Landlord tenant law

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

Importance of Landlord Tenant Law

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.

The Players

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Length of the lease Month-to-month 6 months 1 yearAmount of RentAmount of security deposit

Know the Basics

Application Fee for Screening Credit Check & bankruptcies Employment & Income Rental History & Evictions ReferencesApplies to each tenantNon-Refundable

Good-Tenant Criteria

LegalPoor Credit HistoryInsufficient incomeBad referencesPast behavior

destruction of property

Tenants would exceed valid occupancy policy

IllegalRace Religion Ethnic background or

national originSexAgeTenant has children

(except in senior housing)

Mental or physical disability

Some states: Marital status or sexual orientation

Legal & Illegal Discrimination

Month-to-month rental agreement. 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 anytime

Rental Agreement

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.

Lease Agreement

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

More lease Agreements

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”

Security Deposits

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

must pay The number of people who can live on the

rentals property Who pays for utilities Whether the tenant may have pets Whether the tenant must sublet the property The landlords access to the rental property,

and Who pays attorney fees if there is a lawsuit

What to Expect in Agreements

Giving up your right to defend yourself in court

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

Illegal Contract Provisions

WeatherproofingAvailable heatWaterElectricityClean, Sanitary,& structurally safe

Smoke detectorsSecurity-Locks & keys

Landlords Maintenance Responsibilities

Pay rent and utilities on timeComply with local ordinances Noise Business out of homeKeep unit clean and sanitaryDispose of garbage properly Respect common areas

Lobbies, garages, and pools

Tenant’s Maintenance 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 into the same condition as when you moved in

Tenant Responsibilities

Important for each tenant Landlords 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

Renters Insurance

Get landlord’s approval Will adding a roommate exceed the occupancy limit?

Will your new roommate meet your landlords good tenant criteria?

Adding a Roommate

Adding a roommate to the lease or rental Agreement

New leaseMore Roommates, More Rent More wear & tearSecurity Deposit Increases

Roommates & Rental Agreements

May need to Make repairs Show property Must give notice Varies by states from 24 hours to “ reasonable

notice No notice needed Emergency Fire Serious water leak Abandonment You can’t refuse access

Landlord’s Legal Right to Enter

Put your request in writing Give landlord time to respond. Required

response time varies by state but generally: 24 hours for no heat 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

Repairs

Options when the landlord won’t repair: Pay less rent Withhold rent Make repairs Hire a professional & deduct cost from

rent Call building inspector Mediate or go to court Move out (give notice) Varies by state

Tenant’s Rights for Repairs

Not paying rent Even if one day late with rent Three-day notice to pay or move out

required Not complying with term 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

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

More when you can be Evicted

Even if you’re behind in rent Lockouts Utility shutoffs Taking your property (unless you

abandon it) Retaliatory action

Illegal Landlord Action

Tenant can legally break the lease it. Landlord fails to Make repairs Fails to comply with health & safety Tenant responsible for reminder of rent

under lease term Landlord has duty to find a new tenant

When the Tenant Breaks the Lease

Landlord can legally break the lease if: Tenant pays rent late, has a dog

under a no-pet cause, or damages property.

Land lord may: Give time to change i.e. find a new

home for the dog Ask tenant to leave How varies by state

When the Landlord Breaks the Lease

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

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

More When You Move Out

Ask parents to walk through rental with you

Take pictures of everything ( include date on photo)

Go through rental check list

How to Protect Yourself

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

Where to Go for Help

The End