Landlord Tenant Law. © 2006 Consumer Jungle Importance of Landlord Tenant Law You’re living on...

Landlord Tenant Law

© 2006 Consumer Jungle

Importance of Landlord Tenant Law

• You’re living on your own now

• You must know the rights and responsibilities of– The tenant (that’s you)– The landlord


The Players

• Tenant: Somebody who rents a house or apartment for a fixed period of time.

• Landlord: A person that owns property that is rented to tenants.


Find out Average Rent

• Know average rent for area

• Cost of Living Calculator– http://www.bankrate.co

m/brm/movecalc.asp– Compare rent between

two cities


Know the Basics

• Length of the Lease– Month-to-month– 6 months– 1 year

• Amount of Rent• Amount of Security

deposit


Good-Tenant Criteria?

• Application Fee for Screening– Credit check &

bankruptcies– Employment & Income– Rental history &

evictions– References

• Applies to each tenant

• Non-refundable


Legal & Illegal Discrimination

• Legal– Poor credit history– Insufficient income– Bad references– Past behavior i.e.

destruction of property– Tenants would exceed

valid occupancy policy

• Illegal– Race– Religion– Ethnic background or

national origin– Sex– Age– Tenant has children (except in

senior housing)

– Mental or physical disability.

– Some states: Marital status or sexual orientation


Rental Agreements

• Month-to-month rental agreement: An agreement for an unspecified period of time, with rent usually payable on a monthly basis.– Provides flexibility if you’re

not sure how long you’ll stay

– Rent or rules can be changed at any time


Lease Agreements

• Lease: An agreement

that requires a tenant to

stay for a specific amount

of time and restricts the

landlord’s ability to

change the terms.– Usually requires at least a

6-to-12 month commitment

– Rent and rules stay the

same for the lease period


More Lease Agreements

• Be prepared to sign a lot of paperwork.

• Keep these guidelines in mind:– Request a copy of the

paperwork in advance. You can review it at your own pace.

– Become familiar with rental lingo.

– Read every word before you sign!

– Remember: If you sign it, you’re liable for it!


Security Deposits

• How much can a landlord charge for a deposit?– Varies by state: some

have no limit– Usually not more than 1 or

2 months of rent

• When does the landlord have to return the deposit?– Varies by state: 14 days to

“within a reasonable time”


What to Expect in Agreements

• The length of the tenancy• The amount of rent and deposits the tenant must

pay• The number of people who can live on the rental

property• Who pays for utilities• Whether the tenant may have pets• Whether the tenant may sublet the property• The landlord's access to the rental property, and• Who pays attorney fees if there is a lawsuit.


Illegal Contract Provisions

– Giving up your right to defend yourself in court

– Limiting the landlord’s liability for things they’re normally responsible for


Landlord’s Maintenance Responsibilities

• Weatherproofing

• Available heat

• Water

• Electricity

• Clean, sanitary, &

structurally safe

• Smoke detectors

• Security-Locks & keys


Tenant’s Maintenance Responsibilities

• Pay rent and utilities on time

• Comply with local

ordinances

– Noise

– Business out of home

• Keep unit clean and sanitary

• Dispose of garbage properly

• Respect common areas

– Lobbies, garages, and

pools


Tenant Responsibilities

• Properly operate heating,

plumbing, and electrical

systems

• Don’t intentionally or carelessly

damage dwelling

• Don’t interfere with other

tenants’ use of the property

• Return the unit to the same

condition as when you moved

in


Renter’s Insurance

• Important for each tenant

• Landlord’s insurance won’t cover your loss

• Insurance covers loss to belongings:– From fire & theft– Depends on value of

policy: $25K – 50K– Deductibles start at

$250


Adding a Roommate

• Get your landlord's approval

• Will adding a roommate exceed the occupancy limit?

• Will your new roommate meet your landlord’s good tenant criteria?


Roommates & Rental Agreements

• Adding a Roommate to the Lease or Rental Agreement – New lease

• More Roommates, More Rent – More wear & tear

• Security Deposit Increases


Landlord’s Legal Right to Enter

• May need to:– Make repairs– Show property

• Must give notice– Varies by state from 24

hours to “reasonable notice

• No notice needed:– Emergency

• Fire• Serious water leak

– Abandonment

• You can’t refuse access


Repairs

• Put your request in writing

• Give landlord time to respond. Required response time varies by state but generally:

– 24 hours for no hot or cold water, heat, electricity or for other hazardous or life-threatening conditions

– 72 hours for refrigerator, range, oven, or major plumbing problems

– 10 days for all other repairs


Tenant’s Rights for Repairs

• Options when landlord won’t repair:– Pay less rent– Withhold rent– Make repairs– Hire professional &

deduct cost from rent– Call building inspector– Mediate or go to court– Move out (give notice)

• Varies by state


When You Can Be Evicted

• Not paying rent– Even if one day late with rent

– Three-day notice to pay or move out required

• Not complying with terms of rental agreement– Ten-day notice to comply or

move out required

• For creating a waste or nuisance– Three-day notice to move out

required

– No option to stay to correct problem


More When You Can Be Evicted

• No cause» Varies by state

– Twenty-day notice required

– May not be discriminatory or retaliatory

• If tenant refuses to vacate, landlord can obtain court order and request sheriff to move belongings.


Illegal Landlord Actions

• Even if you’re behind in rent– Lockouts– Utility shutoffs– Taking your property

(unless you abandon it)– Retaliatory actions


When the Tenant Breaks the Lease

• Tenant can legally break the lease if:– Landlord fails to make

repairs– Fails to comply with

health & safety

• Tenant responsible for remainder of rent under lease term– Landlord has duty to

find a new tenant


When the Landlord Breaks the Lease

• Landlord can legally break the lease if:– Tenant pays rent late,

has a dog under a no-pet clause, or damages property.

• Landlord may:– Give time to change

i.e. find a new home for the dog

– Ask tenant to leave• How varies by state


When You Move Out

• Provide written notice according to your rental or lease agreement.– Rental: Usually 30-day

notice– Lease: You’re responsible

for rent for remaining leasing term unless landlord can rent unit


More When You Move Out

• Clean apartment and leave in same condition as when you moved in (except normal wear and tear)

• Leave forwarding address for deposit return


How to Protect Yourself

• Ask parents to walk through rental with you

• Take pictures of everything (include date on photo)

• Go through rental check list


Where to Go for Help

• Your state Attorney General’s office

• Your state Housing and Urban Development (HUD) department

• www.lawhelp.org– Choose your state/Housing– Download state-specific

information


The tenant hereby promises to pay to said landlord, landlord’s representatives and assigns as rental for said premises the sum of $750 dollars in lawful money of the United States, due on the first day of each month, late on the 6th. A $25 late fee will be assessed on the 6th.


The tenant accepts said premises in its present conditions and agrees to keep said premises in a good, clean condition to make no alterations or additions to the same; to commit no waste thereon; to obey all laws and ordinances affecting said premises; to replace all glass broken or cracked; to repay the landlord the cost of all repairs made necessary by the negligent or careless use of said premises; and, to surrender the premises at the termination hereof in like conditions as when taken, normal wear and tear resulting from ordinary use of the premises excepted.


The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed upon repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, tenants, workmen or contractors.


The tenant further covenants that tenant will not allow anyone to share said premises, keep roomers or boarders, nor assign, sublet, or transfer said premises or any part thereof without the landlord’s consent endorsed in writing hereon.


Tenant agrees to give landlord written notice 20 days or more preceding the end of any month or rental period of intention to terminate.


Within 14 days after the termination of the rental agreement and vacation of the premises the landlord shall give a full and specific statement of the basis for retaining any of the damage/security deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement.


Landlord does not provide insurance for tenant’s personal property, and therefore, strongly suggests tenant obtain renter’s insurance.


No tenant may make or permit any disturbing noises by tenant, tenant’s family or friends. No tenant shall play or operate any musical instrument, radio or television set, or allow to be played or operated between the hours of 10 p.m. and 8 a.m. Loud playing of radio, television set or other musical instrument is discouraged at any hour. Any boisterous conduct or other actions that will disturb the peace and quiet of the premises are absolutely prohibited.

Landlord Tenant Law. © 2006 Consumer Jungle Importance of Landlord Tenant Law You’re living on...

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Transcript of Landlord Tenant Law. © 2006 Consumer Jungle Importance of Landlord Tenant Law You’re living on...