12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

FAQs about Lease and Rental Agreements in Zip Code 59801

FAQs about Lease and Rental Agreements in Zip Code 59801


Thoroughly read all your contracts. I really mean thoroughly.
 
- Bret Michaels


A lease or rental agreement is an important document that can address important issues regarding tenancy.

Do I need a written lease agreement?

Yes, it is always a good idea to get a written lease agreement. Although, most of the time, oral agreements made between tenant and landlords regarding the use of their property can be legally enforced, it is hard to verify the terms, as each party may remember them differently. Getting it in writing can prevent future disputes and misunderstandings.

A lease or rental agreement is an important document that can address important issues regarding tenancy such as:

• How long is the tenancy period

• Deposits and rent that the renter will pay

• The actual number of people who can live on the rental property

• Utilities and who will pay for it

• Pets are allowed or not

• Can the tenant sublet the property

• Landlord's access to the rental property

• Who will pay the lawyers fee if there is a lawsuit concerning the meaning or implementation of the lease or rental agreement

What's the difference between rental and lease agreement?

A rental agreement is short period tenancy often around 30 days and the contract is renewable after the tenancy period. On month-to-month rentals, the landlord can add or change some terms in the agreement with a proper written notice.

On the other hand, a written lease has a set term. It can be six months to a year or longer for as long as the rent is being paid and the terms of the lease contract are being followed. Unlike in the rental agreement, the landlord cannot make changes in the terms of tenancy during the lease period unless the tenant agrees.


A lease that has expired will not automatically renew, unlike in case of the rental agreement. If the tenant opts to stay, and the landlord consents, theagreement can be renewed for a fixed term or become a month-to-month and the tenant will be subject to rental terms that were on the lease.

Are there restrictions on how much a landlord can raise the rent?

Most states do not limit the amount of rent a landlord can charge. However, rent control ordinances in some cities and counties do regulate how much a landlord can charge and limit increases in rent (please see below). If a rent control ordinance does not apply, a landlord can raise the rent after giving the tenant a proper written notice. Generally, the landlord may raise the rent for a month-to-month tenancy by giving the tenant 30 days' notice, though some states require 45 or 60 days' notice.

To raise the rent on leased property, the landlord must wait until the end of the lease term, unless the tenant agrees or the terms of the lease allow it. At the end of the tenancy, the landlord and the tenant may enter into a new lease with new terms regarding the rent, or they may continue the expired lease on a month-to-month basis. Rent control ordinances limit rent increases on rent-controlled properties.


Can a landlord charge a late fee?

Yes, a landlord can charge a tenant a late fee when rent is received after the due date. A landlord must include the late fees in the rental or lease agreement. Some states limit the amount a landlord can charge in fees, but even states without limitations will prohibit unreasonably high late fees. Typically, a late charge of less than 5% of the rent is acceptable.

How does rent control work?

Rent control was introduced by the federal government during World War II along with other price controls. Since then, it has been abolished almost everywhere. Rent control ordinances exist in a few communities in California, Maryland, New Jersey, New York, and the District of Columbia. These localities have laws that limit the landlord's ability to set the rent and they limit the amount and frequency of rent increases. It also limits a landlord's freedom to terminate tenancy at will. They need to show a legal cause for termination.

Most city and county ordinances also allow a landlord to raise the rent when a tenant moves out or if the landlord receives the Rent Control board's approval. Rent control laws only apply to specific properties, usually older residential properties built before a certain time.

How much security deposits can a landlord charge? What is it used for?

A security deposit is allowable in all state once a tenant moves in, the amount can be a month or two of the rent depending on the state and it is deposit is placed into a separate account. The deposits are normally to protect the landlord for unpaid rent and damages beyond normal wear and tear.


After a tenant vacates a rental unit, the landlord must return the unused amount of the security deposit to the tenant within the time specified by state law.

When is rent due?

A landlord can require a tenant to pay rent on any day of the month or even multiple times per month. In most cases rent is due on the first day of the month. In many states, if the due date falls on a weekend or a legal holiday, the rent is due the next business day.

What terms in a lease agreement favor the landlord?

The following examples are of provisions that favor the landlord:

• Automatic rent increases based on the landlord's increased operating costs

• Shared utility meters

• An agreement to obey future rules implemented by the landlord

What terms in a lease agreement are illegal?

In many states, the inclusion of the following terms will result in the invalidation of the lease or rental agreement:

• "Hold harmless" clauses -- a tenant waiver of the right to sue the landlord

• A provision that waives the tenant's right to a refund of a security deposit

• A waiver of the landlord's duty to keep the premises habitable A provision that permits the landlord unrestricted entry beyond what the law allows

A renter should also avoid signing a lease or rental agreement with blank spaces.

 
Personalize & Print a Free MT Last Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
 
Personalize & Print a Free MT Living Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Related Legal Services near Zip Code 59801
Fagan Christopher
1821 South Ave W # 300
Missoula, MT 59801
(406) 721-9700
Attorneys, Legal Service Plans
Erickson Robert
1821 South Ave W # 300
Missoula, MT 59801
(406) 721-9700
Attorneys, Tax Attorneys, Mediation Services, Legal Service Plans, Admiralty & Maritime Law Attorney
Johnson Chris A
1821 South Ave W # 102
Missoula, MT 59801
(406) 721-9700
Attorneys, Legal Service Plans
Mungas
1821 South Ave W
Missoula, MT 59801
(406) 721-9700
Attorneys, Legal Service Plans
Reely Shane N
3819 Stephens Ave # 201
Missoula, MT 59801
(406) 541-9700
Attorneys,  Tax Attorneys,  General Practice Attorneys,  Legal Service Plans
Rhoades Quentin M
1821 South Ave W # 300
Missoula, MT 59801
(406) 721-9700
Attorneys
Shoquist Liesel
1821 South Ave W
Missoula, MT 59801
(406) 721-9700
Attorneys, Legal Service Plans
Sullivan Zane K
1821 South Ave W # 300
Missoula, MT 59801
(406) 721-9700
Attorneys
Tabaracci John K
1821 South Ave W # 102
Missoula, MT 59801
(406) 721-9700
Attorneys
Wagner Nathan B
1821 South Ave W # 102
Missoula, MT 59801
(406) 721-9700
Attorneys, Legal Service Plans
Hess-Homeier M Joan PHD
445 S 5th St W
Missoula, MT 59801
(406) 549-9611
Attorneys, Landlord & Tenant Attorneys, Real Estate Attorneys, General Practice Attorneys, Legal Ser
Hess-Homeier Ted
445 S 5th St W
Missoula, MT 59801
(406) 549-9611
Attorneys,  Landlord & Tenant Attorneys,  Real Estate Attorneys,  General Practice Attorneys,  Legal
Geer Suzanne
1615 S 3rd St W
Missoula, MT 59801
(406) 549-9524
Accident & Property Damage Attorneys,  Attorneys,  Family Law Attorneys,  General Practice Attorneys
Skjelset Doug G
1615 S 3rd St W
Missoula, MT 59801
(406) 549-9524
Attorneys,  Criminal Law Attorneys,  Social Security & Disability Law Attorneys,  Accident & Propert
Marsillo & Schuyler
103 S 5th St E
Missoula, MT 59801
(406) 543-8261
Estate Planning Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Atto
Binney Law Firm P C PC
1001 S Higgins Ave
Missoula, MT 59801
(406) 541-8020
General Practice Attorneys,  Attorneys,  Legal Service Plans,  Bankruptcy Law Attorneys
Fletch Law P PC
612 S 5th St W
Missoula, MT 59801
(406) 541-7307
Social Security & Disability Law Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Corp
Fletch Law P
523 S Orange St
Missoula, MT 59801
(406) 541-7307
Insurance Attorneys,  Attorneys,  Social Security & Disability Law Attorneys,  Personal Injury Law A
Stevenson, Mathew M Stevenson Law Office
1120 Kensington Ave # B
Missoula, MT 59801
(406) 721-7000
Attorneys,  Criminal Law Attorneys,  DUI & DWI Attorneys,  General Practice Attorneys,  Legal Servic
Shaffer Law Office
405 S 1st St W
Missoula, MT 59801
(406) 543-6929
Attorneys, General Practice Attorneys
Badaruddin Shandor S
736 S 3rd St W
Missoula, MT 59801
(406) 728-6868
Attorneys
Moriarity Badaruddin & Booke
736 S 3rd St W
Missoula, MT 59801
(406) 728-6868
Attorneys
Shandor S. Badaruddin, Attorney
736 S 3rd St W
Missoula, MT 59801
(888) 811-6626
Litigation & Tort Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law
Graham Law Firm
1008 South Ave W
Missoula, MT 59801
(406) 541-6444
Attorneys, General Practice Attorneys, Corporation & Partnership Law Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US