Landlord Tenant Law

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