LANDLORD/TENANT LAW
DISCLAIMER: The following information is purposely general in nature; please consult your state's and locality's specific laws and/or contact an attorney for specific information and advice.
| If I don't have a signed lease with my landlord and I pay my rent monthly, can I move out any time I want? | |
| If my tenant doesn't pay his rent, can I lock him out of his apartment and put his property out on the curb in a nice, neat pile? | |
| I informed my landlord in writing a month ago (and have reminded her repeatedly) that the heater in my apartment doesn't work. It's 15 degrees outside and my landlord hasn't fixed the heater yet; is there anything I can do? | |
| As long as I pay my rent on time and keep up my end of the lease, do I have to let my landlord enter my apartment? | |
| I told my landlord I'm moving at the end of the month; is there anything else I should do to make sure I get my security deposit back? | |
| As a landlord, can I spend my tenants' security deposits on repairs as long as I pay back their deposits after they move out? |
Q: If I don't have a signed lease with my landlord and I pay my rent monthly; can I move out any time I want?
A: No. Oklahoma and most other states require by statute that you give 30 days' notice before moving out. You might even be required to give the notice at the beginning of a month. Unless required otherwise by your state's or city's laws or ordinances, it's best to put your notice in a letter to your landlord and hand-deliver it, asking for a signed receipt for the delivery, or send it certified mail, return receipt requested (ensuring, of course, that the letter actually arrives at least 30 days before your move-out date).
Q: If my tenant doesn't pay his rent, can I lock him out of his apartment and put his property out on the curb in a nice, neat pile?
A: No. Most state laws require that you go through specific steps to kick out or "evict" a tenant. Normally, you must give your tenant proper written notice regarding the unpaid rent, then file a lawsuit to evict the tenant, get the tenant out with the court's help and collect any money judgment. Unfortunately, this process can be complicated and may take weeks or months, depending on how soon the court gets to your case and whether or not the tenant fights you in court.
Q: I informed my landlord in writing a month ago (and have reminded her repeatedly) that the heater in my apartment doesn't work. It's 15 degrees outside and my landlord hasn't fixed the heater yet; is there anything I can do?
A: Yes. Nearly every state has adopted an "implied warranty of habitability," which requires landlords to offer livable premises when they originally rent a dwelling and to maintain the dwelling in livable condition throughout the rental term. Generally, and depending upon your specific state and local laws, for the period when your heater isn't working, you can pay less than the full amount of rent, refuse to pay the entire rent, or pay for the repairs yourself and deduct the cost of the repairs from your rent. You may also be able to sue your landlord for his neglect; in many states, you can move out temporarily, or even terminate your lease contract and move out because of a breach of the implied warranty of habitability.
Q: As long as I pay my rent on time and keep up my end of the lease, do I have to let my landlord enter my apartment?
A: Yes. In certain circumstances, your landlord has a right to enter your apartment. The laws in each state vary, but generally the landlord can come in to make repairs, inspect the property, show the apartment to prospective new tenants or buyers, or in the case of an emergency (for instance, your bathtub is overflowing and has flooded the apartment downstairs). Most states require some sort of notice when the landlord wants to enter your rental unit (assuming it's not for an emergency)--usually 24 hours, two days, or as is "reasonable." Oklahoma requires one day's notice.
Q: I told my landlord I'm moving at the end of the month; is there anything else I should do to make sure I get my security deposit back?
A: Yes. You should get your deposit back, assuming you have paid all your rent and kept the rental unit in good condition. While the specific rules vary from state to state, your landlord usually is required to return your deposit to you between 14 and 30 days after the date you move out. However, in some states, you must first have given the landlord in writing, a forwarding address. In Oklahoma, you should make a written demand for the return of your deposit, including your forwarding address. If you don't make such a written demand in Oklahoma within 6 months after your tenancy ends, your deposit belongs to your landlord.
Q: As a landlord, can I spend my tenants' security deposits on repairs as long as I pay back their deposits after they move out?
A: Not in some states. In most states, you can simply put the deposit money in your general account and spend it when and as you wish (as long as you have it available when the tenant moves out). However, in about 19 states (including Oklahoma), you must put security deposits in a separate account and hold them; about 16 states (NOT including Oklahoma) even require that landlords pay tenants interest on their security deposits.
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