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There
are many responsibilities that make up the relationship between
renters and landlords. Both parties are under financial and legal
obligations to comply with the terms of their agreement. Attorney
Steven D. Strauss has written a book that explains this
relationship and how both parties can benefit. "Landlord And
Tenant" is a concise guide through the maze of agreements and
liabilities that both parties share.
The
book is part of the "Ask A Lawyer series." The goal of
this series as stated in the introduction is to "focus upon…dispensing
helpful, useful, and needed legal advice." Although the
author reminds us that no book can substitute for an attorney
familiar with your problem, the advice given on the
landlord-tenant relationship can help establish a clearly defined
and legally binding agreement.
In
section one, "Before You Rent," the author analyzes the
law pertaining to the landlord-tenant arrangement, how to find the
right tenant and discrimination in housing. The most important
chapters in this section cover leases and rental agreements. The
legal covenant is the key component in this process. Written
leases, month-to-month leases and the provisions that make up a
lease agreement are described.
The
next two sections of the book are directed at the tenant and the
landlord. "Tenant Rights, Duties, and Solutions"
explains the rights, responsibilities and obligations of the party
renting a living space or unit. There are other important concepts
that a tenant must understand before entering into a lease
agreement. Among these are the implied warranty of habitability
(making the unit fit for occupation) and implied covenant of quiet
enjoyment (the tenant’s right to live peaceably in the unit).
Responsible behavior specifies the tenant’s duty to keep the
unit in good condition, use the unit for its intended purpose and
not be a nuisance to his neighbors. The most important chapter in
this section discusses the payment of rent. The duties of paying
rent include late payments, facing a rent increase (whether legal
or illegal) and rent control.
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top of second column)
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The
tenant is not the only party faced with rights and obligations.
"Landlord Rights, Duties, and Solutions" examines the
agreement from the landlord’s point of view. The landlord’s
rights refer to ensuring that the rent is paid, determining when you
have the right of entry to your rental property, and your rights to
change or modify the rental agreement. The landlord’s obligations
include the duty to maintain the premises and make the necessary
repairs, the need for insurance (and the difference in renter’s
insurance) and the sometimes unpleasant action regarding evictions,
lockouts and vacate orders.
The
book’s final sections on "Terminating the Tenancy" and
"Lawsuits" explain how to remove tenants who refuse to
leave, how to collect your last month’s rent, and the issue of
security deposits. There is also an explanation of eviction
lawsuits; in other words when you should go to court and which court
you should file in (small claims, superior, etc.).
The
book concludes with a handy set of tools: a questions and answers
section, a glossary of words and terms, and an index.
"Landlord
And Tenant" is an easy-to-understand guide to the
tenant-landlord relationship. This book is recommended for anyone
who is considering entering into a rental agreement, either as the
owner of the unit or as the unit’s occupant.
For
more information visit the library at 725 Pekin St. or call
217-732-8878.
[Richard
Sumrall, Lincoln Public Library District]
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