Real Estate Newsletter

• The Superfund System to Clean Up Hazardous Waste Sites
  In an effort to address the threat posed by the tens of thousands of abandoned and uncontrolled hazardous waste sites in the United States, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act... Read more.
• EPA Regulates Asbestos-Containing Materials
  Various construction activities, such as sawing, drilling, sanding and other remodeling procedures may release dangerous pollutants and contaminants into the environment. Asbestos, often found at construction sites, is generally... Read more.
• Placing Restrictions on the Use of Land through Covenants
  Zoning laws and ordinances are the chief method that local governments employ to regulate the use and development of property. Similar results can also be achieved by private persons or entities through the use of “restrictive... Read more.
• Valuation of Contaminated Property
  The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) imposes liability for the investigation and cleanup of contaminated real property without regard to whether the landowner created or allowed the... Read more.

• Supreme Court rules for homeowner in ‘equity theft’ dispute
• New Florida property law impacts defective construction lawsuits
• Township lawsuit alleges zoning violation over revised use of golf clubhouse
• Abandoned shopping center on Grand River targeted for demolition in city lawsuit
• Old East Dallas crane collapse: Jury returns $860 million verdict against real estate developer Greystar

Security Deposits and Landlord-Tenant Law

Landlord-tenant laws govern the rights and liabilities of parties in a landlord-tenant relationship, as well as the transaction that takes place when a commercial or residential property is rented or leased. Landlord-tenant laws involve several different areas of the law, including legal principles of real property, contracts and remedies.

Who is a Landlord and Who is a Tenant?

A “landlord” is an owner of a rental unit, which may be an apartment, house, duplex, condominium, room, commercial office space or building. A landlord may be a person or company.

A “tenant” is a person or company that rents or leases a rental unit from the landlord. During the rental or lease term, the tenant obtains the right to the exclusive use and possession of the rental unit.

Security Deposits as a Common Obligation for Tenants in Most Jurisdictions

All states permit a landlord to require a security deposit from the tenant at the time the lease relationship is formed. The amount a landlord may require differs significantly from state to state and may include up to two months of rent.

Return of Security Deposits

Most states generally allow landlords to keep all or part of a security deposit if the tenant has not maintained the cleanliness or condition of a unit. However, there are regulations that require the landlord to provide notice to the tenant with respect to how much of the security deposit is being withheld. In addition, a landlord may also be required to provide an accounting as to how much is being withheld and for what purpose.

Some jurisdictions have laws that tend to be “tenant-friendly,” while other jurisdictions have laws that may favor landlords under certain circumstances. Several states developed their landlord-tenant laws based on the Uniform Residential Landlord and Tenant Act or the Model Residential Landlord-Tenant Code, while other states enacted their own statutes. It is also important to note that in certain circumstances, common law or even federal law may also be applicable.

© 2023 NextClient.com, Inc. All rights reserved.