent in cash but he/she makes a cheque payment, the landlord has the right to refuse it. 

If the landlord starts turning down the tenant’s rent payment, the tenant should be aware that he/she may not be evicted due to this. Sometimes, landlords try to get rid of the tenants and use these tricks as they can’t legally evict them. The tenants should be aware of their rights and play safe to prevent unlawful eviction.

Landlord-Tenant law 

These laws vary from one state to another. But all of them try to protect the tenant from eviction without a cause. The notice of eviction can only be given in the following cases:

1. The tenant has damaged the property. 
2. The continuous late rent payment.
3. Any illegal activity performed in the rental unit. 
4. Violation of lease agreement more than once or twice and even not taken any preventative measures to stop or prevent them.. 

In these cases, the landlord provides the tenant with the “unconditional quit” notice. The tenant does not have any chance to make up with the landlord and can’t stay in the same unit. According to the state laws, the tenant has to timely pay the rent but what happens if the landlord refuses it`? As long as the tenant has not gone against the lease, their rights are safe. If they tried to pay the rent, he/she can prove that they have made the payment or at least tried them. 

How to prove that the tenant has paid the rent?

In case the tenant has made the full rent payment on time without any delay and even if the landlord has not given any notice, then the tenant has to prove that he/she made a full attempt to make the payment. In order to collect proof, the tenant can send the rent payment via registered mail to the landlord’s address which is registered in the lease agreement. The mail option provides the document which provides the details of payment and when the landlord received it. If the landlord refuses the payment, that will also be recorded. This way the evidence can be shown in the court if anything happens. 

No discrimination and no racism

The landlord can serve an eviction notice without any cause, but sometimes it might be illegal. For instance, the landlord refuses rent payment to evict you because of the colour, caste, religion, status or any other. The eviction on the basis of discrimination and retaliation is illegal in mostly all countries and states. This method is illegal and the tenant has filed a lawsuit against the landlord and can take other necessary steps required. 

Author’s Note- 

The landlord can refuse rent payment only in case of partial rent payment, valid eviction notice, the term of lease agreement turns out or payment made in the wrong mode other than specified in the agreement. The tenant should make sure, he/she may not get evicted without any cause and illegally.

Published by: Somya

A messy tenant is a landlord’s worst nightmare because it increases the likelihood of the asset’s depreciation. Which the landlord finds unaffordable. A sloppy tenant not only makes the place unsanitary, but it also makes the environment unfit for human habitation. It may result in an unsanitary environment teeming with bugs, insects, or rodents. This makes re-renting the property difficult and may cause a landlord to evict you for being messy.  

Messy tenant –

It would be a great observation if the landlord could simply look at the tenant and determine whether or not he or she is messy before renting, but this is not possible. There is now a situation in which a tenant is renting. And, unexpectedly, making the place miserable and deteriorated.

To begin, the landlord must comprehend the context of a disgruntled tenant. All of the above, and mostly all lease agreements or rental agreements, contain some points about the property’s maintenance, habitability, and cleaning. For example, the tenant must not damage the appliances or make holes in the walls. The lines or language mentioning the tenant’s responsibility to maintain the property must be clear. And clear to avoid any future conflict with the landlord or tenant, as well as to keep the peace with the neighbours.

The landlord can tell if a tenant is abusive by looking at their dirty habits and ways. These habits can also be picked up as a result of smelly or unsanitary surroundings. That could be discovered by the landlord or any other tenant. Can the landlord evict you for being messy?

When a landlord evicts you because you are messy, the tenant may be considered dirty in the following situations:

Bug identification –

The landlord may discover bugs or rodents in the property that make the environment unhealthy and unfit for human habitation.

Mold identification –

Molds may begin to accumulate in the walls of the bathroom, causing the apartment to become untidy, according to the landlord.

Pet faeces discovered –

Pet faeces are found all over the place, or there is no litter in the litter box. This fills the space with a foul odour. The odour (urine) of cats or dogs also makes the environment unhealthy and even intolerable for other tenants.

Garbage that hasn’t been disposed of or rotten food –

If the garbage or rotten food hasn’t been disposed of in a timely manner. This creates a noxious odour in the apartment, which could be harmful to everyone.

Poor appliance operation and appearance-

The appliances appeared to be in poor condition. Their work is out of date, and they appear to be in poor condition.

Junk in the house-

Due to a blockage of the furnace intake, air circulation in the house is hampered. Because of the presence of dust and junk that has not been cleaned by the tenant.

The rental property begins to smell –

It is possible that the property becomes or begins to become smelly for any reason that may harm the property as well as other tenants, if any, so in this case also the tenant is considered as messy. 

Untidy tenants are simply harmful and risky to the property, and if the agreement includes a cleaning clause. In terms of property maintenance, the landlord can simply order the tenant to keep the property neat and clean. And they must change their ways of life for the sake of the future. To comply, a clause in the lease agreement requiring cleaning of the property is required. And force tenants to change their habits in the event of a violation of the law or a clause in the lease agreement.

If your landlord evicts you for being messy, but you want to stay, you can do the following:

• Can a maid be appointed –

A clause in the lease agreement can be added that allows the tenant to hire a maid to keep the property clean and to contact them for monthly paid services. The messy tenants may find this clause irritating because they are not in the habit of doing so, and they may even deny it in order to save money on monthly maid services.

• Can explain the cleaning requirements prior to the tenant’s arrival –

The landlord can briefly explain to the tenant all of the clauses, rules, and regulations pertaining to the cleanliness of the property. Before they move-in, the landlord has the right to evict them in the future if they violate any clause or rule. The landlord can even demonstrate how to keep the place clean. In order for the tenant to learn. And do so in the future to keep the property neat and healthy in accordance with the landlord’s instructions.

If, in any of these cases, the tenant is unwilling to make peace with the landlord by converting the property to the terms of the lease/rental agreement. Or, even after receiving the official notice, the tenant fails to keep the property in good condition. In any case, where the clause is mentioned, the landlord can evict the tenant for being messy, and he can also charge him. However, the landlord cannot evict if no eviction clause is included.

Note from the Author:

If the tenant does not follow the landlord’s cleanliness clauses, the landlord has the right to evict the tenant. However, if the clauses are not mentioned, the landlord cannot evict the tenant for being disorganised and cannot even file a lawsuit or sue the tenant.

Published by: Somya

The intricacies of the relationship between a tenant and a landlord are one of the most quintessentially deep-seated ones as far as relationships go. Its roots can be traced back to a long time back when the whole concept was crude and much more rudimentary. Having said this, proper attention should be given to the fact that it also has its share of occasional conflicts due to the opposing views and opinions of the two parties. In this article, we will try to shed light on one such important point of conflict, i.e. Can I sue my landlord for not paying the mortgage?

Who is a Tenant?

Basically, a tenant can be defined as an individual who in exchange for the fulfillment of certain obligations like monetary, gets the right to occupy a rental property under an agreement or lease. Although the interests and well being of the tenant is taken care of by the law, a large portion of the details of the relationship between the tenant and the landlord is typically compiled in the rental or the lease agreement. One of the fundamental duties of being a tenant is taking the proper time and giving due attention to each and every aspect of the agreement to save himself from any possible mistreatments or malicious intentions of the landlord hiding in the loopholes and legalities.

Rights of a Tenant

As a tenant, an individual is guaranteed certain rights under the purview of the law-

• Right to say no if the landlord wants to construct an oral agreement
• The right to enjoy privacy
• Right to refuse to leave the premise without receiving due notice
• The right to recover the security deposit
• Right to dispute any unlawful changes in rent
• The right to decide the duration of the tenancy
• Right to essential services

Who is a landlord?

A landlord is essentially an individual or a business entity that has ownership of the real estate. He in turn rents or leases it out to prospective tenants by the means of a rental agreement or a lease agreement in exchange for certain benefits. Being the owner, he enjoys a substantial amount of autonomy over the whole process and the entire tenant-landlord relationship. A landlord generally provides the means for basic amenities like maintenance and repair work. Every detail of the relationship and the respective duties of the tenant or the leaseholder and the landlord himself is described in the agreement.

Rights of a Landlord

Similar to the case of a tenant, a landlord is also entitled to certain rights and privileges. Although, it should be noted that the rights should be in accordance with the tenant’s rights

• Right to evict the tenant under specific circumstances
• The right to gain temporary possession of his land from the tenant
• Right over the rent rate
• The right to be advised of repairs and maintenance

Now, coming to the question of the hour or one of the most discussed and controversial points of conflict in the tenant and landlord relationship,

Can I sue my landlord for not paying the mortgage?

Let us first get accustomed to the idea of the word ‘mortgage’.

The origin of the word mortgage can be traced back to the French language. Despite the fact that in the French language, its literal, meaning is “death pledge”, the mortgage is nothing but a simple home loan. In even simpler words, it is an agreement between the bank and the borrower to lend money in exchange for a property or real estate. The bank allows the buyer to pay off the loan in the course of periodical payments in exchange for the money it lends. Mortgage can also be obtained from a mortgage broker.

In this case, the buyer or the landowner who has purchased a piece of property or real estate by taking a mortgage or a home loan from the bank is obligated to pay back the bank the amount he owes in the course of periodical instalments. The tenant on the other hand, who has signed a rental or a lease agreement, is entitled to the duration of the stay in the property for which he paid for without any hindrance or hassle.

Now, if the landowner is unable to pay back the money he owes to the bank, the bank, after giving due notices and time to the owner will naturally resort to the last option in its hand- seizing of the property from the hands of the owner. The tenant who has nothing to do with it becomes an unfortunate victim of the whole debacle and is forced to move out before the agreed-upon time and despite paying the rent. 

Summary

So, to answer the main question,i.e. Can I sue my landlord for not paying the mortgage? Yes, the tenant does have the right to sue the landowner for not paying the mortgage due to which grievances are caused to him and forced him to evacuate the property. The tenant can also try giving an ultimatum to the landowner before taking the matter to court if he wishes to take care of it discreetly. He can ask the landowner to pay him back the security deposit and refund the money that is due to him.

Published by: Somya

What is real estate security? It is land along with any permanent possession attached to the land; this can be any permanent manmade addition, such as houses, vehicles, or buildings.

In simple words, real estate is a kind of real property but its characteristics are quite different from permanent property. For example, boats, vehicles, ornaments, etc. are personal property that is movable. And the land, buildings, etc. are real property that is immovable. Many confuse permanent property with real property.

Physical Features of Real Estate

1. Immovable: As real estate contains lands and buildings which are obviously immovable, but they are alterable and removable too. Real estate compiles above and below the land.
2. Uniqueness: Two pieces of land cannot be the same. They can share similarities to some extent but cannot be the same whole together.
3. Indestructibility: Land is a permanent kind of property that is long-living, durable, and cannot be destroyed. The land is neither be created nor be destroyed.

Economic Features of Real Estate

1. Scarcity: Scarcity means having not much around. The scarce characteristic of land is, it is immovable just a limited piece of land, and once it is gone forever. Once you lose, its property value also changes. If the land has a positive impact then the prices will be higher.
2. Improvement: It means adding arrangements to your piece of land. Building house, pool, garden, etc. are the improvements of your land, it increases the value of your estate.
3. Area preference: Since land is the scarce featured property, you have no choice over appearance or making of it but you have a choice over the selection of area. If you are looking for a building house then you can make choice over, is there any school nearby, local market availability, bus station, etc. on behalf of such demands you can choose which area will be convenient for living.

Types of real estate

1. Residential real estate: This piece of land is for residency purposes. One can build a house, duplex, flat system, condos, cooperatives, etc. by their own wish.
2. Industrial real estate: It is a land which is purchased for the industrial purposes such as, manufacturing, production, storage, distribution, research and developing, etc.
3. Commercial real estate: Any property mainly used for the business purpose is a commercial real estate. Commercial purposes such as, huge complexes, grocery stores, gas station, hospitals, hotels, parking facilities, etc.
4. Land: Land is just an undeveloped property. This is raw in feature, without any improvements in it, which is totally vacant land, agricultural land, etc.
5. Special purpose: The property which is purchased for the special purpose, mainly it is for the public usage and in possession of the government itself. These lands are for cemeteries, place of worships, building schools, libraries, and parks, etc.

Real estate Security

Means the security of public interests such as, security of lands, companies, houses, buildings, etc. It is an investment of trust, commercial mortgage securities, interests in pooled investment entities, etc.

• The term real estate security means the security of any kind of electronic agreement, certificate, or an oral, written agreement, opportunity, or understanding is a lien upon any specific public or government capital for security. Many real estate investors are lien for major security exchanges throughout the session.
• Investors mostly expect financial security to exhibit more profits. A real estate security comes with certain reasonable conditions too. Sometimes we consider real estate as a security, but it’s not. It is not security when you actually look after but it is when you sign an agreement based for three specific components-

1. Expectation of a profit with financial security.
2. Common enterprise.
3. Depending solely for the success even with the effort of others.

This last component may look unreasonable for investors.

• Your home residency would not open a way of an income unless you rent it and your primary residence would not generate cash, for generating cash flow the two factors are essential-

1. Stocks generate mainly dividends.
2. Investment property helps in generating rent.

• Carrying costs of your primary residency is a responsibility, but have you ever think your home requires ongoing payments, such as

1. Bills of appliances.
2. Mortgage payments.
3. Utilities.
4. Taxes.
5. Insurance.

• These are some significant expenses, you might don’t feel any burden of it because it is providing a roof over your head, however, this high investment will not make money through it.

Other Notes of Real Estate Security

• Your primary residency is a liability investment, you cannot look toward it is a real investment because you cannot generate money through it. Maybe you can rent your property to a tenant, still, it won’t make that significant money throughout,
• A real estate security is an investment you enter into with another party. You are not engaged in maintenance and management of the estate, it is just like buying shares of an investment company. The principals of publicly traded real estate securities are globally available for operating estates of company, investing trusts, and operating residential, commercial securities.
• You can make money through the real estate with ensuring a real estate security if you have land if you do certain improvements in it like building smart house, pools, lifts, garden, etc. it will increase the value of that particular property, and after adding all these things you can sell property with more profit making value.
• But sometimes you can face defeat also, as the value of the property may fall due to many reasons like, increasing vacancies, declination of rents due to economy, resulting into declination of tax, technological development, sensitivity over the security of finance, etc. can affect such important factors too.
• Real estate security provides a way to invest in companies that own commercial properties such as complexes, shopping malls, hotels, motels, building, apartments, etc.

Published by: Somya

Eviction is one of the biggest threats landlords can make. Many will wonder can my landlord evict me in 3 days? But sometimes this threat of eviction is just an empty threat to collect rent from a tenant. The evictions laws can differ from country to country or state to state, very based on your location. The question which arises is that- Can My Landlord Evict Me in 3 Days? According to state laws, if your landlord wants to evict you from his property then he needs to do this process legally. Notifying the tenant with proper notice before eviction.

Notice for cure

If the tenant is violating the terms and conditions made by the landlord, then the landlord can begin eviction proceedings. But if this eviction is due to a violation of some terms like not paying rent by the tenant then he can give you a maximum of 30 days’ notice. If the tenant pays his rent then the landlord can keep him/her to remain on his estate.

Can my landlord evict me?

There are several different types of notices landlords can serve tenants, according to the reason for eviction. Before preceding with the process, the landlord has to prove the tenant is an unlawful detainer. Then further summons and complaints would be filed against the detainer. There are some most common notices of vacating are:

14-day pay or vacate:

The tenant must be able to establish the decided rent of the property; if he is not able to establish it then he must vacate the property. 14-day pay or vacate is a notice, delivering the clear message that if the tenant is not paying rent according to the rental agreement then he has to vacate. If he could establish rent then the landlord cannot restrain him from his estate, there will be no longer eviction notice will remain. Some people accept to vacate the property within 14 days as they do not want to stick into any kind of eviction lawsuit.

10 day notices to comply with terms or vacate:

The landlord can serve 10 days’ notice if the tenant is violating the terms of the rental agreement. Before taking possession of the property, the landlord serves a rental agreement consisting of terms and conditions of living, but if a tenant is not following those terms and conditions, then the landlord can serve 10 days’ notice to comply with the terms or if you disagree with them then vacate the property. You can leave the estate if you are not agreeing with the terms and this will keep you away from unlawful detainer action against you.

3-day notice for waste or nuisance:

This is not a common kind of notice, a waste, nuisance is against illegal activity held by the tenant. It requires quick action against the one who is doing such illegal activity. If someone is driving a drug racket, abuse, or any nuisance then the landlord does not request to comply with any terms but directly orders to vacate the property. Then there is no room for a question, can my landlord evict me in 3 days? If a tenant is not agreeing over leaving property then he should have to face a lawsuit against him.

20 day notice to terminate notice:

This notice is to terminate the tenancy for a month to monthly renters. Tenants have to leave within 20 days; there are no extensions or exceptions for leaving the estate. In this notice, a landlord does not need to explain why he is asking to leave tenants. In the case where there is the tenant is injured or currently disable to move can request the landlord.

How to respond to an eviction

• The landlord gives you an eviction notice wanting you to leave, which is a worrisome situation filled with uncertainty.
• Regarding which kind of notice you receive, you can have a critical time to face the eviction.
  Sometimes there is no slack remain for the remedy between tenant and landlord. This time, leaving is the only option left for the tenant.
• Two parties are ready to resolve problems between them through communication, without going further with legal proceedings can solve the problem with harmony.
• If the tenants are facing the issue and want some more time, then they can have legal procedures. This slows down the process to quit.
• Knowing legal proceedings can help you to minimize your rental issues.
• The intention of the eviction is about not paying rents. If the tenant pays the rents on time then it is considered as he compiled with the notice made by the landlord.
• Having an open line of communication between tenant and landlord can sort out many problems in itself. In case of any dispute, the landlord would try to solve it by simply communicating first rather than going for legal procedures.

Conclusion

You received the first notice and possibly can receive another notice too, this tells that your landlord is initiating a court case against you. In some situations, landlords do not follow the whole legal procedures of eviction, this may create chaos, if this is a case then the tenant could deny the eviction. When the landlord file for eviction, automatically set up a court hearing. This is a chance for the tenant to keep his story before the court. And the landlord has the same right too. An eviction proceeding cannot be initiated until the tenancy is legally ended.

Can my landlord evict me in 3 days? The answer is yes, but when the tenant is a wrongdoer and liable for a penalty of eviction otherwise, without a proper reason landlord cannot just kick you out of the property. If you don’t want to move out, then you can just leave any slack to point at, if it is about the rent then establish a proper schedule of payments of rents. Such notices would make a tenant either responsible or take unlawful detainer out.

Published by: Somya

Car Month to Month Rental Agreement is a lease that is specified with a certain duration. It can be cancelled or amended within a month. Here both landlord and tenant have the right to terminate the lease. But before terminating the lease, notifying the other party with proper notice is essential.

What is a month-to-month lease?

Month-to-month is an agreement between two parties that continues till 30 days or continues till one of the party terminate it. Adding any other thing, the lease can be changed after the completion of one month, the landlord can increase the amount of rent.

There are certain steps to know before assigning the car a month-to-month rental agreement. These are mainly for the background check:

Step I: Tenant’s credentials

When an individual is interested in a certain property upon a lease, they discuss the rent. The first move of the landlord should be a background check of the tenant. The landlord can check the tenant’s background through a rental application. This application allows the landlord to check the credentials of the tenant. Like it gives details about the individual’s credit report, verifies character potential, and criminal background.

Step II: Begin negotiations

At this moment, the landlord possesses all the credentials of the tenant. If he has a high-paying job and credit, then the owner can negotiate. But if the tenant has not that good job, then the owner could back off.

Step III: Tenant completes the rental agreement

If the tenant has viewed the property and both parties have made a verbal agreement over the vehicle on lease. Make sure one has to attach his FCRA (Fair Credit Reporting Act) to the final rental agreement of a car. It will be there for the detailing of the tenant’s rights. Once the written agreement is done, now tenant has to submit it to the landlord. While submitting an agreement, the tenant should return it along with the application fee.

Step IV: Writing the month-to-month lease

Upon completion of all negotiations and completing an agreement, the landlord and tenant should draft a lease.  When the agreement expires, one should renew the lease. If the landlord wants to keep some changes in the lease, he can. Often renewing your lease would abide by the lease to go through statute. After the lease has been created, the tenant should carefully go through it, to ensure negotiated terms.

Step V: Executing the lease

After the landlord and tenant have agreed to the terms as included in the lease, the parties should execute all the conditions. The meeting has to be done over the car month-to-month rental agreement.

Tenant’s responsibilities

• Monthly payment
• Security deposit
• Rent proration amount on a fixed date
• Pre-paid rent

Landlord’s responsibilities

• Provide access to the vehicle
• Keep a copy of the executed lease

Step V: Taking occupancy

The tenant may now take occupancy over the property or vehicle. If the tenant has signed the terms of occupancy by a certain date. He isn’t subjected to leave a property.

Step VI: Terminating the month-to-month lease

The landlord wants to terminate the lease, he will require to send a notice. This notice is a termination letter. The notice must consist of occupancy and termination period. And the landlord should mention the reason for termination.

Step VII: Sending notice

It is recommended, to send a termination notice certified letter with a return receipt. If either party decides to terminate the lease, make sure to have some proof of receipt.

Contents to write in a Car Month to Month Rental Agreement

• Name of the landlord and tenant.
• Property description.
• Period of occupancy. Date of occupancy and date of termination.
• Amount of rent.
• Maintenance of vehicle.
• Mode of payment.
• Security deposit.
• If utilities are furnished by the landlord, such charges for utility.
• Facilities must be given to the tenant.
• Rules and regulations for usage.
• How tenant should handle requests in an emergency.

Common terms included in a rental agreement

• Rent: The consideration or payment made by the tenant to the landlord. In exchange, the landlord will handle the property to a tenant.
• Deposits: The amount of deposit required for occupancy.
• Usage: It is a purpose of the property. And other terms and conditions regarding the usage.
• Utilities: These are utilities included in the lease.
• Insurance: It is, whether the tenant is required to ensure the property. It is the most often used term.
• Maintenance: The responsibility of the maintenance will be on the tenant in the period of occupancy.

Security deposits in Car Month to Month Rental Agreement

In India, the tenant pays the security deposits and advance. The repaid must be done at the time of cancellation of the lease. It is supposed to be given to the landlord at the time of signing the contract. A part of a deposit can be used by the landlord. The landlord can use this deposit for the damages of a subject. Returning process is done at the cancellation or quitting of the contract.

 

 

 

 

Published by: Somya