7 Times a Landlord has to pay Tenant
In most cases, the tenant is the one that pays the landlords.
Generally, the payment is the monthly rent.
However, there is a reversal of the payment in some cases. In other words, the homeowners pay their tenants.
The following are the seven times that house owners pay money to the tenant:
Pay Renters for Repairs
This can happen in two different situations.
Foremost, a situation where the house owner reimburses the renter for repairs.
Or the landlord collects less rent to make up for the money that the renter spent on repairs.
Reimburse After Repairs
In some cases, a property owner may not be able to carry out repairs at their rentals themselves.
This could be a result of being out of town, off-hours, poor weather that restricts movements or other reasons.
Resultantly, the landlord could allow the renter to repair the properties themselves or get an expert to repair them.
After repairing the rental property, the renter only has to send an invoice as well as receipts to the landlord.
This important tip for tenants must not be forgotten because only an invoice and receipts prove that the renters did the repairs.
Afterward, it is a must for the homeowner to reimburse the renter for the repairs.
Repair and Deduct
Repair and deduct is against law in some states.
Therefore, ensure that it is allowable in your state before exploring this possibility.
In a few other states, only current tenants can repair and deduct.
Basically, these are the conditions attached to repair and deduct:
- There must be significant safety or health problems at the rentals. These problems must threaten the liveability and habitability of the property. This can include faulty plumbing system or lacking heat during the winter.
- The tenant has sent notifications to the homeowner about the problem.
- The renter has sent reports to the proper agency or the building department.
- Neglectful or intentional action of the renter or their visitors did not lead to the problems.
- The agency has provided a notice to the landlord as regards the problem, with a timeframe for implementing the repairs.
- The tenant has allowed the landlord to check out the rental.
- The landlord has failed to make the repairs within the stipulated timeframe
If the aforementioned conditions are met, the renter can fix the issues and deduct the cost from the rent.
State law may put a restriction on the amount that the tenant can deduct.
This is usually a maximum of rent of four months in twelve months.
It is important for the tenant to send all invoices and receipts to the landlord.
However, if the landlord feels the amount deducted from the rent is too much, they can take legal actions.
Overcharged for Security Deposit
In lots of states, there is a limit for the maximum amount that a landlord can receive as a security deposit.
Such limits offer advantages for tenants as they can get the extra amount paid if overcharged.
Sometimes, the landlords have to pay for damages due to the violation of the landlord-tenant rule for the state.
Pay the Renter to Leave the Apartment
Cash for Keys is another name for this.
If evicting the tenants will be of advantages for landlords, the landlords may use this method. In most situations, it requires a long, excruciating process to evict a renter.
Although there are variations across different localities and states, evicting a tenant usually involves:
- Having a legitimate cause for doing so
- Sending a Quit Notice to the renter
- Going to court to file a Formal Eviction
- Waiting for court proceeding while getting the required evidence to process the eviction
- Attending the proceeding
- Court deciding the case – Stay granted to the tenant or landlord allowed to carry out the eviction
- If evicted, renter leave the property within the agreed date
- If the tenant stays, the landlord may count on Marshall for locking the tenant out
- the landlord sues the tenant for any damages
Considering these steps, it is obvious that evicting a tenant is too laborious and time-consuming.
Not only will the landlords lose more money in the process, but they may also have a hard time finding tenants afterward.
Property owners can avoid these cumbersome steps by simply doing “Cash for Keys.”
This process is entirely between the house owner and renter, without involving the court.
This option is usually good when:
- The tenant does not pay monthly rent.
- Landlord loses more money due to the action of the tenants like causing damages to the rentals.
- The new landlord got the rental properties and prefers evicting all existing renters.
The landlord provides cash to incentivize the renters to leave the rental properties.
The homeowner should let the renter know they have violated rental laws and will be sued.
Explain to them the effect of such a lawsuit to their credit score as well as future rents.
This will encourage them to take the Cash for Keys option.
Do not threaten or intimidate the renter to accept the Cash for Keys offer.
However, if they agree willingly, all parties involved must have and sign a written agreement.
Keep the agreement in your books for landlords for future purposes.
Make Payment for Damages
If there are a landlord-tenant court case and the judge awards damages to the tenant, it is imperative for the landlord to pay.
This is usually due to violation of rules on the part of the landlord.
For instance, if the landlord charged more security deposit that stipulated by law, the landlord might be forced to pay additional charges and damages.
The landlord may also have to pay damages if they fail to fix any safety or health violations.
Make Payment for the Court Costs of the Renter
As a result of losing in landlord-tenant court, the property owner may have to pay for the court costs of the renter.
These costs often include filing fees, court exhibits, fees for serving a warrant, postage, court transcripts, copying fees, and court reporter fees.
Make Payment for the Attorney Fees of the Tenant
Another tip for the homeowner is that they may have to pay for the attorney fees of their rental if they should lose a landlord-tenant court case.
Besides, this may come in the form of the hourly rates that the attorney charged.
Peradventure you are facing certain issues related to landlord-tenant payment, speak to us at Reneza.