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Leases and Rental Agreements FAQ
Does rent have to be due on the first of the month?
By custom, leases and rental agreements usually require rent to be paid monthly, in advance. Often rent is due on the first day of the month. However, it is legal for a landlord to require rent to be paid at different intervals or on a different day of the month.
How do rent control laws work?
Communities in only five states -- California, the District of Columbia, Maryland, New Jersey, and New York -- have laws that limit the amount of rent landlords may charge.
Rent control ordinances (also called rent stabilization or maximum rent regulation) limit the circumstances and the times that rent may be increased. Many rent control laws also require landlords to have a legal or just cause (that is, a good reason) to terminate a tenancy -- for example, if the tenant doesn't pay rent or if the landlord wants to move a family member into the rental unit.
Landlords and tenants in New York City, Newark, San Francisco, and other cities with rent control should be sure to get a current copy of the rent control ordinance and any regulations interpreting it. Check the phone book for the address and phone number of the local rent control board or contact the mayor or city manager's office.
How much security deposit can a landlord charge?
All states allow landlords to collect a security deposit when the tenant moves in. Landlords use the deposit to cover unpaid rent and perform needed repairs or cleaning caused by the tenant's housekeeping. Half the states limit the amount landlords can charge, usually not more than a month or two worth of rent -- the exact amount depends on the state.
Many states require landlords to put deposits in a separate account, and some require landlords to pay tenants the interest on deposits.
FAQs
- Does the landlord need a reason to terminate the lease at the expiration of the term?
- How does the landlord terminate the lease at the expiration of the term?
- Can the landlord take the tenant's possessions or physically throw the tenant out after the court allows eviction?
- What is the difference between an oral and a written lease?
- What is constructive eviction?
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