Commercial Lease Law Varies Too Much by State
Landlords face challenges with tenant income verification (especially 1099 contractors), rent payment difficulties, unexpected lease terminations and legal threats, and the complexities of tenant screening and property management. They struggle with balancing tenant needs and financial stability with legal obligations and property sales.
SOURCES (60)
“Yuck. I thought some of our CO laws were overreaching but this 21 day rule seems awful to manage against. I guess it's an adjustment period and eventually it's SOP but just a lot of additional work to be compliant.”
First you should discuss this your PM. I dont see in any of yr comments what they said or are doing. They should be your 1st line of defense to take some…
“Not sure if I worded that right, but my realtor company is charging us for the rent that we spent waiting for THEM to accept and let us move in. We put in our application on July 12th and have waited patiently while they figured out their crap, mainly putting a stove in our house because it didn’t have one lmao. I got a call today that we need to pay something around 320 dollars in the next 12 days (end of month) for the time we haven’t even lived there, which mind you as of typing we’re waiting”
“Sure but the deposit can only be withheld for itemized, legally permissible, actual costs incurred, not because the lease says it is forfeit.”
I dont rent to anyone without a social security number or credit report
“Definitely look into this. The notice period for non lease renewal can be anywhere from 30 -90 days depending how long they were living in the rental unit.”
“Sadly until the event or situation happens most have 0 experience until they are knee deep on it. Some jus dont understand what kind of choas is involved with not knowing the laws. I agree with you as I have had that moment where the judge stated jus because u are ignorant of the laws doesn't change we are going to enforce them yah big learning day”
“Never had someone fake a bunch of issues but if they’re being a headache it’d be cheaper to let them go for free than giving them the opportunity to actually manufacture problems going forward.”
“Hi all! Located in TN, attempting to rent in VA. My partner and I were sent a lease for a property we wanted to rent beginning Aug 1 approx. 2 weeks ago. Our contact with the property management group (PMG) for the unit told us that because we had already been approved to rent a more expensive unit also represented by them, that they could just transfer over our approval to the unit in question. My partner and I signed the lease and then paid the deposit within the 48 hour deadline set by the PM”
“I would tell them they will get out of thr lease penalty free or maybe a small offset (for days not rented) with the following conditions: The house is organized and presentable, not a hoarding situation When you find a new tenant”
“i sent this message to my landlord today and i don’t know what the next step should be. im planning to move out in november, should i tell him that so we can come to a middle ground around that? or should i not tell him that.. for some context: after i signed the lease he tells me that i : can’t register that i live here (like on my ID) can’t put my car registration or insurance on the house because it could raise his insurance. and when i told him i don’t have anywhere/anyone else to put my car”
“Terminating the lease early and how the deposit is handled should be defined in your lease. Our lease essentially forfeits their security deposit if they leave early with the expectation that we use that money to pay any expenses for the following month and make any minor repairs needed to get it rented out. It basically buys us a month to get a new tenant in place. Any costs that are over the security deposit you have to decide if it's worth fighting for. Most of the time it isn't.”
“Lease length is irrelevant, only how long they've actually lived in the property. Under 1 year is 30 days, 1-2 years is 60, 2+ is 90.”
“Lease length is irrelevant, only how long they've actually lived in the property. Under 1 year is 30 days, 1-2 years is 60, 2+ is 90.”
“I guess it depends on where you live, but we give a 90 day notice.. even though Florida is 60 days.. gives your tenants time..”
“Lease length is irrelevant, only how long they've actually lived in the property. Under 1 year is 30 days, 1-2 years is 60, 2+ is 90. Edit - they are not obligated to leave at the end of the lease, they become month-to-month with the prior lease terms in full effect until you non-renew them per the legal requirements”
“Wow. Thanks for the help. I have actually been a successful landlord for over 25 years, but its the first time I have encountered this in CA. I believe I do know the answer but am looking for a confirmation.”
“That's if it's in the lease and the tenant is providing notice. OP is asking about providing the tenants notice of non renewal. In NYS law landlords need to provide 30 days for 1 year, 60 days for 2 year and 90 for 3+ year leases.”
What does your lease say. Do you have an early termination clause
“New York requires 30, 60 or 90 days depending on how long they have lived there - regardless of the length of the lease they signed or if someone else owned the property before you and they rented from them. A quick glance at the HSTPA or the attorney general's guidance for renters will help, but it never hurts to call your attorney (provided they're a real estate attorney).”
“Just to clarify, it's based on how long the tenant has occupied the space, so if you keep giving them one year leases but they are there multiple years total you have to go based on the law. Living there under 1 year- 30 days, between 1-2 years - 60 and over 2 years -90 days.”
“Rochester has a clause in the bill version they passed that allows you to non-renew to make repairs and upgrades and re-list it on the market. It's about the only thing that went right.”
“That doesn't matter as much as the laws in NYS. It's 30 days for 1 year, 60 days for 2 year and 90 for 3+ year leases.”
“For a 1 year least it's 30 days. Two year lease is 60 days and a 3 year lease is 90 days according to NYS law. Edit: they are obligated to leave at the end of the lease agreement.”
“If your SS and other verifiable income are 3.2x my rent, great. If not, and not willing to show 3 months of bank balances, then youre not renting from me. ETA: Also. I dont have to ask all tenants for bank statements, only tenants who cant meet my 3.2x standard (thats what has to be consistemt) for whom I'm giving another avenue via high bank/investment balances.”
“Certain municipalities have laws that you can't not renew in New york (unless you have good reason), my daughter lives in Rochester and we got into that. So I would say you first need to research your local laws. Then make a decision from there. If you are allowed to do a non-renewal, I would say you tell them right after they pay August rent.”
“That 30% threshold is usually a landlord’s screening rule, not proof that the apartment is affordable for you. Ask whether they mean gross or take home income and what documentation a guarantor must provide. Before signing a lease or buying a car, price the full transition using your actual spending. Review several months of statements, then add prospective rent, utilities, renter’s insurance, groceries, and the full vehicle cost, including insurance quotes, gas, maintenance, and registration. G”
“Even retirees get annual income statements. I am a disabled vet and get a small SS check, both send tax forms with income even though I do not have to file because the VA comp is tax exempt. But this brings me to a question I have asked landlords in the past. They demand I make 2, 3, 5 times the rent in my gross income. Because my income is exempt my gross and net are the same. So, I take home $5,311 per month, but a candidate who has that net will always beat me out because their taxed gross so”
“I am not bothered by people trying to negotiate rent, so long as they are polite about it. I rarely come down in price but I'm not offended that they asked. Many wealthy people are accustomed to asking for special treatment or special deals on most everything they buy... But when you reply with " I have several qualified applicants so I think I have priced it appropriately" they are usually content to pay your asking price rather than lose the unit.”
“Trees are considered part of the property and that would fall under structural repair not maintenance. Only way a tenant would be responsible is if they somehow caused the problem. They are also required to fix it ASAP since it is a known safety issue. They open themselves up to a large lawsuit if someone is injured every day its not remediated.”
“Retirees are usually stellar tenants. Customary to see bank statements and check CR.”
“Good point. I was using zelle for rent. But very first time when their zelle took some time they sent me the screen shot which showed their bank account(last 4 digit)”
“I tried working out as much as I could. But in this case tenants are clearly taking advantage. Overall, in 16 months tenancy they are going to live 3 months free. Well i am running a business not charity.”
“I rented to a lady with section 8. One of the best tenants I ever had. Respectful of me, of the property, paid her share of the rent like a Swiss clockwork. No damage to anything, and left the place in such a nice shape that I was showing it the next day. I understand not every landlord gets that lucky with section 8 folks, but I think for the most part it might be worth a try. Rely on your gut feeling. I just had a tenant move out, due to them setting off a fire sprinkler in the bedroom. In add”
“I think it's pretty standard to ask for bank statements when someone's income isn't the typical income (i.e., a retiree, someone whose income fluctuates, etc). In fact, with the whole gig work movement and the job market the way it is, plus the rise of entrepreneurship since the pandemic, more and more people have moved away from the "traditional" paycheck job to a fluctuating income. That does not mean they can't pay their bills. It just means you have to get the incom”
“I wish I was in your position. If you enjoy being a landlord then keep it. But if you get tired of it, then sell it. Like I said, you're in a great position either way.”
“A company that is supposed to ease financial stress has caused me the most i have ever had. I have used flex pay to pay my rent at the same property for 3 years now and have not had issues until recently. i’m posting this for awareness and hopefully some help regarding the situation. so here goes. Flex charged me $1000+ the day after my FIRST payment was made. I started a chat with the support team and they admitted that this was an error on their end and would be refunding me. The chat abruptly”
“Making sure all the light bulbs are working is like the bare minimum for being a landlord”
“I have one you did not mention. I rented to someone on the sex offenders list, but let me explain. The guy came to me and brought his charges it was a Romeo Juliet scenario (he was 18/she was 16) and he even had a judge vouch for him. They have been a tenant for three years. They will no doubt stay till they can afford to buy as most people will not give him a chance.”
“1 - I've rented to residents without previous rental history with decent pay and good credit. Living at home with family into your 20s and even 30s is very normal in these times. I also live in an area where there are tons of people moving from all over the country or from other countries. If anything, we increase the deposit amount. These tenants have been fine. 2 - Always go with your gut feeling. Prospective tenants should be on their best behavior while viewing. Just imagine them as a te”
“Yes, I have a rental in Pa as well. I would do it if the tenant I was holding it over for was willing to sign a 3 year lease and had multiple years at the previous address. Also I'm considering during this now, as I know the applicant could pay without a problem and the other applicants I'm getting just aren't quite the right fit. You should go ahead and move forward and let them tell you if they can make it work.”
“This is actually for my PA property, however. I have several rentals in Hawaii, last round of turnovers was fairly easy here. I tried to post this several times Pa + Hi and it wouldn't take it. I'm just getting a lot this go around, trying to find positivity.”
I contacted a %age contingency based agency for collections.
“In a renters market, if a well-qualified applicant (tactfully) asks if I will consider knocking off a few dollars-I will consider it. It has worked out; it’s at least an extra indication they plan on paying. If they ask for more than , say, 5%-that might be a poor sign. Context is everything: I’ve had a few excellent renters who were exceedingly careful with their money, but didn’t cross a line.”
“I've had a few good Section 8 tenants, but a couple of bad ones, and some meh. My best was to a nursing student it was rewarding to see her become an RN and she was a good and respectful tenant she was a student at a college I worked with. I rented to another student and that went ok too. I did have her dad cosign. I liked her and her boyfriend. I am renting to a couple in their fifties and the man was once in prison. It was a long time ago and he isn't scary or anything. They keep the p”
“I’ve had mostly positive experiences. But we require at least a year of consistent income, and sometimes a cosigner. This happens and usually fortunately, something pops up on the court records, showing me why I shouldn’t. Never. They never fulfill their end of the agreement. This rarely happens for me, but no, they don’t set the rent rate. You should however, take feedback if several people are saying the rent is too high and you’re not getting apps. Not usually a problem, need to qualify as no”
“Lots of young kids that you can find are sincere, honest and have agency with zero rental history that work out all the time for us. 2,3,4,5 &7 are a hard no”
“You don’t need to be so generous for a unit that’s already been advertised for 41 days.”
“I had a house like this. Looked really good. Kind of a show piece for someone one with an ego. Every applicant was either 6 minimum wage applicants, 3 families, people who were broke, etc. I sold the property. I assumed that people who are financially savvy live frugally and save to buy a home. Its the dreamers and schemes who want prove something by living in these types of houses.”
“1) no previous rental history 2) doesn't want to pay rent He doesn't qualify. Ignor him.”