Landlord Liability for Tenant Injuries Landlords are required to take reasonable care to prevent injury to their tenants. In practical terms, the doctrine of ‘caveat emptor’ for residential leases no longer exists. However, landlords are not automatically liable whenever a tenant is injured on the premises. Instead, whether or not the landlord is liable depends on “ was the landlord acting as a reasonably careful person in maintaining the property, so as to prevent or avoid the specific accident? “ → Read More
Landlord’s Duty to Maintain Pipes and Plumbing Landlords must repair the pipes and plumbing in a rental unit and maintain them in good shape. If the cause of the leak was negligence—for example, carelessness in maintaining or fixing the pipes—the landlord will probably be responsible for any reasonably foreseeable damages or losses to the tenant caused by the negligence. So if the landlord didn’t keep the plumbing in good order, he could be responsible for paying for any losses, which would include property damage (e.g. if the tenant’s belongings are damaged) or a heightened water bill. → Read More
Responsibility of Outdoor Maintenance of Rental Property: Landlord or Tenant Who is responsible for a rental property’s outdoor maintenance, such as tree trimming and gutter cleaning, depends on what it says in the lease agreement. In terms of a lease, the two parties (landlord and tenant) can come to any division of maintenance they want. If the lease is silent on the subject, the landlord owns the whole property and is responsible for the maintenance in all areas not rented by the tenant, while the tenant is responsible for maintaining the areas under his or her control. → Read More
Breaking Future Apartment Lease and Getting Back Deposit Since a lease is a contract, once a tenant has leased an apartment or other premises, he or she is responsible for the entire amount of rent owed under the lease, for the whole term. This is the case even if occupancy hasn’t started yet. A deposit on the apartment or other premises paid to hold the unit would be forfeited if the tenant breached the lease. → Read More
Legal Removal of Unwelcome House Guests Any attempt to’evict’ an uncooperative and unwanted house guest and/or tenant can be frustrating and costly for the owner or landlord. The first order of business in determining your options is to establish whether the house guest is a lodger, a bonafide house guest, or a roommate. → Read More
Does Your Landlord Have the Right to Evict You? If you’ve been served with an eviction notice, and you’re not ready to move out, you are probably asking yourself “Does the landlord have the right to evict me? What can I do to remain in place as a tenant? And for how long can I remain in place?” → Read More
How to Use Credit Reports to Select Tenants You’ve found a seemingly good tenant for your rental, but you want to check their credit report just to make sure. Unfortunately, their score is worryingly low. What should you do now? → Read More
How to Protect Your Lease from Foreclosure If you have rented a home and signed a lease in good faith with a landlord, you are protected under the law in the event that the landlord has financial problems and ends up facing foreclosure. The law ensures that you cannot just be kicked out of your home in the event of foreclosure if you have a lease in place. → Read More
Can a New Owner Increase Your Rent After the Building Owner Dies? If someone acquires, whether by inheritance or purchase, a building with tenants, that person is bound by any existing leases. As a result, the person inheriting the building cannot change any terms or conditions of the lease, including the rent, in the middle of a lease term. → Read More
Remaining Tenant’s Rights When Co-Tenant Breaks Lease A lease is a contract. As a contract, it is enforceable by the parties to the contract. That means that the landlord can enforce the lease against the tenants, or the tenants against the landlord. → Read More
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