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