Nolo’s Encyclopedia of Everyday Law Phấn 2 pptx

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How can landlords and tenants

avoid disputes?

Both landlords and tenants should

follow these tips to avoid legal prob￾lems:

• Know your rights and responsibili￾ties under federal, state and local

law.

• Make sure the terms of your lease or

rental agreement are clear and

unambiguous.

• Keep communication open. If

there’s a problem—for example, a

disagreement about the landlord’s

right to enter a tenant’s apart￾ment—see if you can resolve the

issue by talking it over, without

running to a lawyer.

• Keep copies of any correspondence

and make notes of conversations

about any problems. For example, a

tenant should ask for repairs in

writing and keep a copy of the letter.

The landlord should keep a copy of

the repair request and note when and

how the problem was repaired.

We’ve talked about the problem

and still don’t agree. What

should we do next?

If you can’t work out an agreement on

your own, but want to continue the

rental relationship, consider media￾tion by a neutral, third party. Unlike

a judge, the mediator has no power to

impose a decision but will simply

work to help find a mutually accept￾able solution to the dispute. Media￾tion is often available at little or no

cost from a publicly funded program.

ef

More Information About

Mediation

For information on local mediation

programs, call your mayor’s or city

manager’s office, and ask for the staff

member who handles “landlord-tenant

mediation matters” or “housing disputes.”

That person should refer you to the public

office, business or community group that

handles landlord-tenant mediations.

You can learn more about mediation by

reading Chapter 17 of this book, Courts

and Mediation.

If mediation doesn’t work, is

there a last step before going to

a lawyer?

If you decide not to mediate your

dispute, or mediation fails, it’s time

to pursue other legal remedies. If the

disagreement involves money, such as

return of the security deposit, you can

take the case to small claims court. A

few states use different names for this

type of court (such as “Landlord-Ten￾ant Court”), but traditionally the pur￾pose has been the same: to provide a

speedy, inexpensive resolution of dis￾putes that involve relatively small

amounts of money.

Keep in mind that your remedy in

small claims court may be limited to

an award of money damages. The

maximum amount you can sue for

varies from $3,000 to $7,500, de￾pending on your state.

L A N D L O R D S A N D T E N A N T S

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You can find more information

about small claims court in Chapter

17, Courts and Mediation.

Landlord-Tenant

Statutory Codes

Here are some of the key statutes pertaining

to landlord-tenant law in each state.

ALABAMA

Ala. Code §§ 35-9-1 to 35-9-100

ALASKA

Alaska Stat. §§ 34.03.010 to 34.03.380

ARIZONA

Ariz. Rev. Stat. Ann. §§ 12-1171 to

12-1183, §§ 33-1301 to 33-1381

ARKANSAS

Ark. Code Ann. §§ 18-16-101 to 18-16-306

CALIFORNIA

Cal. Civ. Code §§ 1925 to 1954, 1961 to

1962.7, 1995.010 to 1997.270

COLORADO

Colo. Rev. Stat. §§ 38-12-101 to 38-12-

104, 38-12-301 to 38-12-302

CONNECTICUT

Conn. Gen. Stat. Ann. §§ 47a-1 to 47a-51

DELAWARE

Del. Code Ann. tit. 25, §§ 5101 to 7013

DIST. OF COLUMBIA

D.C. Code Ann. §§ 45-1401 to 45-1597,

45-2501 to 45-2593

FLORIDA

Fla. Stat. Ann. §§ 83.40 to 83.66

GEORGIA

Ga. Code Ann. §§ 44-7-1 to 44-7-81

HAWAII

Haw. Rev. Stat. §§ 521-1 to 521-78

IDAHO

Idaho Code §§ 6-301 to 6-324, §§ 55-201

to 55-313

ILLINOIS

765 Ill. Comp. Stat. §§ 705/0.01 to 740/5

INDIANA

Ind. Code Ann. §§ 32-7-1-1 to 37-7-9-10

IOWA

Iowa Code Ann. §§ 562A.1 to 562A.36

KANSAS

Kan. Stat. Ann. §§ 58-2501 to 58-2573

KENTUCKY

Ky. Rev. Stat. Ann. §§ 383.010 to 383.715

LOUISIANA

La. Rev. Stat. Ann. §§ 9:3201 to 9:3259;

La. Civ. Code Ann. art. 2669 to 2742

MAINE

Me. Rev. Stat. Ann. tit. 14, §§ 6001 to

6046

MARYLAND

Md. Code Ann. [Real Prop.] §§ 8-101 to

8-604

MASSACHUSETTS

Mass. Gen. Laws Ann. ch. 186, §§ 1 to 21

MICHIGAN

Mich. Comp. Laws §§ 554.601 to 554.640

MINNESOTA

Minn. Stat. Ann. §§ 504B.001 to

504B.471

MISSISSIPPI

Miss. Code Ann. §§ 89-8-1 to 89-8-27

MISSOURI

Mo. Rev. Stat. §§ 441.005 to 441.880,

§§ 535.150 to 535.300

MONTANA

Mont. Code Ann. §§ 70-24-101 to 70-25-

206

NEBRASKA

Neb. Rev. Stat. §§ 76-1401 to 76-1449

NEVADA

Nev. Rev. Stat. Ann. §§ 118A.010 to

118A.520

NEW HAMPSHIRE

N.H. Rev. Stat. Ann. §§ 540:1 to 540:29,

540-A:1 to 540-A:8

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NEW JERSEY

N.J. Stat. Ann. §§ 46:8-1 to 46:8-49

NEW MEXICO

N.M. Stat. Ann. §§ 47-8-1 to 47-8-51

NEW YORK

N.Y. Real Prop. Law §§ 220 to 238, Real

Prop. Acts. §§ 701 to 853, Mult. Dwell.

Law (all), Mult. Res. Law (all), Gen. Oblig.

Law §§ 7-103 to 7-108

NORTH CAROLINA

N.C. Gen. Stat. §§ 42-1 to 42-14.2, 42-

25.6 to 42-76

NORTH DAKOTA

N.D. Cent. Code §§ 47-16-01 to 47-16-41

OHIO

Ohio Rev. Code Ann. §§ 5321.01 to

5321.19

OKLAHOMA

Okla. Stat. Ann. tit. 41, §§ 1 to 136

OREGON

Or. Rev. Stat. §§ 90.100 to 90.450

PENNSYLVANIA

68 Pa. Cons. Stat. Ann. §§ 250.101 to

250.510-B

RHODE ISLAND

R.I. Gen. Laws §§ 34-18-1 to 34-18-57

SOUTH CAROLINA

S.C. Code Ann. §§ 27-40-10 to 27-40-910

SOUTH DAKOTA

S.D. Codified Laws Ann. §§ 43-32-1 to

43-32-29

TENNESSEE

Tenn. Code Ann. §§ 66-28-101 to 66-28-

520

TEXAS

Tex. Prop. Code Ann. §§ 91.001 to

92.354

UTAH

Utah Code Ann. §§ 57-17-1 to 57-17-5,

57-22-1 to 57-22-6

VERMONT

Vt. Stat. Ann. tit. 9, §§ 4451 to 4468

VIRGINIA

Va. Code Ann. §§ 55-218.1 to 55-248.40

WASHINGTON

Wash. Rev. Code Ann. §§ 59.04.010 to

59.04.900, 59.18.010 to 59.18.911

WEST VIRGINIA

W. Va. Code §§ 37-6-1 to 37-6-30

WISCONSIN

Wis. Stat. Ann. §§ 704.01 to 704.45

WYOMING

Wyo. Stat. §§ 1-21-1201 to 1-21-1211,

§§ 34-2-128 to 34-2-129

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ef

More Information About

Landlord-Tenant Law

From the landlord’s point of view:

Every Landlord’s Legal Guide, by Marcia

Stewart, Ralph Warner and Janet Portman

(Nolo). This 50-state book provides

extensive legal and practical information

on leases, tenant screening, rent, security

deposits, privacy, repairs, property

managers, discrimination, roommates,

liability, tenancy termination and much

more. It includes more than 25 legal forms

and agreements as tear-outs and on disk.

LeaseWriter (Nolo)(CD-ROM for

Windows/Macintosh). This software

program generates a customized legal

residential lease or rental agreement,

plus more than a dozen key documents

and forms every landlord and property

manager needs. It includes a database to

track tenants and rental properties, and a

log for rental payments, repairs and

problems. The program gives you instant

access to state-specific landlord-tenant

information, and extensive online legal

help.

From the tenant’s point of view:

Every Tenant’s Legal Guide, by Janet

Portman and Marcia Stewart (Nolo). This

book gives tenants in all 50 states the

legal and practical information they need

to deal with their landlords and protect

their rights when things go wrong. It

covers all important issues of renting,

including signing a lease, getting a

landlord to make needed repairs,

fighting illegal discrimination, protecting

privacy rights, dealing with roommates,

getting the security deposit returned

fairly, moving out and much more.

Renters’ Rights, by Janet Portman and

Marcia Stewart (Nolo). A concise, highly

accessible guide for tenants in every

state, loaded with tips and strategies.

For both landlords and tenants:

Everybody’s Guide to Small Claims

Court, by Attorney Ralph Warner

(National and California Editions)(Nolo).

The book explains how to evaluate your

case, prepare for court and convince a

judge you’re right. It also tells you what

remedies (money only, or enforcement of

the lease) are available in your state.

How to Mediate Your Dispute, by Peter

Lovenheim (Nolo), explains how to

choose a mediator, prepare a case and

navigate the mediation process.

Additionally, tenants’ unions and rental

property owners’ associations are good

sources of advice. Look in your telephone

book’s white pages for names of these

organizations.

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For tenants renting commercial

property:

Leasing Space for Your Small Business,

by Janet Portman and Fred. S. Steingold

(Nolo). Gives commercial tenants the

information they need to understand and

negotiate a commercial lease, plus tips

on finding suitable space, choosing and

working with brokers and lawyers and

bargaining effectively for the best terms

and conditions.

http://www.nolo.com

Nolo offers self-help information about a

wide variety of legal topics, including

landlord-tenant law and provides links to

federal and state statutes.

http://tenant.net

TenantNet provides information about

landlord-tenant law, with a focus on ten￾ants’ rights. TenantNet is designed prima￾rily for tenants in New York City, but the

site offers information about the law in

many other states. The site also provides the

text of the federal fair housing law.

http://www.spl.org

The Seattle Public Library has links to

many cities that have posted their ordi￾nances (and often their rent control laws)

online.

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