Tenant Move Out Cleanup >> Tenant Leaving Trash All Around

A trust account can be any separate savings or checking account labeled "trust account" and used only for deposits and prepaid rents. A receipt should be written whenever the tenant pays a deposit or prepays rent.Landlords are required to provide tenants with the terms and conditions under which prepaid rents or Tenant Leaving Trash All Around deposits (or any portion of those monies) might be withheld by the landlord.

Can deposits earn interest? The landlord/tenant law does not require that the trust account earn interest, but if the tenant's depositdoes earn interest, the tenant is entitled to the interest under general trust law principles, Tenant Leaving Trash All Around unless bothparties have agreed otherwise. It is a good idea to specify in the rental agreement whether the deposit willearn interest, and if so, who gets the interest.

If the property is managed by a licensed property manager, the interest on the tenant's money in the trustaccount must go to the tenant, under the terms of the real estate license law, Tenant Leaving Trash All Around unless the tenant agrees inwriting that the interest may go to the property owner. The property manger may not keep the interest.When there's a new owner. . .

When rental housing is sold, a new owner is responsible for refunding any security deposits Tenant Leaving Trash All Around and prepaidrents that may be owed to the tenants who move out after the ownership is transferred.17 Therefore, abuyer of rental property should make sure that the previous owner transfers all deposits and prepaid rentsalong with the property. 

If the previous owner makes a proper transfer of these funds and notifies thetenants of the sale of the dwelling unit, he is relieved of further responsibility. If not, Tenant Leaving Trash All Around the previous ownerwill still be responsible to the tenants for deposits and prepaid rents, even though the new owner is also responsible. 18

When the property is sold at a foreclosure sale because the landlord has defaulted on his mortgagepayments, the buyer (usually the lender) often treats the tenancy as terminated, Tenant Leaving Trash All Around and tries to disclaimresponsibility for the tenant's security deposit. Unless the landlord/seller has given the security deposits tothe new owner, the landlord/seller remains liable for the security deposits.19 

The issue of whether thebuyer in a foreclosure sale is responsible for the tenants' security deposits has not yet been decided bythe courts.Get a written inspection report An inspection report describes the condition of the property when the tenant moves in. It generally hastwo parts: a "premises condition statement" describing the condition of the unit, Tenant Leaving Trash All Around and a "contents inventory" itemizing any furnishings and describing their condition.

The inspection report is not required by law, but if a landlord or tenant requests it, Tenant Leaving Trash All Around one should beprepared.20Many landlords and tenants find that an inspection report helps to protect their interests. Tenants, forexample, can use it to prove that they were not responsible for damages that existed before they movedin. 

Landlords can also use it to establish when damage occurred.To complete the inspection report, the landlord and the tenant should go through the premises together,writing down any damages, Tenant Leaving Trash All Around such as scratches or burns.Both should sign and date the report, and attach a copy to the rental agreement. 

The landlord can requirethat the tenant sign the report as a condition of renting the property. Before requiring the tenant'ssignature on an inspection report, however, Tenant Leaving Trash All Around the landlord must advise the tenant that the signed report canlater be used by the landlord to determine whether or not to refund any deposits and to compute therecovery of other damages to which the parties may be entitled.21

The landlord and tenant should then make another list showing which damages the landlord has agreedto repair or change, Tenant Leaving Trash All Around and the date that the work should be completed. A common time limit is ten days.The list should be signed and dated by the landlord before the tenant moves in, then signed and dated bythe tenant when the work has been completed. 

Again, everyone should keep a copy.If a landlord refuses to make an inspection report, Tenant Leaving Trash All Around it is a good time to consider looking for anotherlandlord. Finding another place to live before a conflict arises is much easier than trying to settledisagreements over money and damages when the tenancy ends. Living by the landlord's rules

Nearly every landlord has rules that tenants must live by.The law requires that the landlord show the tenant the rules and regulations before the tenant enters intothe rental agreement, Tenant Leaving Trash All Around and that a copy of the rules be prominently posted on the premises where it can beseen by everyone living there.22 These rules should include homeowner association or communityassociation rules or covenants.

Tenants should read the rules carefully, and if they believe that they cannot live by the landlord's rules,they should not rent the unit.The rules must be reasonable, must apply to all tenants equally, and must be clearly defined.Enforcing the rulesThe landlord's rules may be enforced only if their purpose is to: promote the convenience, safety, health or welfare of the tenants, preserve the landlord's property from abuse, Tenant Leaving Trash All Around or make a fair distribution of services and facilities.

The landlord cannot make rules that allow him to avoid his obligations. Once the tenant has seen therules and moved in, Tenant Leaving Trash All Around the tenant has agreed to abide by those rules. Failure to do so could mean aneviction. (See section on Moving out.)Changing the rulesIf the tenant has a lease, the rules may not be changed during the term of the lease, if the changes wouldsubstantially modify the lease agreement. 

For example, the landlord cannot decide during the term of alease that he will no longer allow pets on the premises.If the tenancy is month-to-month, the landlord may make such changes, Tenant Leaving Trash All Around but only after giving the tenantwritten notice at least 30 days before the rental due date when the rule changes will take effect. Tenantswho do not wish to accept the rule changes may give a 30-day written notice before the rental due dateand move out.

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