Condo Rights, Apartment Rental Rights
If you have a question about condo rights, apartment rental rights or landlord rights it is in your best interest to consult with an attorney who specializes in rental law in your state. To have a qualified lawyer contact you, simply fill out the form below and help will be on its way.
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Advice Concerning Condo Rights, Apartment Rental Rights
Interpreting rental laws can be tricky because there are always exceptions and properties that are exempt from some laws. Fully understanding the condo rights, apartment rental rights or landlord rights really requires an education in law and repetitive practice and exposure to the law. In addition to the perplexing issues in determining the applicability of rentals laws, condo rights, apartment rental rents and landlord rights vary from state to state. There are also local ordinances in some areas along with federal laws that may or not affect the situation that you are facing that concerns condo rights, apartment rental rights or landlord rights.
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It is your best bet to consult with an attorney that specializes in rental laws in your state of interest and who regularly deals with cases concerning condo rights, apartment rental rights and landlord rights. They can provide advice that will help you to be aware of your condo rights, apartment rentals rights or landlord rights in your particular situation.
In order to show the difference in condo rights, apartment rental rights and landlord rights, some example of such rights for various states have been provided.
Condo Rights for Choice StatesCondo rights are different from apartment rental rights altogether because of the shared ownership of common elements in a condo arrangement where occupants actually own the unit that they live in. Landlord rights usually do not apply because the condo building is managed by an association that represents the unit owners. Many people try to apply apartment rental rights to a condo arrangement when they should actually be concerned about condo rights.
- California Condo Rights: In California, some areas have rent control; however, depending on the area in question and the age of the condo, rent control may or may not be a part of condo rights. If you are concerned about rent control and the associated condo rights, it is best to contact a lawyer to discuss the specifics of your concerns and to find out whether or not the rent control efforts apply to the property in question in regard to condo rights.
- Texas Condo Rights: In Texas Property Code, there is actually a Uniform Condominium Act that sets apart the condo rights in Texas. For instance, it says that the unit owner has the condo rights to alter the unit on the inside if it does not affect structural integrity; however, the law does not allow them the condo rights to alter the outside appearance or common elements without permission.
- Pennsylvania Condo Rights: Pennsylvania also has a Uniform Condominium Act. It is similar to the one in Texas. It defines specifically what "common elements" are and states that the occupants do not the have to right to alter such elements as condo rights.
- Ohio Condo Rights: Ohio Condominium Law states that a unit in a condominium building is real property and specifically defines the condo rights of the unit owner to their unit and to common elements including the condo right to have a direct exit to the street. It also states that their rights of ownership of common elements are an undivided interest as part of condo rights.
- Michigan Condo Rights: The Condominium Act in Michigan addresses restrictions and covenants that are reasonable that the developer or a co-owner can impose on the unit owners without violating condo rights. Generally, anything that applies to the common elements can be addressed in the condominium documents stating such restrictions or covenants.
- New York Condo Rights: In New York, compliance with by-laws, rules and regulations is expected. Something unique in the condo rights for New York is that it protects the condo rights to display the American flag as long as the flag is 4'x6' or less; therefore rules or regulations cannot restrict the display of the flag by unit occupants except for the restriction on the size.
- Georgia Condo Rights: Georgia Law addresses the conditions of a conversion condo. In such cases, the declarant is required to provide the affected unit occupants a notice at least 120 days before the date that the unit occupant will be required to vacate the unit. This can be considered condo rights.
- Arizona Condo Rights: Arizona condo rights also include joint ownership of common elements and it requires the association to be responsible for maintenance, repair and replacements of such elements as part of the condo rights. It also states that the unit owner is responsible for such tasks inside the unit.
- North Carolina Condo Rights: The North Carolina Condominium Act has condo rights that require that a hearing be held in order to determine whether or not a unit owner should be fined or if the privileges or services should be suspended if a specific procedure for making such decisions is not lined out in the declaration.
Apartment Rental Rights for Choice StatesApartment rental rights are much different than condo rights because the property and the rental units are actually owned by the landlord who has landlord rights and the tenant is simply renting the space from the owner.
- California Apartment Rental Rights: California apartment rental rights include the possibility of rent and security deposits being raised during the term of the lease if the lease itself allows for it. In a month to month contract, you can expect at least a thirty day notice of a rent increase and a sixty day notice is required if the increase is greater than ten percent.
- Texas Apartment Rental Rights: In Texas, there are apartment rental rights that forbid normal wear and tear from being deducted from the security deposit; however, charges associated with breaking the lease, damage from negligence or abuse, unpaid rent other charges and reasonable costs of cleaning can be deducted without violating tenant rights.
- Pennsylvania Apartment Rental Rights: Pennsylvania apartment rental rights advocate the repair and deduct method of taking care of the landlord's failure to adhere to their duties of keeping the property in good repair. It is a self-help method that tenants can use if they can prove that the repairs were necessary; however, they must first give the landlord written notice that states the defect and the actions that will be taken if the landlord doesn't make the repairs in a reasonable amount of time.
- Ohio Apartment Rental Rights: Ohio apartment rental rights are somewhat different from other states because the tenant is not necessarily responsible for damages made to the structure during their tenancy. Repair of damages made by tenants and guests is the tenant's responsibility; however, if made by a third party the landlord is responsible for repair.
- Michigan Apartment Rental Rights: The amount of a security deposit held by the landlord is limited to 1 ½ months' rent as a part of Michigan Apartment Rental Rights. The security deposit can only used to reimburse the landlord for actual damages that cannot be contributed to normal wear and tear, to pay arrearages or rent due for early termination, or to pay utilities bills that the tenant failed to pay.
- New York Apartment Rental Rights: Apartment Rental Rights in New York limits the amounts of a security deposit in a stabilized unit to one month's rent. Due to unnecessary costs being charged by landlords in New York regarding fees to superintendents or doormen, it is written into the law that requiring such fees from tenants is illegal.
- Georgia Apartment Rental Rights: In Georgia, apartment rental rights require the landlord to obtain a dispossessory warrant through a lawsuit in order to evict a tenant in a lease arrangement. Reasons for eviction include unpaid rent, violation of lease terms or the expiration of the lease.
- Arizona Apartment Rental Rights: Arizona Apartment Rental Rights require that the landlord provide the tenant the name and address of the owner, owner's agent and the property manager as well as a notice of where to obtain copies of the Arizona Residential Landlord and Tenant Act. They must provide the tenant with a form to record existing damages found during a move-in inspection.
- North Carolina Apartment Rental Rights: Apartment Rental Rights are pretty clear under North Carolina rental law. The duties of the tenant and the landlord are specifically defined as well as the landlord rights and tenant rights. It is probably the most specific requirements of tenant/landlord rights and duties of all of the states.
Landlord Rights for Choice StatesLandlord rights apply to most rental or lease agreements that include residential property with some exceptions such as properties where condo rights exist and so forth. Here are some examples of landlord rights from one state to another.
- California Landlord Rights: Remember, California landlord rights do not necessarily apply to condos where condo rights take precedence. Rent or lease agreements of apartments and houses do include some landlord rights. For instance, landlord rights include the right to evict the tenant for nonpayment; however, the landlord must follow the process outlined in the law to take possession of the property from the tenant.
- Texas Landlord Rights: In Texas, the law specifically requires that the tenant give the landlord their forwarding address to the landlord when moving from the property. This allows the landlord to provide notices that are provided by law and also makes it easier for the landlord rights to be enforced if the damages to the property exceed the amount of the security deposit.
- Pennsylvania Landlord Rights: Landlord rights spelled out in Pennsylvania rental laws include the right for the landlord to take and hold a security deposit but the amount of the deposit is limited.
- Ohio Landlord Rights: Landlord rights in Ohio allow the landlord to enter the rent unit for the purpose of inspection, repair, making improvements or supplying services or to show the property after they have given reasonable notice to the tenant.
- Michigan Landlord Rights: In Michigan, landlord rights include the collection of nonrefundable fees in addition to the security deposit as long as the purpose of the fee is clearly stated and the type of fee is not affected by other terms in the law.
- New York Landlord Rights: In New York, it is not uncommon for the landlord rights to raise rent to be regulated by rental control ordinances.
- Georgia Landlord Rights: In Georgia, a lease can actually be developed verbally; however, unless a written lease represents the agreements the terms can be unclear which can hinder upholding of landlord rights.
- Arizona Landlord Rights: In Arizona the landlord rights include the possibility to end a rental relationship when the tenant has fallen behind on rent payment by notifying the tenant in writing that they have five days to pay the unpaid rent or that the rental agreement will be terminated. The notice must be delivered in person or by certified or registered mail.
- North Carolina Landlord Rights: North Carolina law specifies the duties of the tenant and the landlord and in 1977 the law changes including landlord duties that were never governed before. Basically the only landlord rights that it includes is the right to receive the rent on time and the right to receive the property back without damages or trash with the plumbing fixtures clean. The landlord can specify that it is the tenant's responsibility to change batteries in the smoke detector, but they have to assure that it has a new battery and is operational at the beginning of the tendency. Most repairs that are the duty of the landlord require notification by the tenant that the repair needs to be made.
Condo rights, apartment rental rights and landlord rights are generally common sense duties that the landlord or condominium association or the tenant should take responsibility for. The rental laws spell out condo rights, apartment rental rights and landlord rights to clear up any confusion in an attempt to improve relationships between the renter and the landlord or condo association.