IF YOU ARE CONSIDERING TURNING YOUR PROPERTY INTO A RENTAL, THERE ARE MANY THINGS YOU MUST CONSIDER BEFORE MAKING THAT DECISION A REALITY. /
Many property owners make the decision to become a landlord. It can be a source of passive income and help put your property to work for you. But taking that step into being a landlord can be complicated.
It is easy to be overwhelmed by the new responsibilities involved. At Hall & Wingert, we strive to make the process of becoming a landlord as simple and painless as possible.
On the other hand, if you are about to rent a property instead of buying, you may be concerned about the terms of your agreement. We can clarify any confusion you may have.
Of course, disputes do happen. If you are a landlord who is feeling concerned over the state of your property, or if you are a tenant who believes you have been wrongfully evicted, we can provide you with counsel that will guide you through these difficulties. Here at Hall & Wingert, we understand your concerns and hope to bring any and all disputes to a quick and amicable conclusion.
Rental Agreements or Leases
For leases lasting less than a year, a written rental agreement is not required. For leases longer than a year, a written agreement is required. However, it is generally considered good practice to utilize a written agreement for all rental transactions, regardless of term.
A written agreement should include any provisions decided between the landlord and tenant. It should particularly include the term of the agreement, the rental amount, the day of the month the rent falls due, the security deposit amount, the manager’s name and address, and a list specifying who pays which utilities.
At Hall & Wingert, we can examine the language of your rental agreement and ensure it protects both you and your tenants.
Eviction proceedings are something both landlords and tenants would usually prefer to avoid. When and if an eviction happens, the landlord must get a court order telling the tenants they have to move out.
The landlord must follow a specific set of steps to begin eviction proceedings. The landlord must get a court order and give the tenant proper notice of eviction. The landlord may not cut off utilities, lock the tenants out, or use other means to force the tenants out.
If you are a landlord who wishes to begin eviction proceedings, or if you are a tenant and believe you are being wrongfully evicted, Hall & Wingert can help.
Security deposits are generally paid before a client moves into the property and serve to reimburse the landlord for unpaid rent or potential damages to the property once the lease or rental agreement has expired. A landlord must return the deposit within thirty days from the date of termination of the tenancy and receipt of the tenant’s forwarding address or delivery instructions or provide to the tenant a written statement showing the specific reason for withholding any portion of the rental deposit.
The tenant may dispute the landlord’s claims, and in the case of damages has the right to inspect the property and submit his or her own statement of damage. It should also be noted that unpaid rent or property damage may provide a landlord with a reason to withhold the security deposit.
At Hall & Wingert, we can guide you through this process and help handle security deposit disputes in court.
Commercial leases are generally similar to residential leases, except there are fewer protections for commercial renters and commercial leases have additional provisions. Hall & Wingert can serve your needs in drafting commercial lease agreements and other landlord tenant law services.