Index

• Library: Every Landlord's Legal Guide (Nolo) (2020 Ed.)

Index

A

Abandoned property, 332, 363-367, 395, 462

Accommodation, of tenants with disabilities, 108-111

See also Americans with Disabilities Act (1990)

Accounting software programs, 165

ADA. See Americans with Disabilities Act (1990)

Adverse action notices, 32, 34

Advertising

discriminatory, 101, 102, 103

hiring property managers, 131

occupied property, 10

promises of safe environment, 278

rental property, 8-9

rental wanted ads, 9-10

Affirmative defenses, 392

Affordable Care Act (2010), 135

Age, discrimination based on, 113-114

Agreement for Delayed or Partial Rent Payments (sample), 87

Agreement Regarding Tenant Alterations to Rental Unit (sample), 224-225

Airbnb, 185-186

Alaska

landlord-tenant laws, 217

marital status, defined, 115

Alterations/improvements, by tenants, 221-231

A.M. Best Company, 241

Amendment to Lease or Rental Agreement (sample), 314

American Arbitration Association, 376

American Nonsmokers' Rights Foundation, 192, 193

Americans with Disabilities Act (1990), 46, 130, 193

Answer, in eviction lawsuits, 392

Antidiscrimination laws

advertising and, 9

consistent treatment, 8, 11, 18

drug addiction as disability, 30

families with children, 46

linguistic profiling, 11

local ordinances, 115, 119

objective vs. subjective applicant criteria, 29

personal characteristics/traits, 30

screening tenants and, 7-8, 18, 29

sources of, 99-102

victims of domestic violence, 173

See also specific laws

Apartment listing services, online, 8

Apple Pay, 84

Applicants with disabilities

accommodation/modification of living spaces, 55, 108-111

discrimination against, 105-112

drug addicts, 30, 106-107

recovering alcoholics, 105-106

service animals, 19, 31, 59, 112

verification of disabled status, 109-110

Verification of Disabled Status By Health Care Professional (sample), 110

Application Screening Fee Receipt (sample), 24

Arbitrary discrimination, 115-116

Arbitration, 374, 376

Arizona

attorney fees, 62

bedbug eradication, 271

disclosures to tenants, 272

Arrest records, 30-31

Asbestos exposure, 253-255

Assault, 247

Assignment, defined, 176

See also Subleasing and assignments

Assistance animals. See Service animals

Assumption of risk, 249

Attorneys. See Lawyer consultation

Attractive nuisances, 192, 237

Automatic liens, on abandoned property, 365-366

B

Background checks, 25, 31, 288

Bait-and-switch advertising, 9

Bank account verification, 25

Bankruptcy. See Tenant bankruptcy

Bankruptcy Abuse Prevention and Consumer Protection Act (2005), 396

Bedbug eradication, 269-273

Billing services, 84

Bodily injury, defined, 124

Bookkeeping services, 141

Building codes, 191, 216, 235

Building supers, 129

Business interests. See Legitimate business interests

Buyout Agreement Between Landlord and Tenant (sample), 323

Buyout agreements, 323

C

Cable TV access, 226-227

California

Application Screening Fee Receipt (sample), 24

arbitration clauses, 376

child care home businesses, 46

forms of rent payments, 49

holding deposits, 37

just cause eviction protections, 388

marital status, defined, 115

occupancy standards, 117

proof of identity prohibited, 17

Public Health Department, 269

rent control ordinances, 78-79, 81, 313

Residential Environmental Hazards, 257

resident managers, 129

San Francisco mold ordinance, 266

screening fees, 23-24

Section 8 housing, 119

security deposits and move-out inspections, 342

small claims court advisers, 377

subleasing and assignment, 179

translation of lease/rental agreements, 66

Unruh Civil Rights Act, 116

Carbon monoxide detectors, 160, 236, 265

Carbon monoxide exposure, 264-266

Case citations, 410

Cash rent payments, 25, 84

Centers for Disease Control and Protection (CDC), 263

Certificate of insurance, 145

Certified checks, 84

Chapter 7 bankruptcy, 396

Chapter 13 bankruptcy, 396

Child care home businesses, 46

Children

attractive nuisances and, 192, 237

emancipated minors, 114

safety around swimming pools, 237-238

See also Familial status, discrimination based on Child support orders, 143

City government. See Local government

Civil nuisance laws, 290

Civil restraining orders, 173

Civil Rights Act (1866), 101-102

Civil Rights Act (1964), 113, 130

See also Discrimination

Civil tenant lawsuits, in applicant evaluation, 25, 30

Code of Federal Regulations (CFR), 409

Collection agencies, 361

Commercial general liability (CGL) policies, 123-126, 145, 238-240, 272

Common Area Renovations Notice (sample), 261

Companion animals. See Service animals

Compensatory damages, 249

Complaint, in eviction lawsuits, 390

Conditional acceptances, 33, 34

Condominiums, 186, 334-335

Connecticut

attorneys as debt collectors, 385

Section 8 housing, 119

tenant right to challenge excessive rent, 78

Consent to Assignment of Lease (sample), 181

Consent to Contact References and Perform Credit Check (sample), 16

Construction contractors, 204, 238, 253, 254, 260

Constructive eviction, 214, 318

Consumer Price Index, 88

Contingency fees, for lawyers, 404

Conviction records, 30

Cornell Legal Information Institute, 408

Corporations, 248

Cosigner Agreement (sample), 75

Cosigners of lease/rental agreements, 74-76

Cotenants, 169-176

approval of new roommates, 182-184

couple separations, 173

defined, 176

disagreements among, 172-173

domestic violence situations, 171-172, 174-175

jointly and severally liable for rent, 170-171, 175

Landlord-Tenant Agreement to Terminate Lease (sample), 178

Letter to Original Tenant and New Cotenant (sample), 183

security deposit return and move-out issues, 356

substitutions for moved-out occupants, 175

violation of agreements, 171-172

See also Subleasing and assignments

County government. See Local government

Court decisions, research of, 409-410

Courtesy officers, 281

Court records, 26

Court restraining orders, 173

Court venue, 362

Covenant of quiet enjoyment, 56, 190, 193

Covenants, conditions, and restrictions (CC&Rs), 186

Craigslist, 8, 10

Credit bureaus, 22, 326

Credit cards, for rent payments, 84

Credit check fees, 23-25

Credit report freezes, 24

Credit reports, 16, 17, 22-25, 29-30, 34, 133, 134, 164

Crime prevention checklist, 279

Criminal activity, liability for, 275-294

compliance with security laws, 277, 279

drug-dealing tenants, 288-292

education of tenants about crime prevention, 284-285

lawsuits against landlords, 289-294

prevention techniques, 279-286

promises about security features, 278-279

protection of tenants from each other, 286-288

protection of tenants from employees, 288

Criminal nuisance laws, 290

Criminal records, 30-31, 387-388

Cure or quit notices, 384

Custodial workers, and OSHA regulations, 254

D

Damages, in lawsuits

compensatory, 249

discrimination suits, 113

liquidated, 47, 321, 327

punitive, 239-240, 247, 249, 308

Damage to premises. See Property damage Dates of birth, on applications, 17

Death of tenant, 327-334

with cotenants/subtenants, 331-334

Indemnification of Landlord (sample), 330

lease/rental agreements, 331-333

living trusts and, 329

security deposits, 333-334

single tenants, 327-329, 331-332, 333

Debt collectors, 385

Declaration of Cleaning Service (sample), 359

Defamation, 132, 307

Default judgments, 392

Defective rental unit, valuation of, 207-208

Delaware

termination of tenancies, 324

Demand letters, 360

Disabled applicants. See Applicants with disabilities

Disabled renters. See Tenants with disabilities

Disclosure Notices as to Address of Manager and Owner (sample), 149

Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (sample), 258

Disclosures, by landlord

environmental health hazards, 257, 258, 260-261, 267, 272-273

in lease/rental agreements, 63-64

owner/manager addresses, 149

renovations, 260-261

rent control, 64

security deposits, 51, 94

shared utility arrangements, 52

See also specific sample forms

Discounts, for early rent payment, 85

Discrimination, 97-126

Equal Opportunity in Housing Statement (sample), 121

exempt properties, 101

guests of tenants, 185

hiring property managers, 130

housing, 99-101, 122-123

insurance coverage for claims, 123-126

intentional vs. unintentional, 102-103

penalties for, 123

recordkeeping for tenant complaints, 100-101

types of illegal, 102-116, 316, 321

unlawful complaints, 122-123

valid occupancy limits, 116-121

in workplace, 121-122

See also Antidiscrimination laws; Rejection of applicants, legal reasons for; specific protected groups

Disposal Rule, FACT Act, 164

Dispute resolution, 369-380

arbitration, 374, 376

avoidance of retaliation charges, 378-380

involving noisy tenants, 375

Letter Reminding Tenant of Complaint Procedure (sample), 380

mediation, 374, 376

satellite dishes/antennas, 230-231

settlement negotiation, 370-372

small claims courts, 376-378

Warning Letter for Lease or Rental Agreement Violation (sample), 373

warning letters, 192, 372-374

Distress/distraint statutes, 365

District of Columbia

postponement of eviction trials, 394

rent control ordinances, 78-79

Section 8 housing, 119

Domestic violence

between cotenants, 174-175

early termination rights for victims, 174, 324

lease amendments, 171-172

between married tenants, 173

state landlord-tenant law charts, 450-455

victims of, 174-175, 450-455

Drug addicts/former, discrimination against, 30, 106-107

Drug dealing, 25, 30, 56, 84, 192, 288-292, 308, 388-389

Due care, duty of, 244

Duty of due care, 244

See also Negligence, liability for Duty to rerent, 325-327, 486-487

E

Earthquake insurance, 240

E-cigarettes, and smoking policies, 193

Economic Policy Institute (EPI), 142

EIN (employer identification number), 136

Elderly tenants, discrimination against, 114

Electromagnetic fields (EMFs), 273

Electronic billing, 84

Electronic communications, with tenants, 165, 167, 308

Electronic funds transfer (ETF), 49, 84

Electronic Signatures in Global and National Commerce Act (2000), 167

Emancipated minors, 114

Emergencies, and property managers, 148, 298-299

Emotional distress, in insurance policies, 124

Employment verification, 19, 29-30

Environmental health hazards, liability for, 251-273 asbestos, 253-255

bedbugs, 269-273

carbon monoxide, 264-266

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