American humorist Josh Billings observed, “The trouble with people is not that they don’t know, but that they know so much that ain’t so.” Landlords knowing too much that ain’t so can easily fall victim to the bad tenant who knows less that ain’t so, 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 so. When it is spelled out in a lease, the lease language trumps the things someone thinks he or she knows.
Here are four things that landlords, tenants or both know that just ain’t so.
Ain’t So #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 So #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 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 So # 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 So #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 are waiting 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 so that can result in a huge hit to your bank account.
One Comment on “What Just Ain’t So”
Oshcar
August 24, 2015 at 12:07 pm
I am a landlord AND an iarsunnce sales rep so I have experience from both sides of the situation. You couldn’t get renters iarsunnce because that is the coverage a tenant gets to cover their belongings, it don’t cover the home. Now you don’t need full home owners iarsunnce. It is a waste of money on your part. If your personal home burns down you need coverage on the home and your contents inside. If your rental home burns down, what do you need covered? Just the home, not the contents. As a landlord you are NOT responsible for the tenants contents. You need to reduce your home owners policy to only structure coverage. It will cost much less and is best when it comes to responsibility, if something should happen. You should contact a company like State Farm(they pay claims really well), Farm Bureau, American Family(although I personally don’t care for them and how they pay claims). They are going to have more knowledge on what you are looking for.