The law makes an important distinction between commercial tenants and residential tenants. If you are a commercial tenant, your contract will control your rights and must be read carefully. In residential tenancies, your contract is, of course, very important. But the law protects residential tenants by setting aside certain rights for them. These rights involve the security deposit, landlord liens, eviction, lock changes, utility cut-off by the landlord, habitability (hab-it-ah-BILL-itee), smoke detectors and security devices. Many questions involve the security deposit. The owner may use the security deposit to offset normal wear and tear only. If the tenant has provided a forwarding address and is not in default of the lease, then the tenant is entitled to a refund of the deposit or records detailing any deductions within 30 days of moving out. For information on the other rights of tenants, consult an attorney experienced in real estate law.
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