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SECURITY DEPOSIT QUESTIONS
EVICTION QUESTIONS
LEASE QUESTIONS
BREAKING YOUR LEASE QUESTIONS
RENT QUESTIONS
MISCELLANEOUS QUESTIONS

Legal eBooks

Landlord's Eviction Kit: Landlord's Guide to Evictions in Ohio
Our step by step guide on how to proceed with your own eviction.
Ohio Three Day Eviction Notice
Landlord's Guide to Ohio Landlord Tenant law
Obtain a sample lease
Sample lease that a landlord can edit for his/her own use.

Ohio Renters' Rights: Taking on your landlord.
Our book on every aspect of the landlord tenant relationship.
Tenant's Guide to Fighting Evictions in Ohio
Your legal rights to fighting an unlawful eviction.
Answers to your questions on how to get out of your lease.
Everything you wanted to ever know about Beth on how to break your lease.
How to make the best case to get your security deposit back.
Complete with proper notices and sample complaint against your landlord.
How to get your landlord to make repairs.
Step by step guide to get your landlord to make repairs.
What to do about noisy neighbors.
Action plan for dealing with noisy neighbors.

Legal Forms

Landlord's corner

Landlord's Corner
Evictions and unauthorized practice of law
Ohio Law and Self-help Evictions
Unauthorized Entry and ORC 5321.04 and 5321.05
Abandonment clauses in leases
Late fees in Ohio
Recommended reading for landlords

Court cases involving issues confronted by landlords

Illegal evictions and lockouts

Landlord's unlawful self-help eviction results in liability for attorney's fees and nominal damages
Woods of Northland pays for lockout
Rolf and Ellen Kates dba Elro Enterprises sued for illegal self help eviction

Withholding security deposits

Pine Grove Apartments not credible in withholding case
Donna Dreher unlawfully withholds security deposit from tenant
Landlord Talbott tries to collect $560.10 to clean ceilings and walls
F&W Properties tries to hold security deposit of tenants who already moved out
Attorneys fees awarded against Mary Ann Tittel

Patricia Martin

Court orders Martin to pay security deposit and double damages
Patricia Martin ordered to pay $2700 in attorney's fees for withholding security deposit
Patricia Martin cries foul over court decision against her
Judge Sunderman rejects Martin's arguments

Velva Dunn

Velva Dunn ordered to pay wrongfully withheld portion of tenant's security deposit plus double damages
Columbus realtor, Velva Dunn, ordered to pay attorney fees of former tenant
Court rejects Dunn's arguments against attorney fees
Trial court affirms attorney's fees against Velva Dunn
Appeal brief filed in Velva Dunn case
Trial court affirms attorney's fees against Velva Dunn

Attorneys fees for violation of ORC section 5321.05

Westmoreland collects attorney fees against tenant

Frequently Asked Questions

Frequently asked questions concerning evictions and eviction cases
Q. Can my landlord evict me for excessive noise?
Q. Can a landlord accept rent from tenants after he has posted a three day notice of eviction and still maintain the eviction?
Q. I recently complained to my landlord about some problems at the apartment, and now he has placed a notice of eviction on my door. Can he evict me for complaining?
Q. Recently, I was late by two days, and now my landlord wants to evict me for failing to pay the rent on time. Can he evict me?
Q. Can my landlord lock me out or turn off the utilities if I violate a term of the rental agreement?
Q.Can a landlord evict me for the actions of my guests?

Frequently asked questions concerning security deposits and security deposit cases
Q. What steps should I take to ensure receiving my security deposit back from my landlord?
Q. My landlord will not give me my security deposit back. What rights do I have?
Q. How specific does the landlord have to be in the written list of deductions from my security deposit?
Q. Do I absolutely have to give written notice of my forwarding address to get my security deposit back?
Q. Can my landlord ask for a security deposit before showing me my apartment and signing the rental agreement?
Q. My landlord is claiming that he is only the rental manager, not the owner, and I must sue the owner if I want to get my security deposit back. Is he right?
Q. My landlord sold the apartment in which I live during the term of the lease. I have moved out and the new rental manager is telling me that I must recover the security deposit from the previous owner. To whom do I look for the return of the deposit?
Q. Who has the burden of proving proper withholding from the security deposit?
Q. Can my landlord charge me for carpet cleaning?
Q. Is a Tenant entitled to double damages and attorneys fees for wrongfully withheld security deposit
Q. Is a Tenant entitled to double damages and attorneys fees even in small claims court

Frequently asked questions concerning breaking your lease
Q. What if my roomate won't sign the lease?
Q. What if I sign a lease agreement with some roommates and they run out on me, or they do damage to the place, or we decide to split up?
Q. Can I get out of my lease because of high crime in my area?
Q. Can I move out early because of criminal activity in the area?
Q. If I get a job offer requiring me to move, is there any law allowing me out of my lease?
Q. What are the rules concerning month to month tenancies and how can they be ended?
Q. My parents have signed as guarantors on my lease. What does that mean and are they liable for rent if I don't pay?
Q. Can I get out of my lease because of concern for my safety
Condition of premises justified lease break
At trial, tenant must prove that landlord did not make effort to re-rent premises
Is oral notice good enough of intention to vacate?
Guide to breaking your lease

Frequently asked questions concerning your rent
Q. Recently, I was late by two days, and now my landlord wants to evict me for failing to pay the rent on time. Can he evict me?
Q. My parents have signed as guarantors on my lease. What does that mean and are they liable for rent if I don't pay?
Q. Can my landlord refuse to give me a receipt for my rent payments?
Q. Is it legal for an apartment community to suddenly start making tenants pay a percentage of the cumulative water bill, when none of the apartments are individually metered?
Q.My lease seems to indicate different dates for payment of rent. When is my rent due?
Q. I was in the hospital for two weeks because of a car accident when my rent became due, and was unable to make my rent payment on the first of the month. Now my landlord wants to evict me, even though I am ready to pay him what I owe. Can he evict me?

Frequently asked questions concerning unauthorized guests
Urban Hollow Apartments v. Jewell Lewis
Countrybrook Apartments v. Rhonda Forsythe
Frances Juarovisech v. Portage Metro Housing Authority
Nancy Ridenour v. Velva Dunn

Frequently asked questions concerning leases, lease violations, noise, duties of landlords, renters insurance, miscellany
Q. What if I sign a lease agreement with some roommates and they run out on me, or they do damage to the place, or we decide to split up?
Q. What are the rules concerning month to month tenancies and how can they be ended?
Q. What do I do if my landlord keeps coming into my apartment without notice?
Is my landlord responsible for injuries that occur at the premises?
Q. Is it legal for an apartment community to suddenly start making tenants pay a percentage of the cumulative water bill, when none of the apartments are individually metered?
Q. Does the landlord have a duty to remove ice and snow from the apartment grounds?
Q. I live in an apartment complex and the new tenants that moved in have parties all night and I can't sleep. I have complained to the landlord but he won't do anything. What can I do about the noisy tenants next door?
Q. What can I do if my landlord won't fix things around the apartment?
Q. What are the benefits of renters' insurance.
Q. Can my landlord order my guests never to come back to the property and then have them charged with trespass upon their return?

Ohio Landlord Tenant Act

Ohio Eviction Act

Guide to Ohio Courts

Guide to Ohio Courts
Common Pleas Courts
Common Pleas Court Forms
Ohio Federal Courts
Ohio Appellate courts
Ohio Municipal courts
Federal court guide
Ohio bar associations
Ohio agencies

Guide to Landlord Tenant law in other states

• Canada
• Alabama
• Alaska
• Arizona
• California

California Landlord Tenant Act

Definitions
Transient occupancy status
Unlawful acts by landlord to force tenant to vacate
Refuse to rent because of waterbed

Written notice concerning demolishing building
Notification of military ordnance locations
Illegal controlled substances
Notice of periodic pest control

When landlord does provide separate utility meters
Requirement of habitability
When dwelling unit deemed untenantable
Tenant obligations

Landlord obligations
Requirement of inside telephone wiring
When tenant may make repairs
Waiver or modification of 1941/1942 rights void

Tenant defenses to unlawful detainer
When landlord prohibited from demand/collect/increase rent
Retaliation
No liability for trespass

Presumption of month to month tenancy
Unspecified term determined by estimation of rent
When holdover becomes renewal
When renewal provision effective

Notice of intent to terminate tenancy
Notice of intent to terminate tenancy
Notice to terminate by lodger in owner occupied unit
When rents payable at termination of holding

Landlord obligations
Limitations on penalties for owners attempting to comply with rent programs
Permissible rent levels
Eviction for purpose of relative's intention to occupy

Excess rent charged by owner
When fees taxable to public agency
Attornment of tenant to stranger
Tenant's duty to inform landlord of notice to recover property

Definitions
Lessor's recovery for breach of lease
When property considered abandoned
Remedies for abandonment

Liquidated damages applies to lease of real property
Advance payment
Lessor's right to equitable relief
Choice of remedies, unlawful detainer

1951 and 1952 not applicable where
Unlawful detainer action after tenant has vacated
Natural resource agreement
When 1951 and 1952.2 not applicable

• Colorado
• Connecticut
• Delaware
• Florida

Florida Landlord Tenant Act

83.40 short title
83.41 Application
83.42. Exclusions from application of part
83.43. Definitions

83.44. Obligation of good faith
83.45. Unconscionable rental agreement or provision
83.46. Rent; duration of tenancies
83.47. Prohibited provisions in rental agreements

83.48. Attorney's fees
83.49. Deposit money/advance rent; duty of landlord/tenant
83.50. Disclosure
83.51. Landlord's obligation to maintain premises

83.52. Tenant's obligation to maintain dwelling unit
83.53. Landlord's access to dwelling unit
83.535. Flotation bedding system; restrictions on use
83.54. Enforcement of rights and duties; civil action

83.55. Right of action for damages
83.56. Termination of rental agreement
83.57. Termination of tenancy without specific term
83.575. Termination of tenancy with specific duration

83.58. Remedies; tenant holding over
83.59. Right of action for possession
83.595. Choice of remedies upon breach by tenant
83.60. Defenses to action for rent or possession; procedure

83.61. Disbursement of funds in registry; prompt final hearing
83.62. Restoration of possession to landlord
83.625. Power to award possession and enter money judgment
83.63. Casualty damage

83.64. Retaliatory conduct
83.67. Prohibited practices
83.681. Orders to enjoin violations of this part
83.682. Termination of rental agreement by a servicemember

Florida Forcible Entry and Detainer Act

Section 82.02. "Unlawful entry and unlawful detention" defined.
Section 82.03. Remedy for unlawful entry and forcible entry.
Section 82.04. Remedy for unlawful detention.
Section 82.05. Questions involved in this proceeding.

Section 82.061. Process.
Section 82.071. Trial; evidence as to damages.
Section 82.081. Trial; form of verdict.
Section 82.091. Judgment and execution.

Section 82.101. Effect of judgment.

• Georgia
• Hawaii
• Idaho
• Illinois
Illinois Security Deposit Return Act
Illinois Security Deposit Interest Act
Illinois Retaliatory Eviction Act
Illinois Residential Tenants' Right to Repair Act
• Indiana

Select portions of Indiana Landlord Tenant Act
Indiana Security deposit defined
Return of deposits; deductions; liability
Use of deposits
Notice of damages; refund of remaining deposits

Remittance of full deposit
Liability for withheld deposit
Waiver of chapter
Disclosure of Managers and Agents
Sale of property; liability for deposits

Landlord Obligations
Tenant's cause of action to enforce landlord obligations

• Iowa
• Kansas
• Kentucky
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota

Minnesota Landlord Tenant Act

Definitions
Distress for rent
Written lease required; penalty
Tenant to be given copy of lease

Tenant may not deny title; exception
Person in possession liable for rent; evidence
Rent liability; uninhabitable buildings
Terminating tenancy at will

Urban real estate; holding over
Restriction on automatic renewals of leases
Restriction on residential lease terms for buildings . . .
Tenant must give cold weather notice before vacation of building.

Covenants of landlord or licensor
Unlawful destruction; damages
Covenant of landlord and tenant not to allow unlawful . . .
Applicant screening fee

Prelease deposit.
Interest on security deposits; withholding security deposits;
Landlord or agent disclosure
Inspection; notice

Disclosure required for outstanding inspection and
Action for rental of condemned residential premises
Residential tenant's right to seek police and . . .
Residential tenant's right to privacy

Billing; loss of services
Unlawful termination of utilities
Intentional ouster and interruption of utilities
Damages for ouster

Definitions
Residential tenant reports; disclosure and corrections
Tenant report; remedies.
Recording of notice of cancellation of leases

Termination notice requirement federally subsidized housing.
Pets in subsidized handicapped accessible rental housing units
Termination of lease upon death of tenant
Tenant's personal property remaining in premises

• Mississippi
• Missouri
• Montana
• Nebraska
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina

North Carolina Landlord Tenant Act

Lessor and lessee not partners
Attornment unnecessary on conveyance of reversions
Term forfeited for nonpayment of rent
Recovery for use and occupation

Rent apportioned, where lease terminated by death
Rents, annuities, etc., apportioned, where right to payment terminated by death
In lieu of emblements, farm lessee holds out year, with rents apportioned
Grantees of reversion and assigns of lease have reciprocal rights under covenants

Agreement to rebuild, how construed in case of fire
Tenant not liable for accidental damage
Willful destruction by tenant misdemeanor
Lessee may surrender, where building destroyed or damaged

Wrongful surrender to other than landlord misdemeanor
Notice to quit in certain tenancies
Rent control
Death, illness, or conviction of certain crimes not a material fact

Notice of conversion of manufactured home communities
Landlord's lien on crops for rents, advances, etc.; enforcement
Landlord's lien on crop insurance for rents, advances, etc.; enforcement
Rights of tenants

Action to settle dispute between parties
Tenant's undertaking on continuance or appeal
Crops delivered to landlord on his undertaking
Crops sold, if neither party gives undertaking

Tenant's crop not subject to execution against landlord
Unlawful seizure by landlord or removal by tenant misdemeanor
Failure of tenant to account for sales under tobacco marketing cards
Terms of agricultural tenancies in certain counties

Turpentine and lightwood leases
Mining and timberland leases
Manner of ejectment of residential tenants
Distress and distraint not permitted

Contrary lease provisions
Remedies
Tenant holding over may be dispossessed in certain cases
Local: Refusal to perform contract ground for dispossession

Summons issued by clerk
Service of summons
Judgment by confession or where plaintiff has proved case
Trial by magistrate

Damages assessed to trial
Rent and costs tendered by tenant
Undertaking on appeal and order staying execution
Rent pending execution of judgment; post bond pending appeal

Restitution of tenant, if case quashed, etc., on appeal.
Damages to tenant for dispossession, if proceedings quashed, etc.
Lease or rental of manufactured homes
Judgments for possession more than 30 days old
Notice to tenant of execution of writ for possession of property; storage of evicted tenant's personal property

Retaliatory Eviction
Defense of retaliatory eviction
Remedies
Waiver

Residential Rental Agreements
Application
Exclusions
Definitions
Mutuality of obligations

Landlord to provide fit premises
Water conservation
Tenant to Maintain Dwelling Unit
General remedies, penalties, and limitations

Early termination of rental agreement by military personnel
Late fees

Tenant Security Deposit Act
Deposits from the tenant
Permitted uses of the deposit
Landlord's obligations

Pet deposits
Transfer of dwelling units
Remedies
Application of Article

Expedited Eviction of Drug Traffickers and Other Criminals
Definitions
Statement of public policy
Nature of actions and jurisdictions
Standard of proof

Parties
Remedies and judicial orders
Affirmative defense or exemption to a complete eviction
Motion to enforce eviction and removal orders

Impermissible defense
Expedited proceedings
Relation to criminal proceedings
Protection of threatened witnesses or affiants

Landlord's obligations
Collection of rent
Preliminary or emergency relief
Cumulative remedies
Civil immunity

• North Dakota
• Ohio
• Oklahoma
• Oregon

Select portions of Oregon Landlord Tenant Act

Unconscionability
Types of payments landlord may require or accept; written evidence of payment
Delivery of possession
Landlord acts that imply acceptance of tenant abandonment

Prohibited provisions in rental agreements; remedy
Late rent payment charge or fee; restrictions; calculation
Vehicle tags
Applicant screening charge

Prohibition on charging deposit or fee to enter rental agreement
Security deposits
Tenant duties
Discrimination against tenant or applicant; tenant defense

• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota

South Dakota Landlord Tenant Act

43-32-1. Leasing of real property - Definition
43-32-2. Limited term of lease
43-32-3. Hiring of real property presumed for one year--Exception.
43-32-4. Hiring of lodgings--Length of term--Presumption

43-32-5. Lease of real property for more than one year
43-32-6. Obligations of lessor of real property
43-32-6.1. Maximum security deposit
43-32-8. Residential lessor to keep premises in repair

43-32-9. Failure of lessor to repair premises
43-32-10. Preservation of premises by lessee
43-32-11. Use of premises when leased for particular or specified purpose
43-32-12. Time for payment of rent

43-32-13. Modification of lease
43-32-14. Retention of possession by lessee
43-32-15. Renewal of hiring of real property presumed
43-32-16. Tenant receiving notice of adverse proceedings

43-32-17. Attornment of tenant to stranger
43-32-18. Termination of lease by landlord before end
43-32-19. Termination of lease by tenant
43-32-20. Assignment of lease by lessee

43-32-21. Assignment of lease by lessor
43-32-22. Termination of lease
43-32-22.1. Continuation of farm lease absent notice
43-32-23. Termination of lease at pleasure of either party

43-32-24. Return of security deposit
43-32-25. Small amount of tenant's property left
43-32-26. Storage of tenant's valuable property left
43-32-27. Cause of action against lessor for retaliatory conduct.

43-32-28. Lessee's remedies for retaliatory conduct by lessor.
43-32-29. Rights and remedies preserved.
43-32-30. Disclosure of knowledge of existence of prior manufacturing of methamphetamines.

• Tennessee
• Texas

Texas Landlord Tenant Act; general provisions

Definitions
Application
LANDLORD'S AGENT FOR SERVICE OF PROCESS
Harassment

Attorney's fees
Waiver of Expansion of Duties and Remedies
Venue
Interruption of Utilities

Removal of Property and Exclusion of Tenant
Tenant's Right of Reentry after Unlawful Lockout
Occupancy Limits
Cash Rental Payments

Notice to Tenant at Primary Residence
NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY
Personal Property and Security Deposit of Deceased Tenant
Tenant's Right to Summon Police or Emergency Assistance

Application
Landlord's duty to repair
Burden of proof
Casualty loss

Closing the rental premises
Notice and time for repair
Tenant's Repair and Deduct Remedies
Landlord affidavit for delay

Tenant's Judicial Remedies
Landlord remedy for tenant violation
Agents for Delivery notice
Effect on other rights

Application
Security deposit
Obligation to refund
Conditions for retention of security deposit/rent prepayment

Retention of security deposit; accounting
Presumption of refund or accounting
Cessation of Owner's interest
Records

Tenant's Forwarding Address
Liability for withholding last month's rent
Liability of landlord

Definitions
Application of subchapter
Security devices required w/o tenant request
Height, Strike Plate, and Throw requirements of dead bolt

Height Requirements - sliding door security devices
Rekeying or change of security devices
Security devices requested by tenant
Landlord's duty to repair/replace security device

When Tenant's Request/notice must be in writing
Type, brand, and manner of installation
Compliance with tenant request required w/in reasonable time
Payment of charges; limits on amount charged

Removal or alteration of security device by tenant
Tenant remedies for failure to install or rekey
Landlord's defenses for failure to install
Tenant remedies for other violations

Notice of Tenant's deduction of repair costs from rent
Landlord's defenses relating to compliance w/tenant's request
Tenant's remedy on notice from management company
Agent for delivery of notice
Effect on other landlord duties and tenant remedies

Disclosure of Ownership and Management
Landlord's failure to disclose information
Landlord's failure to correct information
Bad faith violation

Remedies
Landlord's defense
Agent's for delivery of notice
Additional enforcement by local ordinance

Smoke detectors
Definition
Application of other law; municipal regulation
Exemptions
Smoke Detector

Installation and location in new construction
Installation in units constructed before 9/1/1981
Installation procedure
Inspection and repair

Landlord's failure to install, inspect or repair
Tenant's remedies
Landlord's defenses
Tenant's disabling of smoke detector
Agents for delivery of notice

Utility cutoff
Landlord liability to tenant for utility cutoff

Retaliation
Retaliation by landlord
Nonretaliation
Tenant remedies
Invalid complaints
Eviction suits

Rental application deposits
Definitions
Rejection of applicant
Procedures for notice or refund
Liability of landlord

• Utah
• Vermont

Vermont Landlord Tenant Act

Definitions
Exclusions
Obligations implied
Attempt to circumvent

Tenant obligations; payment of rent
Tenant obligations; use and maintenace of premises
Residential rental application fees; prohibited
Landlord obligations; habitability

Habitability; tenant remedies
Minor defects; repair and deduct
Access
security deposits

Abandonment; unclaimed property
Illegal evictions
Remedies for illegal evictions
Retaliatory conduct prohibited

Termination of tenancy; notice
Termination of tenancy; action for possession
Termination of occupancy of farm employee housing

• Virginia
• Washington
• West Virginia
• Wisconsin

Wisconsin Landlord Tenant Act

Definitions
Requirement of writing for rental agreements and termination
Rights and duties of landlord and tenant in absence . . .
Water heater thermostat settings

Repairs; untenantability
Transferability; effect of assignment or transfer; remedies
Lien of landlord
Acts of tenant not to affect rights of landlord

Requirement that landlord notify tenant of automatic . . .
Notice terminating tenancies for failure to pay rent or . . .
Notice necessary to terminate periodic tenancies . . .
Manner of giving notice

Service of process in residential tenancy on nonresident party
Removal of tenant on termination of tenancy
Effect of holding over after expiration of lease; removal of tenant
Damages for failure of tenant to vacate at end of lease or . . .

Recovery of rent and damages by landlord; mitigation
Remedy on default in long terms; improvements
Remedies available when tenancy dependent upon life . . .
Retaliatory conduct in residential tenancies prohibited
Disclosure duty; immunity for providing notice about the sex . . .