Lease Terms
Ask the Real Estate Lawyer: Real Estate Law Q&A
REM # LAW 777
By Ilyce R. Glink and Samuel J. Tamkin
Summary: Lease terms dictate what a tenant can and cannot do to a rental property. Sam and Ilyce explain to this ThinkGlink reader that as a landlord that has damage done by a tenant, his best recourse is to keep the security deposit.
Q: My tenant cut down all our trees, hedges, and landscaping without our permission.
What can I do?
A: If you signed a written lease with your tenant, most leases will provide that the tenant can’t alter or modify the leased home without the landlord’s permission. Most leases will also provide that the tenants must maintain the property in good condition or in the same condition as it was given to them on the start of the lease.
If the tenant has violated the terms of the lease, the tenant is responsible for the damage.
You can bill the tenant for the damage and if they fail to pay, you can use the security deposit they left with you to pay for the damage. If the security deposit is not enough and the tenants refuse to pay you what it will cost to replace the landscaping, you’ll have to sue your tenants to recover the money they owe you.
If you don’t have a written lease, the history of court cases in your
state would govern what actions your tenants make take while renting a property
from you. If you own a property in an urban area, it should be deemed inappropriate
and a “waste” to have a tenant remove landscaping on the property.
You may want to talk to a real estate attorney to review your lease and determine
what your course of action should take.
Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce R. Glink’s latest book is 50 Simple Steps You Can Take To Sell Your Home Faster and For More Money In Any Market. If you have questions for them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022 or contact them through Ilyce’s website www.thinkglink.com
Capital Gains Tax Question
Quitclaim Deed Does Not Change Mortgage
1031 Exchanges to Avoid Capital Gains Taxes
Lien on Inherited Property
Right of Way
Link to This Article
Like what you've read? Spread the word! You can link to this article
from your website by copying the following code and adding it to
a page on your website:
Copyright ©2001-2007. ThinkGlink, Inc.
All rights reserved. Reproduction of material from any www.ThinkGlink.com pages without permission is strictly prohibited.
Site designed by Walker Sands Communications
