By Robert L. Cain, Copyright 2021 Cain Publications, Inc.
PROPERTY NEWS SERVICE
American humorist Josh Billings observed, “Ignorance ain’t not knowin’ stuff; ignorance is knowin’ stuff that AIN’T TRUE.” Landlords knowing too much that ain’t true easily fall victim to the bad tenant who knows less that ain’t true, and who is thinks in the words of the song by Blondie, “I’ll getcha getcha getcha getcha.”
That’s one reason we have rental agreements and leases. Without everything in writing, both tenants and landlords come up with all kinds of things they know that ain’t true. When it is spelled out in a lease, the lease language revokes the things someone thinks he or she knows.
Here are four things that landlords, tenants or both know that just ain’t true.
Ain’t True #1: A tenant can use the security deposit to pay the last month’s rent or for any unpaid rent.
The security deposit can be used for rent only if the landlord agrees to it. A security deposit is to pay for damages that the tenant may cause while moving in, living in or moving out of the property, not for rent.
Ain’t True #2: A tenant doesn’t have to pay rent if he or she gets a 30-day notice.
Tenants owe rent for the entire time they stay in or use a rental property. That may include rent for periods that only their belongings are in, or for when they have access to the unit. The fact that the landlord has asked a tenant to move in no way relieves the tenant of the obligation to pay rent.
Ain’t True # 3:The judge will give a tenant 30 to 90 days to move if he or she has children or a person with a disability in the household.
If a tenant loses an eviction case in court, the judge can order him or her to move out immediately. The law does not provide for extra time to people with disabilities or children. The law does not single out families with children or the disabled for special treatment if they don’t pay rent, are a bad neighbor, or damage the property.
Ain’t True #4: A landlord can’t charge more rent or a higher security deposit to one tenant than another.
The only reason a landlord may not charge one tenant more than others is for an unlawful discriminatory reason such as race, disability, or children. A landlord can charge more if it is for another, businesslike reason, such as pets, smoking, or bad credit.
Bad tenants make a living off knowing the law far better than an unread landlord. They wait for us to make a mistake so they can “getcha getcha getcha getcha” and live free for two or three months.
It’s all in the lease, assuming the lease comes from an apartment, landlord or rental owners’ association, and not from the local office supply store or free off the internet. Drag the lease out of the file, dust it off and read it. It’s not what you know, it’s what you know that ain’t true that can result in a huge hit to your bank account.