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 Wagener, SC

FAQs about Lease and Rental Agreements in Wagener, SC


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 SC 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 SC 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 Wagener, SC
Phipps Law Firm
260 W Coleman Blvd Suite A
Mount Pleasant, SC 29464
(843) 216-9797
Attorneys,  Arbitration Services,  Attorneys Referral & Information Service,  Divorce Assistance,  G
John Church
749 Johnnie Dodds Blvd
Mount Pleasant, SC 29464
(843) 654-9745
Attorneys
Don C Gibson
300 W Coleman Blvd
Mount Pleasant, SC 29464
(843) 884-9654
General Practice Attorneys, Attorneys
O'Neill & Phipps
1473 Stuart Engals Blvd
Mount Pleasant, SC 29464
(843) 884-9494
Attorneys
O'Neill Law Firm
1473 Stuart Engals Blvd
Mount Pleasant, SC 29464
(843) 884-9494
Criminal Law Attorneys, Attorneys
Phipps, Edward - O'neill & Phipps
260 W Coleman Blvd # A
Mount Pleasant, SC 29464
(843) 884-9494
Criminal Law Attorneys, Attorneys, General Practice Attorneys
Benson And Miller Law Frim, Llc
410 Mill St
Mount Pleasant, SC 29464
(843) 971-9477
Elder Law Attorneys, Attorneys, General Practice Attorneys
Harleston Law Firm
909 Tall Pine Rd
Mount Pleasant, SC 29464
(843) 971-9453
General Practice Attorneys, Attorneys, Trademark Agents & Consultants
D Carlyle Rogers Jr PC
1417 Stuart Engals Blvd
Mount Pleasant, SC 29464
(843) 654-9425
Real Estate Attorneys, Attorneys
Gilbert Heather C Atty
503 Belle Hall Pkwy
Mount Pleasant, SC 29464
(843) 856-9227
Real Estate Attorneys, Attorneys, Legal Service Plans
Maiden Graham
28 Bridgeside Blvd
Mount Pleasant, SC 29464
(843) 216-9005
Civil Litigation & Trial Law Attorneys, Attorneys
Cothran, Samuel B Jr
28 Bridgeside Blvd
Mount Pleasant, SC 29464
(843) 216-9000
Attorneys
CunninghamBenjamin D.
28 Bridgeside Blvd
Mount Pleasant, SC 29464
(843) 216-9000
General Practice Attorneys, Attorneys
Leventis Henry
28 Bridgeside Blvd
Mount Pleasant, SC 29464
(843) 216-9000
Attorneys
Motley Rice
28 Bridgeside Blvd
Mount Pleasant, SC 29464
(843) 216-9000
Attorneys, Environment & Natural Resources Law Attorneys, Litigation & Tort Attorneys, Labor & Emplo
Rice, Joseph F
28 Bridgeside Blvd
Mount Pleasant, SC 29464
(843) 216-9000
Personal Injury Law Attorneys, Attorneys
Mc Donnell Law Firm
812 Johnnie Dodds Blvd # A
Mount Pleasant, SC 29464
(843) 416-8878
General Practice Attorneys, Attorneys, Legal Service Plans
Roten Josh /Atty
1002 Anna Knapp Ext
Mount Pleasant, SC 29464
(843) 216-8860
General Practice Attorneys, Attorneys
Lori Dandridge Stoney
755 Johnnie Dodds Blvd
Mount Pleasant, SC 29464
(843) 723-8683
Attorneys, Legal Service Plans
Hughey Law Firm
1311 Chuck Dawley Blvd
Mount Pleasant, SC 29464
(843) 881-8664
Personal Injury Law Attorneys, Insurance Attorneys, Attorneys
Hughey Law Firm
767 Coleman Blvd
Mount Pleasant, SC 29464
(843) 881-8644
Attorneys, Construction Law Attorneys, General Practice Attorneys, Legal Service Plans, Litigation &
Byars Law Firm
501 Bramson Ct # 100
Mount Pleasant, SC 29464
(843) 814-8585
Personal Injury Law Attorneys, Attorneys, General Practice Attorneys
Imhoff & Associates PC
55 Frogmore Rd
Mount Pleasant, SC 29464
(877) 417-8514
General Practice Attorneys, Attorneys, Criminal Law Attorneys, Legal Service Plans
Abrams Millonzi Law Offices
1558 Ben Sawyer Blvd Ste C
Mount Pleasant, SC 29464
(843) 284-8416
Family Law Attorneys, Attorneys, General Practice Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US