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Landlord Tenant Issues
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Free Lease on Line
July 28, 2008
By Joseph Feldman , Contributing Columnist
Few relationships are more complex than that between
landlords and tenants. The first mistake most tenants make is
before they enter the premises. They fail to have a lease drawn
up or reviewed by an attorney.
Leases are not neutral documents. No legal document is ever
neutral. All legal documents tilt one way or another.
Here are some common landlord tenant issues:
1. Who pays for damages to your things? Say you have
expensive stereo equipment. A heavy rain or flood causes the
roof to leak and your equipment is ruined. Whose fault is that?
The answer depends upon (1) your lease and (2) your
jurisdiction.
Some jurisdictions leave these issues up to the individual
landlord and tenant to decide-- so your lease will settle the
issue. If your lease is "silent"--meaning it does not address the
issue, then there may be a state law that steps in to divide up
responsibility. Check the law.
2. Can I get my security deposit back? You are entitled in most
jurisdictions to the return of your security deposit if you return
the apartment to your landlord, free of damage, and here's the
kicker "except for ordinary wear and tear". The magic phrase
"ordinary wear and tear" usually means that the law assumes
that the apartment will be used in an ordinary way-- floors may
have scuffs, walls may have marks --and the tenant can't be
penalized for this kind of minor damage. What is not "ordinary
wear and tear"? Again, that depends on whose looking at it. A
small hole in the wall, to some judges, may be ordinary and
expected wear and tear. To others, you may look like a wild
animal if you leave even a small hole.
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