How to Dispute a Lease Agreement
Another important aspect of the lease is the deposit. If the landlord decides to collect a deposit, the lease must indicate the amount paid and describe the tenant`s rights to return the deposit. The deposit amount cannot exceed one month`s rent and the money collected must be stored in a separate interest-bearing account with a Massachusetts bank. The tenant must receive a receipt for the deposit, which includes the name and location of the bank, the amount deposited and the account number on which the money will be held. The tenant is entitled to all interest paid by the bank on the basis of the deposit. When open communication and mediation fail, the last resort for many landlord-tenant disputes is in Small Claims Court. Small Claims Court can generally only hear limited types of cases, and cases must include a certain amount of money, such as a rent increase, unpaid rent, or an unpaid deposit for rental housing. For example, an independent external mediator may be hired to enter into an agreement between the landlord and tenant. Although the mediator is often confused with a judge, he or she does not have the power to bind either party to an agreement and is simply there to facilitate communication between the landlord and the tenant. Mediation services are often offered at little or no cost through various programs. Imagination is your limit when it comes to the everyday forms of conflict that can arise between landlord and tenant. Smoking is a classic conflict between tenant and landlord. Smoking cigarettes produces a smell that spreads its joy or misery – depending on your point of view – from room to room, from unit to unit.
The benefits of a smoke-free life are significant: fewer apartment fires, a larger pool of responsible tenants, shorter vacancy rates and lower maintenance costs. The landlord must also ensure that the tenant receives a legible copy of the lease. The lease should include the following: Understanding the requirements for Massachusetts leases and the legal process involved in litigation is essential to protecting your rights. At Katz Law Group, we have represented the interests of landlords and tenants in Marlborough, Worcester, Framingham and the rest of the state for over 35 years. Please call us at 508-480-8202 or contact us online today. If a landlord does not maintain the rented space in a habitable condition, a tenant is allowed to withhold a portion of the rent after the tenant notifies the violation of the habitability guarantee. Although permissible, such a measure is serious and appropriate legal advice should first be sought. A landlord can usually terminate a lease without giving reasons after the end of the rental period. Find out what happens at the end of the lease term, how to avoid retaliation, and more. A lease is a contract for the rental of real estate (commonly known as leasing).
Lease agreements may be concluded in writing or verbally. Most leases are written because verbal agreements can be subject to misunderstandings and are difficult to prove in the event of a dispute. A written lease can be a formal contract or simply a copy of a letter detailing the rights and obligations of the landlord and tenant. A landlord has the discretion to collect various deposits as well as certain rents in advance. You should be careful when paying in advance unless you have decided to move into the unit. A tenant who pays in advance but then decides not to occupy the dwelling CANNOT be entitled to a refund. It must be indicated in the rental agreement if the prepaid money is not refundable. Massachusetts law establishes certain requirements for leases.
Real estate disputes may arise over the terms of the lease or a violation of the agreed terms. It is important to understand these rights and the remedies available in the event of a breach to ensure that your rights are protected. If a tenant violates the residential lease or the responsibilities listed in the Residential Tenancies Act, a landlord can apply to the Provincial Civil Court or the Residential Tenancies Dispute Resolution Service for one of the following remedies: Florida law provides that a military member may terminate their lease under certain conditions. Of course, not all disputes can be easily resolved by simply talking to your landlord. If you can avoid going to court, this is usually the best and most cost-effective option. One option is to hire an external mediator to help draft an agreement between the two parties, which is not binding but can facilitate communication. You can find a cost-effective mediation program to deal with landlord-tenant disputes through private companies and bar associations. Read and review your lease before signing it.
Landlord/tenant laws vary from state to state – You may need to look for resources to advise you on local tenant laws. Print and record any correspondence related to issues related to the rental property or your rental. It is good to resolve potential disputes between landlords and tenants in advance. Start thinking and examining what forms of lease violations are common and how they are treated (or mismanaged). Also, make sure you are up to the end of your lease. If you violate your contract, it means that you have violated the rules of the rental or rental agreement. Even with laws that protect you as a tenant. A breach of your lease can result in eviction, which is stressful.
Check out the U.S. Department of Housing and Urban Development (HUD) list, which lists landlord/tenant laws by state. Do not ignore any problems in the rental agreement. Put them in touch with the landlord to see if any changes can be made or if an agreement can be reached. This can help avoid future litigation that may arise from a breach of contract. Disputes between landlords and tenants are so common that you may need the help of a lawyer when they arise. In the event of a dispute, we can help you. With a team of lawyers at your fingertips, LegalShield is ready to help.
Disputes about a lease can arise over a variety of issues between a landlord and a tenant. Common examples of lease disputes include: A landlord and tenant agree to assume certain responsibilities when entering into a lease. The Tenancies Act lists the obligations that are mandatory – those that must be fulfilled by landlords and tenants. There may be other responsibilities that are agreed to verbally or in writing by the landlord and tenant. The Responsibilities section of this website lists the legal obligations that arise in rental situations in residential buildings. Most often, disputes arise between landlords and tenants because the landlord or tenant has not fulfilled one of their responsibilities. In some situations, there may be penalties if you fail to fulfill your responsibilities. You may be tired of trying to negotiate a dispute between landlords and tenants yourself. If you don`t get the results they were hoping for, you may need professional advice on how to come up with a solution. Consider talking to an experienced local landlord-tenant lawyer for helpful legal advice.
As often happens, during a rental, it can happen at a time when an owner-tenant dispute arises. These disputes can arise on many different topics, including leases related to rental properties, tenants` rights, liability for property repairs, rent, eviction, etc. In most cases, however, lawyers and time spent in court should be the last option to address these concerns. A tenant must notify the landlord in writing by hand delivery or mail of any non-compliance with Florida law or lease requirements. The written notice also indicates the tenant`s intention to terminate the lease due to this non-compliance. The tenant can terminate the tenancy agreement if the landlord does not comply within seven days of giving the written notice. The last resort for resolving disputes after direct communication and mediation fail is to take legal action in your local small claims court. While they can`t hear all types of cases, most landlord disputes involving less than a certain amount of money (usually a few thousand dollars) can be dealt with in small claims. Issues that are usually resolved in small claims court include, for example, disputes over unpaid rents or unreturned deposits.
While you usually don`t need legal representation for a small claims court, many states (including California) don`t even allow parties to appoint attorneys. Please note that if these events occur, the landlord can provide the tenant with three days` notice to pay the rent. We help commercial and private landlords, as well as commercial and private tenants, resolve a number of commercial rental disputes, including: A tenant is an equal party to the landlord.. .