The Guide of filling out Residential Leasing And Management Agreement Notice To Vacate Online
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How much time do landlords legally have to give you to move out if you do not want to sign a new lease with a hefty rent increase?
How much time do landlords legally have to give you to move out if you do not want to sign a new lease with a hefty rent increase?Rent increase or not is irrelevant. If you fail to sign a lease renewal for what ever reason, then you tenancy continues on a month to month basis. Laws differ from state to state and even from city to city in some places. But the general rule is that your landlord will need to give you a 30 day notice to vacate. In California if it was a residential lease for a year or more then the landlord must give you 60 days notice. He can serve the notice before the end of the lease or wait until it expires.Experienced landlords will typically send the renewal and expect it back before the 30 or 60 days. I manage over 4,000 apartments and we mail a notice of intent (not a legal requirement) typically 90 days before the end of their lease. This is a notice that lets people know what we expect upon lease renewal and as a reminder that if they want to move out they must give us notice. The new lease will be presented to them about 70 days before end of the lease along with a letter asking them to return a signed copy or come into the office and sign it. If not signed by the 60 days then we do give 60 days notice. If they sign a renewal at any time before the end of the 60 days then there is a new agreement and the 60 day notice is meaningless.If they don’t sign or move out then we start the eviction process.So a landlord must give you 30 or 60 days to move but the start date need not be the end of the lease.
What questions can you ask your landlord before moving in or renting an apartment in India?
All the listed below questions may not be applicable to you. Hence be selective on your questions.Try to gather true information from multiple sources instead of depending only on landlord. Other sources from neighbor, previous tenant, society maintenance staff, security, vendors (society electrician, plumber), etc..Here are few useful questions to ask,Ownership proof? Make-sure you are dealing with landlord, broker or property management firmIs the landlord lives in the same building?What is the rent per month?What is agreement duration? 12 month? 6 month? 1 month?How much is security deposit? Is security deposit refundable? Is security deposit paid on installment basis instead single shot?Is there lock-in period in this lease contract? What if we break contract early?What are my document require to complete screening procedureWill you provide PAN or aadhar number? (This is mainly applicable for Indian tenant to claim HRA and tax benefit)How is the water availability? Is there water scarcity?What is the frequency of power cut (electricity connectivity)?Power back-up available?Security and cctv camera available?Parking available for 4 wheeler and 2 wheeler?Transportation connectivity to office, hospital, school, market, bus stop, railway station, airport, bank and ATM?When is the possession available to occupy?Rent paid in month advance or month completion?Do i get rent discount if i sign long lease?Do i get rent discount if i pay quarterly or annual rent in advance? instead monthlyIf possession taken between month, is rent payable on pro-rated basis or complete month rent or rent free periodWhat is the maintenance cost? Is the maintenance cost paid monthly, quarterly or annual?In case of fluctuation in maintenance cost during tenant, who is liable to pay fluctuated cost?Which utility am i responsible to pay? such as electricity, water, parking, gas, common area utility etc..What are the furniture includes in lease? Is the details of furniture listed in lease agreement?What is year on year rental appreciation? what is the renewal policy?What is the mode of transaction for rent and security deposit payment? by online transfer, cheque or cash (Don’t accept cash transaction)Property be painted and cleaned before we take possession?Will i get receipt for rent payment?Guest are allowedWeekend party or family functions allowed to conduct?Who should execute lease agreement? landlord or tenant?Allowed to sub-lease property? especially parking space or additional room in basement which i will not be using?During tenancy, who is responsible for repair of furniture, fitting and appliances?At the time of vacating property, is tenant liable to pay renovation cost of painting & cleaning? and How much?Who is liable to pay taxes, cesses, assessment charges to Govt. Body / authority pertain to rental property?What is the notice period to vacate property? (usually anywhere between 1 - 3 months for residential and unto 6 month for commercial)Pets allowed? What is pet policy?What are the amenities includes? Gym, swimming pool, club house, children play area, Jogging track, super market? indoor games, out door games, library, visitors parking, etc…Is there penalty for late payment of bills and rent?What are the apartment or gated society rules and regulations?When are the utility bills to be paid?Is there periodic or proactive maintenance available?What is the typical turn-around time to attend maintenance issues?Does maintenance team function 24X7?Am I allowed to decorate interior? Hang pictures, frames, couple of needle hole, wall mount for television, air conditionerHas this place has pest issue? What are the pest control measures taken?Is there periodic inspection during tenancy, what will be your advance notice?What is the crime, accident and theft rate at this locality?Is the apartment noisy, is there highway road nearby and any other noise from sports club, children play area, factory, etc..Do all the fittings of water flow, faucet, curtain rods, windows, door stopper, cardboard hinges, toilet-seat, water heater, shower, soap stand, towel hanger are in good conditionDo you change lock between each tenant?Do you accept payments from individual roommate or one single consolidated pay? (This is applicable for only join tenancy)Is there Move-in and move-out charge?Is wi-fi available?Describe your ideal tenant?Will add more…Once you finalized the property, execute rental agreement on non-judicial stamp paper. Don’t depend on verbal agreement and promises.We share standard agreement template for Bangalore/ Karnataka location. Please write to us [email protected] to avail draft at no cost.We provide customized rental agreement service in Bangalore. Our service includes agreement execution + lawyer notary + home delivered. To opt for our service, please write to us [email protected] or whats-app +91–9742479020.Thank you for reading…
My mother has rented a house for 11 years. Yesterday when she got home from work she noticed a realtor sign saying for sale on the front yard. The landlord gave no notice, isn't this wrong?
Short answer: that’s illegal here in NSW.Long answer: When we sign up an owner of a tenanted property to put their property on the sale market, we as the selling agent (irrespective of whether we’re the managing leasing agent) are required to issue written notice to the tenant that we will be placing that property on the market in no less than 14 days from the date of the letter. We can’t advertise or show the property until those 14 days have expired.Once the property is on the market, we are legally allowed to show it up to twice a week without interference from the tenant. We must provide 48 hours notice before accessing the property (even if the tenant says “no inspections” we can say “sorry, but we’ll be there Wednesday 3pm to show one person through and Saturday 10am–10:30am for an open house” if we let them by the preceeding Monday 3pm). We can ask to show it more often, however the tenant has the right to refuse after 2 inspections have been done. I will say that in 10 years, I’ve never seen an inspection forced by our agents or on our tenants by any of the other agents in town.When the property contracts have exchanged but the matter hasn’t settled (contracts have been signed by both parties but the financial side hasn’t been finalised) and if vacant possession is required, this is the time when we (or the managing agent) issue a notice to vacate, which is either 30-days or the lease expiry date, whichever is applicable.The legality:In NSW we’re governed by the Residential Tenancies Act 2010.Division 3 Occupation and Use of Residential Premises, Section 53 Sale of Residential Premises addresses the landlord’s responsibilites when putting the property on the market. Quoted directly from the Act:A landlord must give the tenant written notice of the landlord’s intention to sell the residential premises not later than 14 days before the premises are first made available for inspection by prospective purchasers.A landlord or the agent of the landlord for the sale of the residential premises must make all reasonable efforts to agree with the tenant as to the days and times when the residential premises are to be periodically available for inspection by prospective purchasers.A tenant must not unreasonably refuse to agree to days and times when the residential premises are to be periodically available for inspection by prospective purchasers.A tenant is not required to agree to the residential premises being available for inspection by prospective purchasers more than twice a week.This section is a term of every residential tenancy agreement.Division 4 Landlord’s rights to enter residential premises, Section 55 Access generally by landlord to residential premises without consent2. (f) if the landlord and tenant fail to agree under section 53 to show the premises to prospective purchasers, not more than twice in any period of a week, if the tenant is given not less than 48 hours notice each time.Division 2 Termination by Landlord, Section 86 Sale of Premises deals with the notice to vacate (if appropriate) once the property has sold.(1) A landlord may give a termination notice on the ground that the landlord has entered into a contract for the sale of the residential premises under which the landlord is required to give vacant possession of the premises.(2) The termination notice must specify a termination date that is not earlier than 30 days after the day on which the notice is given.(3) The landlord must not give a termination notice under this section that specifies a termination date that is before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.(4) The Tribunal may, on application by a landlord, make a termination order if it is satisfied that:(a) the landlord has entered into a contract for the sale of the residential premises that is proceeding under which the landlord is required to give vacant possession of the premises, and(b) a termination notice was given in accordance with this section and the tenant has not vacated the premises as required by the notice
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