© 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
© 2006 Consumer Jungle
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.
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
Know the Basics
• Length of the Lease– Month-to-month– 6 months– 1 year
• Amount of Rent• Amount of Security
deposit
© 2006 Consumer Jungle
Good-Tenant Criteria?
• Application Fee for Screening– Credit check &
bankruptcies– Employment & Income– Rental history &
evictions– References
• Applies to each tenant
• Non-refundable
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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!
© 2006 Consumer Jungle
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”
© 2006 Consumer Jungle
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.
© 2006 Consumer Jungle
Illegal Contract Provisions
– Giving up your right to defend yourself in court
– Limiting the landlord’s liability for things they’re normally responsible for
© 2006 Consumer Jungle
Landlord’s Maintenance Responsibilities
• Weatherproofing
• Available heat
• Water
• Electricity
• Clean, sanitary, &
structurally safe
• Smoke detectors
• Security-Locks & keys
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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?
© 2006 Consumer Jungle
Roommates & Rental Agreements
• Adding a Roommate to the Lease or Rental Agreement – New lease
• More Roommates, More Rent – More wear & tear
• Security Deposit Increases
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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.
© 2006 Consumer Jungle
Illegal Landlord Actions
• Even if you’re behind in rent– Lockouts– Utility shutoffs– Taking your property
(unless you abandon it)– Retaliatory actions
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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