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Every Landlord's Legal Guide

by Marcia Stewart, Attorney Ralph Warner & Attorney Janet Portman

Pages: 608 eBook: (PDF 3.7 MB) Download the electronic version of this product and start reading it instantly! No shipping fees. Requires the Adobe Acrobat Reader

Price:   $44.99

Summary

The all-in-one resource every landlord needs.

The best, most effective way to make and save money as a landlord is to keep up with the law -- and with Every Landlord's Legal Guide, you can do it.

From move-in to move-out, Every Landlord's Legal Guide helps you handle the issues you're likely to face, helping you avoid hassles and headaches -- not to mention legal fees. Here is everything you need to:

• choose tenants
• prepare a lease or rental agreement
• collect and return deposits
• avoid discrimination charges
• hire a property manager
• keep up with repairs and maintenance
• minimize liability
• deal with problem tenants
• and more

Every Landlord's Legal Guide provides over 30 documents you'll need, including leases and rental agreements, as tear-outs and on CD-ROM.  

The 8th edition is completely revised to provide your state's current laws, and discusses how new federal bankruptcy laws affect your ability to evict tenants.

Press Reviews

Table of Contents

I. How Landlords Can Use This Book

A. What This Book Covers-And How to Use It
B. What This Book Doesn't Cover
C. Guide to Icons Used in This Book

1. Screening Tenants: Your Most Important Decision

A. Avoiding Fair Housing Complaints and Lawsuits
B. How to Advertise Rental Property
C. Renting Property That's Still Occupied
D. Dealing With Prospective Tenants and Accepting Rental Applications
E. Checking References, Credit History, and More
F. Choosing-And Rejecting-An Applicant
G. Finder's Fees and Holding Deposits

2. Preparing Leases and Rental Agreements

A. Which Is Better, a Lease or a Rental Agreement?
B. Using the Forms in This Book
C. Completing the Lease or Rental Agreement Form
D. Changing a Lease or Rental Agreement
E. Signing a Lease or Rental Agreement
F. About Cosigners

3. Basic Rent Rules

A. How Much Can You Charge?
B. Rent Control
C. When Rent Is Due
D. Where and How Rent Is Due
E. Late Charges and Discounts for Early Payments
F. Returned Check Charges
G. Partial or Delayed Rent Payments
H. Raising the Rent

4. Security Deposits

A. Purpose and Use of Security Deposits
B. Dollar Limits on Deposits
C. How Much Deposit Should You Charge?
D. Last Month's Rent
E. Interest and Accounts on Deposits
F. Nonrefundable Deposits and Fees
G. How to Increase Deposits
H. Handling Deposits When You Buy or Sell Rental Property

5. Discrimination

A. Legal Reasons for Rejecting a Rental Applicant
B. Sources of Antidiscrimination Laws
C. Types of Illegal Discrimination
D. Valid Occupancy Limits
E. Managers and Discrimination
F. Unlawful Discrimination Complaints
G. Insurance Coverage in Discrimination Claims

6. Property Managers

A. Hiring Your Own Resident Manager
B. How to Prepare a Property Manager Agreement
C. Your Legal Obligations as an Employer
D. Management Companies
E. Your Liability for a Manager's Acts
F. Notifying Tenants of the Manager
G. Firing a Manager
H. Evicting a Manager

7. Getting the Tenant Moved In

A. Inspect the Rental Unit
B. Photograph the Rental Unit
C. Send New Tenants a Move-In Letter
D. Cash Rent and Security Deposit Checks
E. Organize Your Tenant Records
F. Organize Income and Expenses for Schedule E

8. Cotenants, Sublets, and Assignments

A. Cotenants
B. What to Do When a Tenant Wants to Sublet or Assign
C. When a Tenant Brings in a Roommate
D. Guests and New Occupants You Haven't Approved

9. Landlord's Duty to Repair and Maintain the Premises

A. The Implied Warranty of Habitability
B. How to Meet Your Legal Responsibilities
C. Tenant Responses to Unfit Premises: Paying Less Rent
D. Tenant Responses: Calling Inspectors, Filing Lawsuits, and Moving Out
E. Minor Repairs
F. Delegating Landlord's Responsibilities to Tenants
G. Avoiding Problems by Adopting a Good Maintenance and Repair System
H. Tenant Updates and Landlord's Regular Safety and Maintenance Inspections
I. Tenants' Alterations and Improvements
J. Cable TV Access
K. Satellite Dishes and Antennas

10. Landlord's Liability for Dangerous Conditions

A. Landlord Liability for Tenant Injuries
B. If a Tenant Is at Fault, Too
C. How Much Money the Tenant May Be Entitled To
D. How to Prevent Liability Problems
E. Liability and Other Types of Property Insurance

11. Landlord's Liability for Environmental Health Hazards

A. Asbestos
B. Lead
C. Radon
D. Carbon Monoxide
E. Mold

12. Landlord's Liability for Criminal Acts and Activities

A. Your Responsibility to Keep Tenants Safe
B. How to Protect Your Tenants From Criminal Acts
C. Protecting Tenants From Each Other
D. Landlords and the Fight Against Terrorism
E. Your Responsibility for an Employee's Criminal Acts
F. Protecting Neighbors From Drug-Dealing Tenants

13. Landlord's Right of Entry and Tenants' Privacy

A. General Rules of Entry
B. Entry in Case of Emergency
C. Entry With the Permission of the Tenant
D. Entry to Make Repairs or Inspect the Property
E. Entry to Show Property to Prospective Tenants or Buyers
F. Entry After the Tenant Has Moved Out
G. Entry by Others
H. Other Types of Invasions of Privacy
I. What to Do When Tenants Unreasonably Deny Entry
J. Tenants' Remedies If a Landlord Acts Illegally

14. Ending a Tenancy

A. Changing Lease or Rental Agreement Terms
B. How Month-to-Month Tenancies End
C. How Leases End
D. If the Tenant Breaks the Lease
E. When a Tenant Dies
F. Condominium Conversions

15. Returning Security Deposits and Other Move-Out Issues

A. Preparing a Move-Out Letter
B. Inspecting the Unit When a Tenant Leaves
C. Applying the Security Deposit to the Last Month's Rent
D. Basic Rules for Returning Deposits
E. Deductions for Cleaning and Damage
F. Deductions for Unpaid Rent
G. Preparing an Itemized Statement of Deductions
H. Mailing the Security Deposit Itemization
I. Security Deposits From Cotenants
J. If a Tenant Sues You
K. If the Deposit Doesn't Cover Damage and Unpaid Rent
L. What to Do With Property Abandoned by a Tenant

16. Problems With Tenants: How to Resolve Disputes Without a Lawyer

A. Negotiating a Settlement: Start by Talking
B. When Warning Notices Are Appropriate
C. Understanding Mediation
D. Using Arbitration
E. Representing Yourself in Small Claims Court
F. How to Avoid Charges of Retaliation

17. Terminations and Evictions

A. The Landlord's Role in Evictions
B. Termination Notices
C. Late Rent
D. Other Tenant Violations of the Lease or Rental Agreement
E. Violations of a Tenant's Legal Responsibilities
F. Tenant's Illegal Activity on the Premises
G. How Eviction Lawsuits Work
H. Illegal "Self-Help" Evictions
I. Stopping Eviction by Filing for Bankruptcy

18. Lawyers and Legal Research

A. Finding a Lawyer
B. Types of Fee Arrangements With Lawyers
C. Saving on Legal Fees
D. Resolving Problems With Your Lawyer
E. Attorney Fees in a Lawsuit
F. Doing Your Own Legal Research
G. Where to Find State, Local, and Federal Laws
H. How to Research Court Decisions

Appendixes

A. State Landlord-Tenant Law Charts

Attachment to Florida Leases and Rental Agreements
State Landlord-Tenant Statutes
State Rent Rules
Notice Required to Change or Terminate a Month-to-Month Tenancy
State Security Deposit Rules
States That Require Landlords to Pay Interest on Deposits
State Laws on Rent Withholding and Repair and Deduct Remedies
State Laws on Landlord's Access to Rental Property
State Laws on Handling Abandoned Property
State Laws Prohibiting Landlord Retaliation
State Laws on Termination for Nonpayment of Rent
State Laws on Termination for Violation of Lease
State Laws on Unconditional Quit

B. How to Use the CD-ROM

A. Installing the Form Files Onto Your Computer
B. Using the Word Processing Files to Create Documents
C. Using PDF Files to Print Out Forms
D. Files Provided on the Forms CD-ROM

C. Tear-Out Forms

Rental Application
Consent to Contact References and Perform Credit Check
Tenant References
Notice of Denial Based on Credit Report or Other Information
Notice of Conditional Acceptance Based on Credit Report or Other Information
Receipt and Holding Deposit Agreement
Month-to-Month Residential Rental Agreement
Month-to-Month Residential Rental Agreement (Spanish Version)
Fixed-Term Residential Lease
Fixed-Term Residential Lease (Spanish Version)
Cosigner Agreement
Agreement for Delayed or Partial Rent Payments
Property Manager Agreement
Landlord-Tenant Checklist
Move-In Letter
Landlord-Tenant Agreement to Terminate Lease
Consent to Assignment of Lease
Letter to Original Tenant and New Cotenant
Resident's Maintenance/Repair Request
Time Estimate for Repair
Semiannual Safety and Maintenance Update
Agreement Regarding Tenant Alterations to Rental Unit
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (Spanish Version)
Protect Your Family From Lead in Your Home Pamphlet
Protect Your Family From Lead in Your Home Pamphlet (Spanish Version)
Notice of Intent to Enter Dwelling Unit
Amendment to Lease or Rental Agreement
Tenant's Notice of Intent to Move Out
Move-Out Letter
Letter for Returning Entire Security Deposit
Security Deposit Itemization (Deductions for Repairs and Cleaning)
Security Deposit Itemization (Deductions for Repairs, Cleaning, and Unpaid Rent)
Warning Letter for Lease or Rental Agreement Violation

Index

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