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>Renting
Laws >Tenant Noncompliance
TENANT
NONCOMPLIANCE
There
are many laws in the Landlord Tenant Act that you should know when
renting an apartment. Keep in mind that each of these laws have possible
legal consequences. Remember that your landlord is a
person and often the easiest way to deal with landlord-tenant
problems is to TALK ABOUT THE PROBLEM (see Advice
On Dealing With Landlords). The following laws refer to
situations where the tenant has NOT fulfilled her/his legal duties (see Tenant
Duties for a list).
Click on
any of these links for information on the topic:
When
Is the Landlord
Allowed to Take Your Possessions?
What
Happens If You Ignore Maintenance Problems?
What
Happens If You Violate
Your Lease?
What
Happens If You Didn't Pay Rent?
What
Happens If You Abandon Your Apartment?
When
Are You Not Allowed
To Keep Your Landlord Out of Your Apartment?
Landlord
Can Take Your Possessions
Your
Landlord can legally take custody (and possibly permanently keep)
anything that belongs to you if:
-
You
violate your building codes or the housing codes of Lexington (see
Code Enforcement) because you have not
taken care of your apartment.
-
You
allow someone who does not live in the apartment to violate your
building codes or the housing codes of Lexington (see Code
Enforcement).
-
You
owe the landlord rent or other money for an agreed payment AND you
gave him/her permission in writing to take your possessions (such
as in a lease, see Reading Your Lease).
If you did not give your landlord permission to take your
possessions in a lease, s/he can also get court permission to
take them if the situation becomes severe.
-
The
landlord must alter, remodel, or demolish the property (such that
a tenant cannot use it) in order to comply with building or
housing codes.
-
You
leave your possessions behind when you move out.
-
You
completely abandon the property. (If the tenant comes looking for
belongings, s/he has not abandoned them.)
The
purpose of this confiscation is to pressure you to pay the landlord
back for whatever problem you have caused. If you do not pay the
landlord back, then s/he can keep your possession(s).
-
The
landlord is allowed to enter your residency (at a reasonable time
and peaceful manner) to confiscate your property for this purpose.
-
The
landlord can usually only take certain possessions (such as
stereos, records and televisions). She/he canNOT take other
possessions (such as small kitchen appliances, cooking utensils,
bedding, beds, necessary clothes and personal records).
-
Often
your landlord can take certain possessions because it is written
into your lease. This is why it is important to read your lease
before you sign it and change whatever you don’t like.
>>
If your landlord has taken some of your possessions, then you
should contact Tenant Services or
a Lawyer immediately!
Maintenance
Neglect
-
The
tenant must make efforts to get repairs made, damaged items
replaced, or items cleaned (the labor might be done by either you
or your landlord, depending on your agreement) that affect health
and/or safety.
-
If
you do not promptly respond to these needs as each condition
requires, the landlord can send you a written notice specifying
that you have violated your lease contract and asking that you fix
the problem within the next 14 days (if it is an emergency the
landlord can ask for a shorter period of time).
-
If
after 14 days (unless it is an emergency) you do not remedy the
situation, the landlord can enter your apartment and fix the
problem in a “workmanlike manner” and submit an itemized bill
for the costs or the value of the repair and add this amount to
your rent on the next date periodic rent is due (usually the 1st
of every month).
-
If
your lease has already ended, the landlord can ask for immediate
payment.
-
Under
the Landlord Tenant Act, the tenant is obligated to tell the
landlord of needed repairs and to take care of the apartment. If
you neglect maintenance issues, you are violating the law and
could be evicted (see Violating The Lease).
Violating
The Lease
Usually
a landlord will try to resolve a problem with a tenant by talking to
him/her first. The following are legal actions that a landlord can
take against a tenant who is violating the lease. Most landlords will
not take this kind of action unless it is absolutely necessary.
-
If
you do not comply with any one of the conditions stated in the
lease (or with the laws in the Landlord Tenant Act, see Tenant
Duties), the landlord may deliver a written notice to you
specifying the violations that you have made. The notice will also
state that the landlord will end the lease and evict you in no
less than 14 days.
-
If
you fix the problem within 14 days the landlord cannot evict you.
If the same problem happens again within 6 months, the landlord
may send another written notice specifying the violation and evict
you within 14 days (regardless of whether or not you correct the
violation this time).
-
If
you do not fix the problem within 14 days after getting the
notice, the landlord may give you an extension. If he/she does not
wish to give you an extension, the landlord can get a “Forcible
Detainer Warrant” sent to you on behalf of the constable (this
warrant is a notice that you will be Evicted
unless you come to the trial date and defend yourself). The
warrant will have a trial date stated on it.
-
If
you receive this warrant, you should review it carefully and see a
lawyer immediately (for a lawyer, see Legal
Help).
-
GO
TO THE TRIAL! This hearing will determine whether or not you will
be evicted.
-
If
you are found guilty at the hearing (or you do not show up!), the
sheriff or constable will physically remove you from your
apartment a few days after the court date.
-
For
more on eviction see Eviction.
-
If
you do not comply with any of the conditions stated in the lease
and your landlord is damaged as a result (either financially or in
some other way), then the landlord can take you to court in order
to get paid back (including attorney fees).
-
If
you do not leave the apartment after the lease has ended, the
landlord may take you to court to force you out of the apartment
and sue you for more than 3 months rent, or three times the amount
of damage sustained by the landlord, whichever is greater (plus
attorney fees).
Not
Paying Rent (on time or at all)
The
tenant must pay rent at the time and place agreed upon by the tenant
and landlord. The law specifies that unless a different agreement is
made between both the landlord and tenant, the rent must be paid at
the BEGINNING OF EACH MONTH of tenancy. In the case of a roomer,
unless the rental agreement fixes a definite term, the tenancy is
week-to-week and the roomer must pay weekly.
The
landlord does not have to (and usually does not) send any kind of
reminder to the tenant to pay rent. YOU are responsible for
remembering to pay!
Most
landlords will tell you when you move into an apartment that there is
a late fee for late rent or there is some other process that s/he
uses when tenants are late with rent. If you are unsure of the
consequences that your landlord has set to deal with late rent, then
be sure to call him/her and ask. The following possibilities are only
things that are legally allowed to happen if you do not pay rent (on
time or at all). Most landlords will not take this kind of action
unless it is absolutely necessary.
-
If
you do not pay rent on time, the landlord can send a written
notice warning that s/he will end the lease and Evict
you if you do not pay within 7 days.
-
If
you pay the rent in full within 7 days, the landlord must accept
the money and s/he cannot evict you or end your lease.
-
If
you do not pay the rent 7 days after getting the notice, the
landlord may give you an extension. If s/he does not wish to
give you an extension, the landlord can get a “Forcible Detainer
Warrant” sent to you on behalf of the constable (this warrant is
a notice that you will be evicted unless you come to the trial
date and defend yourself). The warrant will have a trial date
stated on it.
-
If
you receive this warrant, you should review it carefully and see a
lawyer immediately (for a lawyer, see Legal
Help).
-
GO
TO THE TRIAL! This hearing will determine whether or not you will
be evicted.
-
If
you are found guilty at the hearing (or you do not show up!), the
sheriff or constable will physically remove you from your
apartment a few days after the court date.
-
For
more on eviction see Eviction.
Gone
For Awhile / Complete Abandonment
If
you are planning to leave your apartment for an extended period of
time (e.g. over a holiday) or abandon the apartment completely before
your lease has ended, be sure to notify your landlord. If you do not,
then there are legal consequences that could result (also see Ending
Tenancy):
-
Many
leases ask that a tenant Give Notice to
the landlord if s/he is going to be absent from the apartment
for more than 7 days. If your lease states this, you do not notify
the landlord of your absence, and the landlord is somehow damaged
as a result (his property or in some other way), the landlord can
make you pay her/him back.
-
If
the tenant is absent from the apartment for more than 7 days, the
landlord is legally allowed to ENTER the apartment at reasonable
times. (Perhaps s/he wants to make sure everything is still
working or the pipes have not exploded). The landlord should have
a good purpose for entering your apartment without you there,
but if you are suspicious of your landlord then be aware of this
legal rule!
-
If
the tenant abandons the apartment, the landlord is allowed to make
reasonable efforts to rent it to someone else. If the landlord
rents the apartment before the previous tenant’s lease is over,
the old lease is terminated automatically on the date of the new
tenancy. If the landlord does not wish to re-rent the apartment,
or the landlord “accepts the abandonment as a surrender,” the
lease is considered “terminated” by the landlord as of the
date the landlord received notice of the abandonment.
IF YOU WANT TO LEAVE YOUR APARTMENT FOR A LONG PERIOD OF
TIME, BE SURE TO NOTIFY THE LANDLORD SO S/HE DOES NOT END YOUR
LEASE. (You should, of course, continue to pay rent while you are
gone or the landlord can terminate your lease.)
-
If
the rental agreement is only month-to-month or week-to-week, then
the term of the rental agreement ends monthly or weekly.
-
If
you leave any of your possessions behind when you abandon the
apartment, the landlord is allowed to keep them.
Not
Allowing the Landlord Access
If
a tenant refuses to allow the landlord access to the apartment, and
the landlord has given 2 days notice (except in the case of
emergencies, see Tenant Rights), the
landlord is legally allowed to access the apartment by any means
necessary or terminate the lease.
In either case, if the landlord receives damages as a result
(financially or otherwise), s/he is allowed to take the tenant to
court to get paid back (including attorney’s fees).
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