While most states allow landlords to charge late fees if rent isn`t provided on time, exactly when they can charge those fees and how much they can charge, it`s often required by law. Some states require a grace period that prevents the owner from charging late fees until that time has passed. Attempting to charge fees before this date is therefore illegal. Recover your deposit. Most landlords require you to pay a deposit to cover repairs required when you move out or to cover your non-payment of last month`s rent. By law, landlords cannot refuse to refund the deposit without a valid reason. §§ 92.101-92.109. You have the right to ask the landlord to fix any condition that materially affects your health or physical safety. § 92.052.

Although not required by law, it is important for a landlord and tenant to know that they can negotiate the terms of a lease with each other. In general, the landlord should not rush a tenant to make a decision, and both parties should be clear about the terms before signing the lease. All changes must be written in the pen of the lease. All sections agreed between the landlord and tenant must be crossed out in the lease. These inspections ensure that the units are safe and legally commendable. If an owner does not treat them, it is an illegal action. It is the tenant`s responsibility to provide the landlord with a forwarding address to which the deposit can be sent. Otherwise, the deposit will be sent to the last known address of the tenant. Some jurisdictions allow partial implied expulsion.

This occurs when a certain part of the right to build hereditary has been made untenable by the owner. Accordingly, a court will grant implied eviction for this part of the right to build hereditary. A partial constructive expulsion usually requires the same elements as a normal constructive expulsion. Similarly, dismissals on grounds of discrimination are also unlawful and can be filed as a defence against an eviction action. Discrimination can be very difficult to prove and cannot prevent an eviction process from proceeding. Discrimination laws are governed by fair housing laws in your area. For more information, please contact your local civil rights organization. For more information, see Fair Housing Resources.

Generally, a landlord cannot take possession of the rental property, physically remove the tenant or their personal property, or replace the locks without going to court. Depending on the reason for the eviction, the landlord must give the tenant 14 or 30 days` notice. A landlord must then bring a civil action (summary conviction) in court and obtain a court judgment setting a date on which the tenant must leave the rental property with their property. If the tenant does not voluntarily leave the tenant by the date set by the court, the landlord must arrange for a sheriff or police officer to serve an enforceable judgment requiring the tenant to leave the tenant and, if necessary, move their personal property to a licensed public warehouse. In this situation, the landlord is obliged to pay relocation costs, but is entitled to a refund by the tenant. The tenant has the unique opportunity to claim items of personal or sentimental value from the warehouse and can claim all personal items from the warehouse after paying the fees charged by the warehouse. Some landlords prefer verbal agreements, but it`s more common for them to require your signature on a written lease. Read the rental agreement carefully before signing it. The formal eviction process is called the summary process and begins when the landlord files a complaint with the court. During the eviction process, the tenant has the right to defend himself against eviction and to assert counterclaims for damages. Regardless of the type of rental, the tenant has the right to move into the apartment and the landlord can only enter the apartment under certain circumstances.

The landlord must agree in advance with the tenant to enter the apartment to make repairs, inspect the condition of the apartment or show the apartment to potential tenants, buyers or real estate agents. However, the landlord may enter an apartment without the tenant`s consent if there is a mechanical or repair emergency that may damage the entire building, or if it appears that the tenant has vacated the apartment. Landlord/tenant forms Frequently requested forms and form letters for landlord/tenant situations Except in certain circumstances and under certain conditions, a landlord cannot interrupt a tenant`s utilities unless the interruption is the result of bona fide repairs, construction or an emergency. See Tex. Prop. Code Ann., § 92.008. If the tenant has violated the lease or the requirements of the Montana Residential Landlord and Tenant Act, the landlord may terminate a lease with 14 days` notice to the tenant, except in the following circumstances: whether it is a lease or a lease at will, the tenant must pay the rent, follow the rules agreed with the landlord, and take responsibility for damage to the apartment that is more than just “normal wear and tear”. The landlord must provide an apartment that is safe, clean, and complies with the Massachusetts Health Code and must honor all lease promises.