my tenants lawyer asks me how many rental units i have

by Jerome Koepp 3 min read

Is the landlord legally required to repaint rental units between tenants?

One option is to hire a lawyer to sue the landlord in court. Another option is to file a fair housing complaint with the Department of Housing and Urban Development (HUD), or a state or local agency in HUD's Fair Housing Assistance Program (FHAP). HUD and state and local agencies in FHAP receive over 10,000 discrimination complaints a year.

What kind of questions can a landlord ask a tenant?

No state law requires landlords to repaint a rental unit in between tenants. Some local (city or county) ordinances might require landlords to repaint under certain circumstances. For example, New York City requires most landlords to repaint their rental units every three years. (N.Y.C. Admin. Code § 27-2013.)

Can a landlord ask a tenant about a criminal record?

Apr 03, 2015 · 4. Do you have any arrests? Many landlords believe that an applicant’s entire history with the law is fair territory for questions. While a background check will reveal if an applicant has ever been convicted of something, landlords cannot ask if an applicant has been arrested. Many people are arrested and let go, or arrested and not convicted.

Do I need a lawyer to file a lawsuit against my Landlord?

Jan 07, 2022 · Evictions in Maryland. Nonpayment of Rent – Rent is considered late the day after it’s due. No prior written notice is needed to begin an eviction process. Lease Violation – If a tenant does not uphold their responsibilities under the terms of the lease or commits an illegal activity, a landlord may issue a 30-Day Notice to Quit.

How many units do most landlords own?

Tax data on businesses that own rental property is harder to come by. However, that same HUD researcher has estimated that there are fewer than 1 million “business entity” landlords, adding that they “likely own an average of more than 20 units, with many managing hundreds of units.”Aug 2, 2021

Can landlord limit number of tenants BC?

Protection from Discrimination In most cases, a landlord can't refuse to rent a property to a family with children, though, they can limit the number of people living in a rental unit.

What a landlord Cannot do in Texas?

This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants. The right to health and safety in your home.Aug 21, 2015

Can landlord charge late fees during pandemic in Texas?

Can I be charged late fees? Yes, with a few exceptions. Some rent relief programs, including the Texas Rent Relief Program, will make your landlord forgo all unreasonable late fees. Late fees over 12% of your rent per month (10% for properties with more than four units) are unreasonable.Feb 2, 2022

Can my landlord stop me having visitors?

Landlords cannot unreasonably prohibit guests from entering the rental property or charge a fee for having guests over. However, you can put specific terms in your lease that relate to tenants' guests and their rights.

How many people can live in a one bedroom apartment Canada?

two peopleThe regulations state that only two people can live in a one-bedroom apartment.Dec 23, 2004

Can I sue my landlord for emotional distress in Texas?

You can sue for intentional infliction of emotional distress if you can prove that there was intentional conduct involved. This is often the case in “road rage” cases that lead to bodily injury.

Can my landlord raise my rent during the pandemic in Texas?

Even now, during the COVID-19 pandemic, there are no current ordinances preventing a rent hike in Texas. In March and April, though, two counties – Hidalgo and El Paso – did freeze rent temporarily.

How much can a landlord raise your rent in Texas?

Truth: Texas has no “rent control” laws that limit the amount of rent increases. Myth: A signed lease is not valid until a deposit is paid or until the tenant moves into the property. Truth: Even if the landlord never receives rent and the tenant never moves in, the tenant is liable under the lease once it is signed.

Why is rent so high in Texas 2021?

Renters are seeing their housing costs jump as population increases, strict zoning regulations and rising home sales push up rent prices.Feb 4, 2022

Can you go to jail for not paying rent?

You could be sent to prison for 5 years or get an unlimited fine for renting property in England to someone who you knew or had 'reasonable cause to believe' did not have the right to rent in the UK.

What is a good reason to be late on rent?

A legitimate reason for a late rent payment, such as recent illness or injury, may help your situation if you talk with the landlord, but poor excuses such as holidays, spending too much money, or having other bills to pay are not likely to create any sympathy.

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

Can a Landlord Enter Without Permission in Maryland?

There is no statewide standard for landlord entry notification. As such, unless a lease states otherwise, landlords can enter properties without pe...

Is Maryland a “Landlord Friendly” State?

Maryland is a fairly landlord-friendly state as housing prices are high and most areas do not practice rent control. There are also few regulations...

What Are a Tenant’s Rights in Maryland?

Tenants in Maryland have the right to a habitable dwelling and the right to take at least two forms of alternative action if their repair requests...

Can a Tenant Change the Locks in Maryland?

Tenants in Maryland may be allowed to change their locks as the law does not forbid them from doing so. That being said, it is recommended that ten...

Landlords might have to repaint a rental in only a few situations

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What questions should landlords ask?

Landlords can safely screen potential tenants by asking about the following topics: employment history . credit history. income.

Can landlords discriminate against people with mental disabilities?

Under the FHA, landlords are not allowed to discriminate against people who have a physical or mental disability that substantially limits one or more major life activities. Some examples of these activities include:

Can a landlord ask about nationality?

Similar to the reason stated above regarding race, landlords are not allowed to ask about an applicant’s nationality. Doing so is a violation of the FHA and can get the landlord in a lot of trouble, such as requiring them to pay fines, punitive damages, and attorneys' fees.

Can landlords ask about prior arrests?

However, landlords cannot ask about prior arrests, given that simply because a person is arrested does not mean that they were guilty of a crime. Conviction records are relatively easy to verify with a background check.

Can a landlord ask about race?

When a landlord hands out a rental application, it can’t include a question about the race of the applicant. Under federal antidiscrimination law (specifically the federal Fair Housing Act (FHA), 42 U.S. Code §§ 3601-3619, 3631 ), landlords may not discriminate against prospective tenants and current tenants based on their race. Therefore, a question regarding race can’t be a part of the rental application.

Can you ask about someone's age in a rental interview?

Asking about someone’s age during a rental application interview is another piece of information that is protected.#N#Landlords cannot ask about a person’s age, whether they are quite young or seniors.#N#There are a few exceptions to this rule, as for retirement or senior communities that comply with 55+ state and federal regulations, but in general, keep any questions and assumptions about age to yourself.#N#It takes practice to conduct an interview that meets your needs for screening the tenant, while steering clear of those topics that could land you right in the middle of a discrimination lawsuit. It’s a good idea to create a list of questions beforehand, keep the interview succinct and professional and trust your background screening service to pull up any significant issues for your attention.

Can landlords ask if an applicant has been arrested?

While a background check will reveal if an applicant has ever been convicted of something , landlords cannot ask if an applicant has been arrested. Many people are arrested and let go, or arrested and not convicted.

Can you ask if you are married in an interview?

When any couple–straight or gay, old or young–applies to rent a property, it may seem natural or even friendly to ask whether they are married or engaged.#N#Questions about familial status are not allowed in the interview process for prospective tenants, and some states and municipalities have laws that specifically prohibit questions about marital status.#N#As a landlord, you can still screen both people and see if they qualify by your pre-set standards but their marital status should never be a factor in that decision or a part of that interview.

What rights do landlords have?

Landlords also have certain rights, such as the right to collect rent on a regular basis and the right to collect for damages to property that exceed normal wear and tear. Note: These rights exist regardless of a rental agreement stating otherwise. In addition to the below, check your local county and municipality for additional landlord-tenant ...

What are the rights of a tenant in Maryland?

2 Sec. 12-203 ), tenants in a lease agreement are automatically granted certain rights, such as the right to a habitable dwelling and the right to take some forms of alternative action. Landlords also have certain rights, such as the right to collect rent on a regular basis and ...

How long does it take to repair a house in Maryland?

Maryland landlords are required to provide and maintain a habitable dwelling and make all requested repairs in a “reasonable” time frame, which is normally interpreted as 30 days.

Can a landlord evict a tenant in Maryland?

At-will tenants are entitled to receive at least 1 month’s advance notice if they rent on a month-to-month basis. It is illegal for Maryland landlords to evict a tenant in retaliation or for discriminatory reasons. Read more.

Can you change locks in Maryland?

Changing the Locks in Maryland. Tenants in Maryland may be able to change the locks on their own without prior permission as the state’s law lacks guidance on the matter. Landlords are explicitly forbidden from changing the locks as a form of eviction (i.e. “lockouts”).

How long does a small claims court have to hear a rent case?

Small claims court will hear rent-related cases valued up to $5,000, including eviction cases. Cases of higher value need to be brought up to the state’s district courts. Both oral and written contracts have a 3-year statute of limitations.

Does Baltimore have a smoke detector ordinance?

The city of Baltimore has regulations that require the installation of smoke detectors and that landlords must disclose whether the unit likes in a floodplain. More information on these and other local ordinances can be found here.

What rights do landlords have?

Landlords also have rights, such as the right to collect rent in a timely manner and the right to be reimbursed for damages that exceed normal wear and tear. Note: These rights exist regardless of a rental agreement stating otherwise. In addition to the below, check your local county and municipality for additional landlord-tenant regulations.

What happens if a tenant violates a lease?

Lease violation – If a lease violation occurs then the landlord may issue a Demand for Compliance or Right to Possession Notice. The tenant then has 3 days to correct their behavior, then the landlord may initiate evictions.

What are the rights of a tenant in Colorado?

Under Colorado law ( C.R.S. Title 38, Art. 12 ), a lease agreement grants certain rights and responsibilities. Tenants have the right to a fit and habitable unit and to take some forms of alternative action. Landlords also have rights, such as ...

How long does it take to fix a house in Colorado?

In Colorado, landlords have a responsibility to provide a habitable dwelling and to make repairs in a timely manner (24 hours). If they do not, then Colorado tenants are empowered to make the repairs themselves and deduct the cost from rent.

What is the Fair Housing Act?

Protected groups. The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, sex, religion, familial status, or disability. These rules do not apply to owner-occupied homes or homes operated by religious organizations. Colorado law extends protections in housing to people based on their marital status, ancestry, sexual orientation, gender identity, and ownership of a service animal.

How much does a small claims court in Colorado have to hear?

Colorado small claims court will hear rent-related disputes totaling up to $7,500 or less, although they will not handle eviction cases. Both oral and written contracts in Colorado have a 3-year statute of limitations.

Can a landlord enter a property in Colorado without permission?

Given that the state lacks statutory guidance on the issue, landlords in Colorado are technically able to enter properties at any time without permission. As such, landlords and tenants must agree on entry notification policies in the lease.

What time can a landlord enter a rental unit?

9 a.m. to 5 p.m. The only hours that landlords are able to enter a renter's unit in many jurisdictions: in other words, regular business hours on weekdays, from Monday to Friday. A tenant cannot deny a landlord's access to the property when proper notice is given and the request is reasonable.

How long do you have to give notice to a tenant?

According to many state statutes, they must provide at least 24-hour notice if they wish to enter an occupied property. 3 The notice must outline the reason for access and must be given in writing unless indicated otherwise by the tenant.

How does a lease work?

A lease is a legally binding contract. Once signed, there are very few circumstances under which the landlord can raise the rent. The only way the terms can be changed is if the increase meets a certain set of conditions in the lease itself. These may include: 1 A new tenant joining the household 2 The addition of a pet 3 If the landlord significantly remodels part of the property

What is the Fair Housing Act?

The Fair Housing Act prohibits a landlord from discrimination in renting, representing properties, or providing services to tenants. 1. Enter Without Proper Notice. Even though the premises technically belongs to them, landlords can’t enter a rented home whenever they feel like it.

How many Americans live in rentals?

Discriminate Against Tenants. The Bottom Line. Homeownership may be a part of the American Dream—but in reality, roughly one in three American households (nearly 36%) lives in rentals, according to a 2020 report by the Joint Center for Housing Studies of Harvard University. 1 Renting has also become much more common among ...

When will the CDC extend the eviction ban?

On September 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an Agency Order, which, as of this writing, has been extended until July 31, 2021. Applying to residents earning less than a specified amount, it bans evictions for nonpayment of rent. 6. 3.

Can landlords increase rent?

Landlords may also increase rent if the property is located in a city with rent-control or rent-stabilized ordinances that permit such changes. These ordinances define the circumstances under which the rent of qualifying properties—usually older ones—can be changed, and by how much.

How to move forward with eviction?

To move forward with eviction, you will need to send out a tenant noise complaint letter which clearly explains the problem to the tenant. The letter should also let them know what, if anything, they can do to remedy the situation.

What is noise complaint?

A noise complaint is a complaint that is received by a tenant, neighbor, or landlord whenever someone believes that too much noise is being made. Most of the time, landlords receive noise complaints from tenants about other tenants in shared buildings or from neighbors that live next door to the landlord’s rented property.

What is the right to quiet enjoyment?

The Right Of Quiet Enjoyment. When it comes to rentals and other housing , there is a right that tenants and occupants have that is known as the right to quiet enjoyment. In the case of rentals, this means that tenants have the right to enjoy the contracted property as they wish and without unnecessary interruption.

Is noisy tenants a landlord's responsibility?

Are noisy tenants a landlord’s responsibility? In the sense that it is part of your job to figure out how to proceed with complaints and disturbances, they are indeed one of your many responsibilities.

How long does it take to remove a pet from a house?

In some cases, you can give your 24hrs to remove the pet while other states may require 3-7 days to remedy the situation. Tell your tenant that if they do not comply with the timeline to remove the unauthorized pet, you will move forward with an eviction.

What happens if you have a no pets policy?

If you have a no-pets policy, state that pets are not allowed under any circumstances and if a tenant has one, it will be considered a breach of contract. Additionally, clearly state what fines will be assessed (if any) ...

What are the rules for a service animal?

What about Service Animals and Therapy Animals? 1 Service animals are not considered pets, therefore a housing providers “pet policy” does not apply to service animals. 2 Service animals are allowed wherever a person may go, including restricted animal areas like food establishments. 3 Landlords cannot collect a pet deposit or charge a pet fee to persons with a service animal (since they are not technically considered pets). 4 Landlords cannot enforce weight limits or breed restrictions for service animals. 5 Landlords can require written verification from the tenant’s health care provider that they are disabled but cannot ask for any specifics about the disability. 6 Landlords can require written verification from the tenant’s health care provider that the service animal is medically necessary. 7 Landlords can write warnings or even evict a tenant with an assistance animal is disturbing others, posing a threat to others or causing considerable damage to the property. 8 Landlords can charge a tenant for any property damage an assistance animal causes on the property. 9 Landlords can request copies of the animal’s health records to prove the animal is in good health, parasite free and immunized/vaccinated.

Why is it important to have a pet policy?

A good pet policy will protect the property, comply with insurance, and keep your tenants safe and happy. For these very reasons, some managers and owners will decide that “no pets allowed” is their policy. If you have a pet-free property, inevitably you will encounter a tenant who decides to sneak an unauthorized pet into their rental.

Can you text a tenant about a pet?

While you could easily text or call your tenant to ask them about the pet that was discovered, using an official notice form is always advisable, should you need evidence of proper procedure in court. Additionally, official notices are more likely to be taken seriously by your tenant.

Do you have to register a pet on your property?

If you allow pets on your property, your pet policy may require that all tenant animals are registered with management. You can require that a tenant tells you the animal’s breed, weight, and name, and gives you copies of current vaccinations. Along with registering the pet with management , you may choose to collect a pet deposit, a non-refundable pet fee and/or pet rent.

Do rental properties have pets?

Here are the basic guidelines for landlords and property managers, as outlined by The Department of Housing and Urban Development (HUD) in regards to service animals at rental properties. Service animals are not considered pets, therefore a housing providers “pet policy” does not apply to service animals.

What Is Your Race?

  • When a landlord hands out a rental application, it can’t include a question about the race of the applicant. Under federal antidiscrimination law (specifically the federal Fair Housing Act (FHA), 42 U.S. Code §§ 3601-3619, 3631), landlords may not discriminate against prospective tenants and current tenants based on their race. Therefore, a question regarding race can’t be a part of the re…
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What Is Your Nationality?

  • Similar to the reason stated above regarding race, landlords are not allowed to ask about an applicant’s nationality. Doing so is a violation of the FHA and can get the landlord in a lot of trouble, such as requiring them to pay fines, punitive damages, and attorneys' fees. Any inquiry that could lead to a discussion of the applicant’s birthplace, hometown, or even cultural upbringi…
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What Is Your Religion?

  • Religion is also on the don’t ask list. A landlord’s inclusion of this type of question on the rental application, or even a casual mention during an introductory conversation, could violate the FHA and expose the landlord to a fair housing complaint. Landlords must also be aware that their actions and advertising could lead to fair housing complaints. For example, a landlord who fills …
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What Is Your Sex and Sexual Orientation?

  • Another thing to leave off the rental application is a question about the gender of the applicant. This is not allowed under the FHAas it can lead to potential discrimination issues and should not be included by any means. As for sexual orientation, there is no federal law that prohibits asking this question, however, many state laws and city ordinances make it illegal to discriminate base…
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Do You Have Children?

  • Some landlords might want to rent to adults only. However, unless the rental falls under a Housing for Older Persons exemption, landlords cannot discriminate against people of a certain age or who have children. Therefore, asking whether an applicant has children is a violation of fair housing law. Landlords cannot ask if the applicant has children or whether an applicant plans o…
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Have You Been Arrested?

  • In most states, landlords can include a question about whether the applicant has previously been convicted of a crime. However, landlords cannot ask about prior arrests, given that simply because a person is arrested does not mean that they were guilty of a crime. Conviction records are relatively easy to verify with a background check. It’s important to note that it is illegal for lan…
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Are You Disabled?

  • Under the FHA, landlords are not allowed to discriminate against people who have a physical or mental disabilitythat substantially limits one or more major life activities. Some examples of these activities include: 1. mobility impairments 2. visual impairments 3. hearing impairments 4. mental illness 5. chronic alcoholism 6. severe intellectual disability, and 7. HIV, AIDS, and AIDS-Related …
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