Apartments for Cheap

Questions and Answers

Your Questions About House Rental Contract

July 22, 2013

Carol asks…

Washington–no contract/lease; how do we get the tenants out so we can sell the rental house?

I am asking this question on behalf of my mom who is managing my grandma’s rental house. The house is in Washington and currently 4-5 people live there. There is no written lease/contract/agreement. My grandma might sell the house or get new tenants. We need to know how much written notice is required to get the current occupants to vacate.

Administrator answers:

You can go online to your state’s web site, look under statues, and then property law. Your answers will be there and you will be informed about what you can legally do. But generally, without a lease it is considered a month to month tenancy. With that type of tenancy you need to give them 30 days notice to quit. Be sure to do it in writing and I would send it return receipt so you have proof. Most times you serve the notice when they hand you the rent. If I hand something important to a tenant, I ask that they sign and date a copy for my files. If they don’t move, then you can be reading up on your state’s eviction process. Good luck.

Betty asks…

My father signed a contract with a private claims adjuster after rental house burn down?

The house burned down and may be in the 100K range. This separate claims adjuster had him sign a contract that gives the claims adjuster 9 percent of the settlement. My father is 88 and not really able to understand what he is doing in ths matter. The claims adjuster showed up like an ambulance chaser lawyer. Is he being scamed?
This private claims representative is supposed to negotiate with the insurer.

Administrator answers:

Nope, your dad hired a “public adjuster” to handle the claim for him. 9% is pretty fair.

Keep in mind, though, public adjusters RARELY get enough extra from the insurance, to cover their fees.

Yes, they “fire chase” just like an attorney does the ambulance chase. That’s how they sign up clients, to make their money.

It doesn’t matter what your father did in this matter – it’s irrevocable, and now the claim is going to take WAY longer to handle, and the public adjuster will get the check first, and take his money out, and give your dad the rest. If dad isn’t legally competent to handle his own affairs, you need to get legal guardianship of him, so he can’t keep making poor decisions that end up costing thousands of dollars.

But you won’t be able to get this revoked, without the consent of that public adjuster.

Ruth asks…

Do housing rental contracts show up on your credit report?

Just curious if I decide to sell and start renting again if a house or apartment rental contract would show up on my credit report as a debt.

Administrator answers:

If you rent from a private owner, probably not, if you rent from a corporation, probably yes. There is a company that landlords
report delinquent tenants and that can cause being denied any rental in the future. Just like a bank, they report to a company any unpaid bad checks etc and you can’t open a checking account anywhere in the country until that problem is
resolved.

Maria asks…

Im renting out rooms in my house where can i get a download of a free rental contract for ca.?

Im renting out rooms in my house where can i get a download of a free rental contract for ca.?
or if you have access to a rental contract that you can email me that would be greatly appreciated. Thank you very much. amarx1984@hotmail.com

Administrator answers:

You are best to suck it up this one time and go see a lawyer and have whatever conditions and restrictions you would like in the lease laid out.

If you do not know the landlord tenant act inside out and backwards you are best to speak to somebody who does.

I do realize this is at a cost, however having a professionally drafted iron clad lease will save you a great deal of effort and potentially money in the long run.

Helen asks…

Sale of house – equipment rental contract not honoured?

We have sold our property and are on the verge of closing now in Ontario.

Included in the OREA agreement of purchase, under ‘rental items’ is the equipment of Hi-speed internet including tower … accepted by the purchaser.

The have just informed the internet company that they will not be taking over the agreement for internet, which leaves us legally liable for the removal, and return of the equipment … plus the early termination fees … estimated at $2,000+ for the lifetime.

Can anyone shed any light on possible recourse we can take, based on legal knowledge of the situation?
@Janet – If that were fully the case, then surely it would make the whole of section 7 pointless to include in the document … right? Surely would it not refer to an assumption?

Administrator answers:

Legal recourse against whom? Your contract is valid, you have to pay for the removal and the buyers have nothing to do with it at all.

James asks…

Can i as a landlord take doors off rental house if they dont pay and their contract is up..?

My renters contract is up and they have stayed their last months rent as of the first.. what is my legal rights to get them out.

Administrator answers:

Are you crazy? That is a good way to end up in jail.

You need to evict them, get a writ of possession and then let law enforcement remove them.

Do not do anything at all to them or the property. They will end up there for months while you are rotting in a jail cell.

Mary asks…

In california, are you required by law to give 30 days notice to move out if a rental contract was never signe?

I live in berkeley, ca and I never signed any type of rental agreement or contract, the house has other people. Do i still have to give a 30 days notice before I move out?

Administrator answers:

Yes, by law. You did make an agreement, by moving in and paying rent, no actual contract is required.

Richard asks…

If a rental contract is in Oregon but the house in in Washington is it still right?

This is kind of a lot of information, not sure if all is needed. But with in 30 days we have found out that our renters in Washington has been busted for drugs, id theft and many other charges, he is now out. Him and his ex are both on the rental agreement that is Oregon. His ex was going to keep the place but, we have decided that we don’t want all the drama at the rental house any more for the fact that when we went up there to check on the house windows and doors were broken and a hole in the floor. We also found drugs in the house after the cops took everything that they wanted. pretty much our question is if we are using Oregon termination notices and rental agreements is everything legal or do we need to get Washington papers? Please don’t just guess we need to make sure that this is right and we are doing as much looking up as we can but need an answer quick thank you for reading

Administrator answers:

Sounds like a really bad deal for you. Bummer!

Considering that you can get generic lease agreements as free downloads on the internet, or buy them in office supply stores, I’m not sure why you would use Oregon specific docs.

There are several references in our lease agreements referencing the Texas Property Code (citing “chapter & verse”) regarding property condition, security deposit, repairs, and Controlling Law. And the promulgated form we use has Texas all over it.

I suggest that you consult a tenant’s council in Washington to see what their recommendations are.

John asks…

Hi, I what sort of rental contract should I use if I want to rent out my house for 18 months?

Should I use a letting agent or solicitor to do this for me?

Administrator answers:

You only have one choice over type of contract – it will be an “Assured Shorthold Tenancy” if you are in England/Wales.

The length of the term can be any length you like, and if you and the tenant want to it can then run on indefinately on a month-to-month basis.

Usually ASTs are for 6 months for new tenants.

Beware – if you do a contract for 18 months, that does not mean the tenants will go after 18 months. You can only remove people with a court order (well unless they co-operate) and this can take 3 months in total.

Both landlord and tenant are tied in for the length of the initial AST but once that is over Landlord has to give 2 months notice, ending on the same day of the month as the original AST did. At the end of the AST the tenant has to give no notice, after that they must give one months notice, again ending on the same day of the month as the original AST did. If there is no fixed term, or it is a very short one, then you can not start eviction until 6 months.

However, if you have rent arrears or other problems there is a different process which isn’t much quicker but can be done within the fixed term

If you take a security deposit (and you should) then it needs to be protected in a government approved scheme. The easiest is the Deposit Protection Service (google DPS) and it is free.

You will need any gas appliances to pass an annual ‘Landlords Gas Safety Inspection’ and all electrics must be safe.

Before you market the property, you will need an “Energy Performance Certificate”. These are done by the same people who prepare HIPs for house sales.

An agent can do all this, but will obviously charge.

You have 2 basic options – let only or let/rent/manage

For the first you will pay between 2 & 4 weeks rent
For the second you will pay around a weeks rent PLUS 10 – 15% per month of the rent.
Those prices are plus any ‘costs’

If you use an agent – make sure they are members of ARLA or NALS.

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