5 Questions Answered About Leasing and Renting Laws
1. What is the difference between leasing and renting?
Leasing and renting are two agreements where a tenant pays a landlord for the use of a property. The main difference is in the length of the commitment:
Leasing usually refers to a long-term arrangement, often for a year or more, where both parties agree to fixed terms for the duration.
Renting typically involves shorter-term leases (e.g., month-to-month), and the tenant can terminate with less notice.
2. May a landlord raise rent during a lease?
Leases: If you have a fixed-term lease, the landlord cannot raise rent during the term of the lease unless the lease allows for rent increases (e.g., based on inflation or market conditions).
Month-to-Month Rentals: If the rental is month-to-month, the landlord can raise rent, but usually with notice-often 30 days in most jurisdictions.
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3. May a landlord enter the rental property without notice?
Typically, most places require that landlords provide some advance notice to enter the rental property. How much notice depends on the jurisdiction, but typically it is 24 hours. Landlords are only allowed to enter without notice when there is an emergency, such as a fire or flooding.
4. What if a tenant terminates a lease early?
A tenant who breaks a lease early can expect penalties that may include the following:
The tenant may have to pay the remaining rent due on the lease.
The tenant may lose his or her security deposit.
The tenant may be liable for any costs that the landlord incurred to re-rent the unit-for example, advertising costs. But in some states, landlords must try to mitigate losses by re-renting the unit as quickly as possible.
5. What are the rights of a tenant regarding security deposits?
Security deposits are used primarily to cover damage beyond normal wear and tear. The landlord is required to return the deposit minus any deductions within a set period of time (usually 30 days) after the tenant has vacated.
Landlords are required to give an itemized list of deductions.
Some places regulate the maximum amount a landlord may charge for a security deposit.