Renting an Apartment or House Due to Divorce

When you rent an apartment you are considered the tenant. There are typically three main types of tenants.

Tenants with written leases:

Most leases are set for a certain period of time, typically one full year. It is extremely important to know whether or not your lease is self extending, or whether you have the option to renew. If your lease is self-extending, you must give your landlord written notice that you want to discontinue or not renew your lease. Normally, you must deliver this information to the landlord one month prior to the ending of the lease. Otherwise, the lease will automatically be renewed for an additional year ( if that was the original lease agreement).

If your lease gives you an option to renew, than you are not required to give a written notice prior to the ending of the initial lease. You will have to give notice if you plan to renew.

Tenant at Will:

If you are living in your apartment without any type of written lease, but with the verbal permission of the landlord, you are a tenant at will. Under this type of tenancy and agreement, the landlord can require you to leave as long as he or she has given you 30 days prior notice.

A tenant at will means you may have an oral agreement, a written lease without date specifications, an expired lease, or a written lease that is month to month.

Tenants by Regulation:

If you are going to be living in an apartment protected under rent control, or if you live in a public or subsidized housing, you are a tenant by regulation. You may have additional protections and obligations under federal, state, and local laws.

Security Deposits

A security deposit is money that you give the landlord prior to moving into the apartment or house. The purpose of the security deposit is to protect the landlord for any damage to the apartment or unpaid rent while you are living there. The landlord is required to keep the security deposit in a separate bank account and deliver you the deposit plus five percent interest as long as the walk through at the end of your lease proves that the apartment does not have any extended damage or wear and tear. A security deposit typically should not be more than one months rent. It is not uncommon for landlords to attempt to keep all or part of the security deposit, because often times improvements will have to be made before another party is willing to rent the apartment.

Statement of Condition

Within ten days of moving, the landlord should deliver to you a signed statement of condition describing the condition of the apartment at the time of the move. The statement will appear as a valuation checklist of different items inside the apartment ( walls, windows, shades, appliances, etc.). The checklist will describe the condition of the items and it is your responsibility to review each item on the list to make sure it is accurate. The statement of condition should be disputed or signed and returned with in two weeks. Otherwise it will be assumed that you agree with the statement.

Last Month’s Rent

The last month’s rent is to protect your landlord in case you leave before the lease is over. This will give the landlord a months rent, until another tenant is found. The last month’s rent is often used as a security deposit. The landlord does not have to keep the last month’s rent in a separate bank account, but is required to pay interest on it if he or she plans to return it. Always remember to get a dated receipt for everything you give your landlord.



Related Article Archives
Counseling Issues
Domestic Violence
    All Article Archives

Related Categories
Divorce Recovery
Friendly Divorce
Parenting Through Divorce
    All Categories
Related Forums
Domestic Abuse
Helping Children
Life After Divorce
Relationships
Parenting
Stepfamily Issues
    All Forums

Resources & Tools

Bookstore Promotion Discount

Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.
   
DEATH WITHOUT A BODY – Divorce for most people who made a good faith effort at making a marriage work is like death without a body. The alienated spouses move through stages very similar to those described by Elizabeth Kubler-Ross, in her landmark On Death and Dying, including denial and isolation, anger, bargaining, depression, and acceptance.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Men's Book Men's Rights Manual for Divorce

Men's Rights Manual for Divorce

Men's Rights Manual for Divorce

 

Women's Book Women's Rights Manual for Divorce

Women's Rights Manual for Divorce

Women's Rights Manual for Divorce

Start Reaching Potential Clients Today. Divorce Source for Professionals

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"