What resources are available for finding an apartment?
Anybody who's looking for housing has a couple of resources at their disposal, including classified ads in the newspapers, specialized magazines and newspapers that deal specifically with rental or home buying. People also have the option, if they know where they want to live, of just driving around. More informal ways of finding an apartment include word of mouth, such as when friends know of a vacancy in an apartment building.
Can a minor rent a residence?
A minor probably cannot enter into a lease or rental agreement given that they are under eighteen. So in order to legally enter a contract, one needs to be over eighteen years old, and cannot be a minor.
What is the difference between a "month-to-month" lease and a "term" lease?
The difference between a month-to-month lease and a term lease is that the month-to-month lease will renew itself every month, every time the tenant pays for the rent. However, a term lease is locked for a certain period of time, for example, six or twelve months.
Do leases automatically renew?
Leases do not automatically renew themselves. Tenants should check with their landlord to see what their renewal process is for their lease.
When I give "notice" to my landlord, does it have to be in writing?
The general recommendation is that if a tenant does give a notice to the landlord, they should do it in writing and they should keep a copy of it. That way they have records of all their communication with their landlord.
Showing posts with label Tenant Law. Show all posts
Showing posts with label Tenant Law. Show all posts
Thursday, July 31, 2008
Renewing A Lease
Can my landlord recheck my credit without telling me?
Tenants should check with their landlords to see what their lease renewal process is. If their original agreement was to do an automatic renewal, that may include having a background credit check, or checking with their references, etc. A tenant should check with their original lease and also with the landlord in terms of what is the renewal process with regard to credit checks.
Can my landlord raise the rent to any amount when I renew?
Before a tenant's lease expires, the landlord will usually notify the tenant what the next step is on how to renew, if there's a possibility to renew and if there will be any changes to the terms and conditions of a new lease agreement or rental agreement, at which time the tenant will be notified in the event that the rent will increase.
Does my lease automatically become month-to-month when its over?
When a term lease expires and the landlord accepts the rent money from the tenant, it automatically becomes a month-to-month rental agreement.
Is there a standard lease renewal process?
There is no standard lease renewal process. Each tenant should check with their landlord to see if they have any renewal policy or process in place.
What is considered normal wear and tear on a unit?
Normal wear and tear on an apartment or a home is when items in the home or the apartment are worn from usage – normal usage. For example, stains on the carpet from walking, chipped paint on the walls, faded curtains – anything that's not intentionally or accidentally caused by the tenant. Not-normal wear and tear would include if the plumbing is backed up because of diapers or excessive use of toilet paper, or cigarette burn marks on the carpet. However, the wear and tear on an apartment or a home is the area where landlords and tenants most disagree over who's responsible for what.
Can a landlord charge a "cleaning fee"?
Landlords can charge a cleaning fee, however any amount of money that they charge, beyond the first month's rent, is part of the security deposit. So even if a landlord calls it a cleaning fee, plus the security deposit, plus last months rent, all of that money is considered a security deposit.
What does it mean to "assign" a unit?
An assignment is a transfer of a tenant's rights to someone else. It becomes a contract between the new tenant and the original tenant. However, the new tenant is directly responsible to the landlord concerning rent, damages, repairs, etc. However, the original tenant is still legally responsible to the landlord as well.
Do I have to notify my landlord if I assign my unit?
Tenants should always check with their landlords to see if their landlord allows assignment.
What does it mean to "sublet" a unit?
A sublease is a new rental agreement between the original tenant and a new tenant. However, the original tenant continues to be responsible for the payment of rent, damages and repairs and continues to be legally responsible to the landlord.
Do I have to notify the landlord when I sublet my unit?
Tenants should always check with their landlords to see if they allow tenants to sublease.
What can I do if my landlord does not return my security deposit?
Tenants always have the option to take their landlord to small claims court if the landlord refuses to return their security deposit or if they disagree over how much of the security deposit was refunded to them.
Tenants should check with their landlords to see what their lease renewal process is. If their original agreement was to do an automatic renewal, that may include having a background credit check, or checking with their references, etc. A tenant should check with their original lease and also with the landlord in terms of what is the renewal process with regard to credit checks.
Can my landlord raise the rent to any amount when I renew?
Before a tenant's lease expires, the landlord will usually notify the tenant what the next step is on how to renew, if there's a possibility to renew and if there will be any changes to the terms and conditions of a new lease agreement or rental agreement, at which time the tenant will be notified in the event that the rent will increase.
Does my lease automatically become month-to-month when its over?
When a term lease expires and the landlord accepts the rent money from the tenant, it automatically becomes a month-to-month rental agreement.
Is there a standard lease renewal process?
There is no standard lease renewal process. Each tenant should check with their landlord to see if they have any renewal policy or process in place.
What is considered normal wear and tear on a unit?
Normal wear and tear on an apartment or a home is when items in the home or the apartment are worn from usage – normal usage. For example, stains on the carpet from walking, chipped paint on the walls, faded curtains – anything that's not intentionally or accidentally caused by the tenant. Not-normal wear and tear would include if the plumbing is backed up because of diapers or excessive use of toilet paper, or cigarette burn marks on the carpet. However, the wear and tear on an apartment or a home is the area where landlords and tenants most disagree over who's responsible for what.
Can a landlord charge a "cleaning fee"?
Landlords can charge a cleaning fee, however any amount of money that they charge, beyond the first month's rent, is part of the security deposit. So even if a landlord calls it a cleaning fee, plus the security deposit, plus last months rent, all of that money is considered a security deposit.
What does it mean to "assign" a unit?
An assignment is a transfer of a tenant's rights to someone else. It becomes a contract between the new tenant and the original tenant. However, the new tenant is directly responsible to the landlord concerning rent, damages, repairs, etc. However, the original tenant is still legally responsible to the landlord as well.
Do I have to notify my landlord if I assign my unit?
Tenants should always check with their landlords to see if their landlord allows assignment.
What does it mean to "sublet" a unit?
A sublease is a new rental agreement between the original tenant and a new tenant. However, the original tenant continues to be responsible for the payment of rent, damages and repairs and continues to be legally responsible to the landlord.
Do I have to notify the landlord when I sublet my unit?
Tenants should always check with their landlords to see if they allow tenants to sublease.
What can I do if my landlord does not return my security deposit?
Tenants always have the option to take their landlord to small claims court if the landlord refuses to return their security deposit or if they disagree over how much of the security deposit was refunded to them.
Leasing An Apartment
What's a "lease"?
A lease is a rental agreement between a landlord and a tenant. The basic structure of the lease is that the landlord agrees to provide housing while the tenant agrees to pay the rent on a monthly basis.
What is the purpose of a lease?
The purpose of a lease is to establish the contractual relationship between the landlord and the tenant. A lease establishes who is responsible for what in a property. For example, the most basic terms are that the landlord is responsible for providing the housing and the tenant is responsible to pay for the rent.
Why do I need a lease?
A lease is good for both tenant and landlord because a lease protects both parties in the event of a dispute over some repair problem or if someone is claiming that the other party didn't pay their rent or they're just arguing about who needs to do what. The rental agreement or lease establishes who will be responsible.
Does a lease have to be in writing?
A lease agreement does not have to be in writing. It could be a verbal agreement between the landlord and the tenant. However, having a lease in writing helps both parties in the event of any future possible disputes, given that the written lease agreement will establish the provisions for the rental.
Are all leases "standard"?
There's no such thing as a standard lease. There are some items that will be included in all leases, such as the number of occupants, how much rent is going to be paid, which unit will be occupied, who's responsible to do repairs, things like that. But there's no such thing as a standard lease.
Can a lease be negotiated?
A lease can be negotiated, and a tenant should negotiate it before signing the lease, because the moment a tenant does sign the lease or rental agreement, they have agreed to all the terms and conditions that the landlord has presented to them.
Do I need a lawyer to review my lease?
Tenants don't necessarily need a lawyer to review their lease. However, if there is a part of their lease agreement or rental agreement that they do not understand, they should seek the advice or assistance of a lawyer. It doesn't necessarily have to be a lawyer: the tenant could also seek the advice of a legal aid organization, a housing advocate, a friend or a family member. But the tenant shouldn't sign the lease agreement if they don't understand something.
What are some of the key terms and conditions on a lease?
One of the key terms and conditions of the lease or rental agreement is how much rent is going to be paid. The lease agreement can include how many occupants will be allowed to live at the dwelling. Other terms and conditions of a lease are the regulations on the property. For example, no destruction of property, no creating nuisance and disturbing other tenants and no putting other tenants in jeopardy or causing a fire, etc.
What are some of the most common "illegal" clauses in leases?
Normally there are no illegal clauses in leases or rental agreements. However, if there happens to be an illegal clause, they cannot be enforceable because they are illegal.
A lease is a rental agreement between a landlord and a tenant. The basic structure of the lease is that the landlord agrees to provide housing while the tenant agrees to pay the rent on a monthly basis.
What is the purpose of a lease?
The purpose of a lease is to establish the contractual relationship between the landlord and the tenant. A lease establishes who is responsible for what in a property. For example, the most basic terms are that the landlord is responsible for providing the housing and the tenant is responsible to pay for the rent.
Why do I need a lease?
A lease is good for both tenant and landlord because a lease protects both parties in the event of a dispute over some repair problem or if someone is claiming that the other party didn't pay their rent or they're just arguing about who needs to do what. The rental agreement or lease establishes who will be responsible.
Does a lease have to be in writing?
A lease agreement does not have to be in writing. It could be a verbal agreement between the landlord and the tenant. However, having a lease in writing helps both parties in the event of any future possible disputes, given that the written lease agreement will establish the provisions for the rental.
Are all leases "standard"?
There's no such thing as a standard lease. There are some items that will be included in all leases, such as the number of occupants, how much rent is going to be paid, which unit will be occupied, who's responsible to do repairs, things like that. But there's no such thing as a standard lease.
Can a lease be negotiated?
A lease can be negotiated, and a tenant should negotiate it before signing the lease, because the moment a tenant does sign the lease or rental agreement, they have agreed to all the terms and conditions that the landlord has presented to them.
Do I need a lawyer to review my lease?
Tenants don't necessarily need a lawyer to review their lease. However, if there is a part of their lease agreement or rental agreement that they do not understand, they should seek the advice or assistance of a lawyer. It doesn't necessarily have to be a lawyer: the tenant could also seek the advice of a legal aid organization, a housing advocate, a friend or a family member. But the tenant shouldn't sign the lease agreement if they don't understand something.
What are some of the key terms and conditions on a lease?
One of the key terms and conditions of the lease or rental agreement is how much rent is going to be paid. The lease agreement can include how many occupants will be allowed to live at the dwelling. Other terms and conditions of a lease are the regulations on the property. For example, no destruction of property, no creating nuisance and disturbing other tenants and no putting other tenants in jeopardy or causing a fire, etc.
What are some of the most common "illegal" clauses in leases?
Normally there are no illegal clauses in leases or rental agreements. However, if there happens to be an illegal clause, they cannot be enforceable because they are illegal.
Landlords
What is the difference between a landlord, manager and building superintendent?
The landlord is usually the person who owns the building. Although I've known people to use the landlord interchangeably with manager, normally the landlord is the property owner. The manager is the person in charge of administering or managing the property. They could either live on-site or off-site. The manager is a representative of the landlord. The building attendant is someone who's in charge of maintaining the property. Again, they are also considered, under the law, agents of the landlord.
What information will I have to provide a prospective landlord?
Someone applying for a rental, may have to provide a landlord with their drivers license, identification numbers, social security number, employment references and/or previous housing references. Along with these you may also be required to provide contact details and names of previous landlords that they have had, as well as bank account numbers to verify income.
What can a landlord not ask about on an application?
On a rental application, a landlord cannot ask someone's race, the color of their skin, their religion, what gender they are, if they have children, if the person has a disability or if they have a medical condition. A landlord can't ask about a person's national origin, and in some states there might be additional protections. For example, in California, landlords cannot ask about someone's marital status, nor can they ask about their ancestry, sexual orientation or age.
What information will a landlord look for in their background check?
In a background check a landlord will usually be looking to see if someone has any felony or misdemeanour convictions, previous evictions, fraud charges, or any legal proceedings that that person may be involved in or have been involved in.
Can my landlord perform a background check without telling me?
A landlord cannot conduct a background check on a tenant or prospective tenant without telling them. However, someone who's filling out a rental application and is putting down references or has been notified that a background check is done on all prospective tenants, is giving that landlord permission to carry out a background check.
Can a landlord contact my employer without telling me?
A landlord cannot contact someone's employer without telling them. However, if a prospective tenant is filling out an application for a rental and they're giving that landlord employment references or previous housing references, then they are presuming that the landlord will check up on those references, including contacting their employer, so they are basically giving permission to that landlord to contact that employer.
Can a landlord contact my bank without telling me?
A landlord cannot contact a tenant's bank without telling them. If the prospective tenant is filling out a rental application, and giving bank references or bank account numbers for income verification, this is on the presumption that that landlord will check up on that information, so they are technically giving them permission. The landlord can't do so without having that permission from the tenant.
Can a landlord check my credit?
A landlord can check someone's credit. If a prospective tenant is filling out a rental application and they're giving their social security number to that landlord, they can presume that the landlord will check their credit in order to see if they qualify for the property or not.
The landlord is usually the person who owns the building. Although I've known people to use the landlord interchangeably with manager, normally the landlord is the property owner. The manager is the person in charge of administering or managing the property. They could either live on-site or off-site. The manager is a representative of the landlord. The building attendant is someone who's in charge of maintaining the property. Again, they are also considered, under the law, agents of the landlord.
What information will I have to provide a prospective landlord?
Someone applying for a rental, may have to provide a landlord with their drivers license, identification numbers, social security number, employment references and/or previous housing references. Along with these you may also be required to provide contact details and names of previous landlords that they have had, as well as bank account numbers to verify income.
What can a landlord not ask about on an application?
On a rental application, a landlord cannot ask someone's race, the color of their skin, their religion, what gender they are, if they have children, if the person has a disability or if they have a medical condition. A landlord can't ask about a person's national origin, and in some states there might be additional protections. For example, in California, landlords cannot ask about someone's marital status, nor can they ask about their ancestry, sexual orientation or age.
What information will a landlord look for in their background check?
In a background check a landlord will usually be looking to see if someone has any felony or misdemeanour convictions, previous evictions, fraud charges, or any legal proceedings that that person may be involved in or have been involved in.
Can my landlord perform a background check without telling me?
A landlord cannot conduct a background check on a tenant or prospective tenant without telling them. However, someone who's filling out a rental application and is putting down references or has been notified that a background check is done on all prospective tenants, is giving that landlord permission to carry out a background check.
Can a landlord contact my employer without telling me?
A landlord cannot contact someone's employer without telling them. However, if a prospective tenant is filling out an application for a rental and they're giving that landlord employment references or previous housing references, then they are presuming that the landlord will check up on those references, including contacting their employer, so they are basically giving permission to that landlord to contact that employer.
Can a landlord contact my bank without telling me?
A landlord cannot contact a tenant's bank without telling them. If the prospective tenant is filling out a rental application, and giving bank references or bank account numbers for income verification, this is on the presumption that that landlord will check up on that information, so they are technically giving them permission. The landlord can't do so without having that permission from the tenant.
Can a landlord check my credit?
A landlord can check someone's credit. If a prospective tenant is filling out a rental application and they're giving their social security number to that landlord, they can presume that the landlord will check their credit in order to see if they qualify for the property or not.
Fair Housing
Can I lease a unit if I have bad credit?
In order for a tenant with bad credit to be able to rent an apartment or enter into a lease, we recommend that they check with the landlord to see what their credit qualifications are.
On what grounds can my rental application be denied?
A rental application can be denied on the basis of bad credit, insufficient income, bad references from previous landlords, bad references from employers as well as having a criminal background.
Can I be denied a unit based on comments made by a previous landlord?
A tenant may be denied an application because of comments made by a previous landlord where they lived. Individuals who are looking for a place to rent should give references of individuals who they are sure are going to give a good reference because a previous landlord who gives a bad reference can lead to the denial of an application in a future property.
Can a landlord refuse to rent to a gay couple?
A landlord can't deny housing to someone based on one of the protected characteristics under the Fair Housing Laws. The federal Fair Housing Act protects from discrimination based on race, colour, religion, gender, sexual harassment, familial status, and disability. It does not protect from discrimination because of someone's sexual orientation, or in this case because they're a gay couple. However in California, and possibly some other states, it does provide protection from being discriminated against because of one's sexual orientation, being a gay couple.
Can a landlord refuse to rent to an unmarried couple?
Landlords cannot deny a rent application to someone because of one of their protected characteristics according to the Fair Housing Laws; however, some states (such as in the case of California) landlords cannot deny housing or rental application to someone because of their marital status, either.
Can a landlord refuse to rent to a person who is HIV positive?
Landlords cannot deny housing to individuals who may be HIV positive or have AIDS, because it would be a form of discrimination against people with disabilities. Having HIV/AIDS is considered a disability.
What can I do if I suspect discrimination?
When someone suspects that they have been discriminated against by a landlord, the recommendation is to call the local fair housing council in their area, or the office of the Department of Housing and Urban Development.
Can a landlord give different tenants different lease terms?
Landlords cannot give tenants different lease terms and conditions based on their characteristics, protected by the fair housing laws. However, some tenants, compared to others, may have different lease terms simply because they are renting a different type of dwelling. For example, if Tenant A is renting a two-bedroom apartment they will have for example, a thousand dollar monthly rent to pay. However, if Tenant B is renting a studio at the same apartment, their rental will be much less than a thousand dollars.
What types of units does the Fair Housing Act cover?
The Fair Housing Act covers all types of dwellings and units, including apartments, single family homes, mobile home parks, condominiums, campgrounds, residential motels and hotels, emergency and transitional shelters.
Can more than one person be on a lease?
More than one person can be on a lease, as long as they're over 18.
What happens if the other people on the lease don't pay their share of the rent?
If the other people on the lease don't pay their share of the rent, everybody on the lease can be held liable for nonpayment or partial payment of rent.
What is "rent control"?
Rent control is usually a local city ordinance or regulation that states that rent cannot be increased a certain amount per year.
Should I keep a record of the unit's condition when I move in?
All prospective tenants before signing a rental agreement or moving into an apartment or home, should keep record of the conditions of which that home was delivered in.
In order for a tenant with bad credit to be able to rent an apartment or enter into a lease, we recommend that they check with the landlord to see what their credit qualifications are.
On what grounds can my rental application be denied?
A rental application can be denied on the basis of bad credit, insufficient income, bad references from previous landlords, bad references from employers as well as having a criminal background.
Can I be denied a unit based on comments made by a previous landlord?
A tenant may be denied an application because of comments made by a previous landlord where they lived. Individuals who are looking for a place to rent should give references of individuals who they are sure are going to give a good reference because a previous landlord who gives a bad reference can lead to the denial of an application in a future property.
Can a landlord refuse to rent to a gay couple?
A landlord can't deny housing to someone based on one of the protected characteristics under the Fair Housing Laws. The federal Fair Housing Act protects from discrimination based on race, colour, religion, gender, sexual harassment, familial status, and disability. It does not protect from discrimination because of someone's sexual orientation, or in this case because they're a gay couple. However in California, and possibly some other states, it does provide protection from being discriminated against because of one's sexual orientation, being a gay couple.
Can a landlord refuse to rent to an unmarried couple?
Landlords cannot deny a rent application to someone because of one of their protected characteristics according to the Fair Housing Laws; however, some states (such as in the case of California) landlords cannot deny housing or rental application to someone because of their marital status, either.
Can a landlord refuse to rent to a person who is HIV positive?
Landlords cannot deny housing to individuals who may be HIV positive or have AIDS, because it would be a form of discrimination against people with disabilities. Having HIV/AIDS is considered a disability.
What can I do if I suspect discrimination?
When someone suspects that they have been discriminated against by a landlord, the recommendation is to call the local fair housing council in their area, or the office of the Department of Housing and Urban Development.
Can a landlord give different tenants different lease terms?
Landlords cannot give tenants different lease terms and conditions based on their characteristics, protected by the fair housing laws. However, some tenants, compared to others, may have different lease terms simply because they are renting a different type of dwelling. For example, if Tenant A is renting a two-bedroom apartment they will have for example, a thousand dollar monthly rent to pay. However, if Tenant B is renting a studio at the same apartment, their rental will be much less than a thousand dollars.
What types of units does the Fair Housing Act cover?
The Fair Housing Act covers all types of dwellings and units, including apartments, single family homes, mobile home parks, condominiums, campgrounds, residential motels and hotels, emergency and transitional shelters.
Can more than one person be on a lease?
More than one person can be on a lease, as long as they're over 18.
What happens if the other people on the lease don't pay their share of the rent?
If the other people on the lease don't pay their share of the rent, everybody on the lease can be held liable for nonpayment or partial payment of rent.
What is "rent control"?
Rent control is usually a local city ordinance or regulation that states that rent cannot be increased a certain amount per year.
Should I keep a record of the unit's condition when I move in?
All prospective tenants before signing a rental agreement or moving into an apartment or home, should keep record of the conditions of which that home was delivered in.
Safety And Repairs When Renting
Who is responsible for keeping the common areas clean and usable?
The overall maintenance of common areas is the responsibility of the landlord. However, if tenants are using the common areas, they also have some responsibility in maintaining them in a clean and safe condition.
Is there some kind of "maximum occupancy" or minimum space requirement?
Each state and city will have their own building & safety, health & safety and fire codes, which will determine the maximum number of occupants allowed in a dwelling or in a commercial or residential space. However, when determining the number of people that can live in the home, there's no broad or federal law that says how many people can live, for example, in a 1-bedroom apartment. Nevertheless, the Department of Housing and Urban Development has a guideline that they apply very strictly, and it's called the 2+1 guideline. The way to apply it is they recommend that landlords allow 2 people per living space plus 1. The way to imagine this guideline is by imagining 2 people in a bedroom and then you add 1. Thus, the occupancy guideline for a 1-bedroom apartment is 3.
If I am having trouble with my neighbors, should I tell the landlord?
If tenants are having problems with their neighbors, they should contact the landlord or the manager - anybody who's in charge of the property - and let them know what's going on.
What are some of the common housing code violations?
Housing code violations will vary between cities, counties and states. However, something to consider is that, for example, in California, housing code violations refer to plumbing systems that don't work, electrical systems or wiring that is faulty, not providing heat or hot water, or allowing vermin and rodents and cockroaches to roam around freely.
Is the landlord responsible for repairs?
Landlords will be responsible for repairs to structural problems at the property. However if the tenant damages something, like for example, breaks a window, then the tenant will be responsible to pay for that repair.
What can I do if a landlord refuses to make repairs?
In dealing with repair problems, we recommend that the tenant notify the landlord immediately of whatever was damaged. Put it in to writing what needs to be repaired and to keep a copy of that notification. If the landlord ignores the problem or doesn't do anything about it, the tenant has the option to call their local health, building and safety or code enforcement department.
Is my landlord required to make every repair I request?
Landlords are not required to make every repair that's requested. Landlords will most likely be responsible for the property's structural soundness and the plumbing and electrical systems of the property. However, if the tenant damages property, the landlord is not responsible to repair it.
What are some of the common reasons a residence is considered uninhabitable?
A residence can be considered uninhabitable if the plumbing system doesn't work, the sewer system doesn't work, if the property doesn't have proper waterproofing around the windows, doors, and the ceiling or roof. It will also be considered uninhabitable if there are rodents, cockroaches and other vermin that could cause a health hazard. Those are just some of the considerations that would make a property uninhabitable.
What can I do if my apartment is uninhabitable?
If a tenant believes that their apartment or home is uninhabitable, they should contact their local health department, code enforcement or building and safety department.
What is my landlord required to do to keep me safe?
In order to keep tenants safe, landlords are required to provide apartments or homes with locks or deadbolt locks on doors, locks for windows and gates, and smoke detectors. These are the most common safety requirements. Local city regulations may require other safety measures from landlords.
What can I do if my landlord refuses to take adequate safety measures?
If a landlord refuses to take adequate safety measures, such as for example installing a smoke detector, tenants should contact their local health or code enforcement department.
What do landlords typically prohibit in common areas?
A common illegal rule that we see as a fair housing organization is landlords prohibiting children from using or playing in the common areas. That is a form of discrimination towards families with children, who are protected under the fair housing laws under the care or juristate of familial status.
Are there laws regarding harmful building materials?
There are laws concerning the presence of the harmful building materials lead and asbestos at a property, and landlords should check with their local city or county government to see if there's a notification process that they have to file in order to inform prospective tenants of the presence of these two harmful building materials.
Must landlords make building alterations for disabled tenants?
If a tenant becomes disabled, or a tenant who already has a disability wishes to have a modification made to their unit or to the property so they can gain equal access, they have the right, under the fair housing laws, to request the landlord to make a reasonable modification. This refers to structural changes to the property so someone with a disability can have access. For example, if a tenant uses a wheelchair and they want to install an access ramp in order for them to be able to enter and exit their unit, they have the right to make that request and the landlord should allow the request.
The overall maintenance of common areas is the responsibility of the landlord. However, if tenants are using the common areas, they also have some responsibility in maintaining them in a clean and safe condition.
Is there some kind of "maximum occupancy" or minimum space requirement?
Each state and city will have their own building & safety, health & safety and fire codes, which will determine the maximum number of occupants allowed in a dwelling or in a commercial or residential space. However, when determining the number of people that can live in the home, there's no broad or federal law that says how many people can live, for example, in a 1-bedroom apartment. Nevertheless, the Department of Housing and Urban Development has a guideline that they apply very strictly, and it's called the 2+1 guideline. The way to apply it is they recommend that landlords allow 2 people per living space plus 1. The way to imagine this guideline is by imagining 2 people in a bedroom and then you add 1. Thus, the occupancy guideline for a 1-bedroom apartment is 3.
If I am having trouble with my neighbors, should I tell the landlord?
If tenants are having problems with their neighbors, they should contact the landlord or the manager - anybody who's in charge of the property - and let them know what's going on.
What are some of the common housing code violations?
Housing code violations will vary between cities, counties and states. However, something to consider is that, for example, in California, housing code violations refer to plumbing systems that don't work, electrical systems or wiring that is faulty, not providing heat or hot water, or allowing vermin and rodents and cockroaches to roam around freely.
Is the landlord responsible for repairs?
Landlords will be responsible for repairs to structural problems at the property. However if the tenant damages something, like for example, breaks a window, then the tenant will be responsible to pay for that repair.
What can I do if a landlord refuses to make repairs?
In dealing with repair problems, we recommend that the tenant notify the landlord immediately of whatever was damaged. Put it in to writing what needs to be repaired and to keep a copy of that notification. If the landlord ignores the problem or doesn't do anything about it, the tenant has the option to call their local health, building and safety or code enforcement department.
Is my landlord required to make every repair I request?
Landlords are not required to make every repair that's requested. Landlords will most likely be responsible for the property's structural soundness and the plumbing and electrical systems of the property. However, if the tenant damages property, the landlord is not responsible to repair it.
What are some of the common reasons a residence is considered uninhabitable?
A residence can be considered uninhabitable if the plumbing system doesn't work, the sewer system doesn't work, if the property doesn't have proper waterproofing around the windows, doors, and the ceiling or roof. It will also be considered uninhabitable if there are rodents, cockroaches and other vermin that could cause a health hazard. Those are just some of the considerations that would make a property uninhabitable.
What can I do if my apartment is uninhabitable?
If a tenant believes that their apartment or home is uninhabitable, they should contact their local health department, code enforcement or building and safety department.
What is my landlord required to do to keep me safe?
In order to keep tenants safe, landlords are required to provide apartments or homes with locks or deadbolt locks on doors, locks for windows and gates, and smoke detectors. These are the most common safety requirements. Local city regulations may require other safety measures from landlords.
What can I do if my landlord refuses to take adequate safety measures?
If a landlord refuses to take adequate safety measures, such as for example installing a smoke detector, tenants should contact their local health or code enforcement department.
What do landlords typically prohibit in common areas?
A common illegal rule that we see as a fair housing organization is landlords prohibiting children from using or playing in the common areas. That is a form of discrimination towards families with children, who are protected under the fair housing laws under the care or juristate of familial status.
Are there laws regarding harmful building materials?
There are laws concerning the presence of the harmful building materials lead and asbestos at a property, and landlords should check with their local city or county government to see if there's a notification process that they have to file in order to inform prospective tenants of the presence of these two harmful building materials.
Must landlords make building alterations for disabled tenants?
If a tenant becomes disabled, or a tenant who already has a disability wishes to have a modification made to their unit or to the property so they can gain equal access, they have the right, under the fair housing laws, to request the landlord to make a reasonable modification. This refers to structural changes to the property so someone with a disability can have access. For example, if a tenant uses a wheelchair and they want to install an access ramp in order for them to be able to enter and exit their unit, they have the right to make that request and the landlord should allow the request.
Ending Your Lease
What happens if I have to leave and break my lease?
If a tenant who's locked into a term lease for another six to twelve months needs to leave, they are legally responsible for the remainder of the lease, until the landlord finds a new tenant.
If my landlord has violated the lease, do I have to give notice if I leave?
Tenants are required to give notice if they are going to break their lease or they're moving out regardless of whether the landlord violated some of their responsibilities, or the conditions of the lease.
If I'm on a month-to-month lease, do I have to give notice if I leave?
Tenants who are on a month-to-month rental agreement should give the landlord a 30 day written notice of their intention to move.
If my roommate situation is not working out, can I leave without penalty?
If tenants have roommates and they want to move out because they're not getting along with their roommate, they should still notify the landlord of their intention of moving out and they should do so in writing.
How long can my landlord keep my security deposit after I leave?
Local, city and state regulations may vary as to how long the landlord may keep your security deposit after you leave. To give you an example, in California, landlords have 21 days to return a tenant's security deposit once they've moved out.
Can my landlord keep my deposit if I find a new tenant when I break my lease?
If a tenant breaks their lease and finds a new tenant, landlords are still required to refund the original tenant's security deposit. However, there might be deductions to the security deposit if, for example, there were repairs to be made, or something was damaged in the property that the original tenant didn't fix.
If a tenant who's locked into a term lease for another six to twelve months needs to leave, they are legally responsible for the remainder of the lease, until the landlord finds a new tenant.
If my landlord has violated the lease, do I have to give notice if I leave?
Tenants are required to give notice if they are going to break their lease or they're moving out regardless of whether the landlord violated some of their responsibilities, or the conditions of the lease.
If I'm on a month-to-month lease, do I have to give notice if I leave?
Tenants who are on a month-to-month rental agreement should give the landlord a 30 day written notice of their intention to move.
If my roommate situation is not working out, can I leave without penalty?
If tenants have roommates and they want to move out because they're not getting along with their roommate, they should still notify the landlord of their intention of moving out and they should do so in writing.
How long can my landlord keep my security deposit after I leave?
Local, city and state regulations may vary as to how long the landlord may keep your security deposit after you leave. To give you an example, in California, landlords have 21 days to return a tenant's security deposit once they've moved out.
Can my landlord keep my deposit if I find a new tenant when I break my lease?
If a tenant breaks their lease and finds a new tenant, landlords are still required to refund the original tenant's security deposit. However, there might be deductions to the security deposit if, for example, there were repairs to be made, or something was damaged in the property that the original tenant didn't fix.
Late Rent And Eviction
Can a landlord demand any late rent fee they choose?
Landlords can charge a late rent fee. However, they should check with city or state regulations to see if there is a limit on how much late rent fee they can charge.
Can a landlord lock me out of my apartment if I don't pay my rent?
Landlords are always required to go through the legal eviction process before locking out a tenant.
Can a landlord shut off my utilities if I don't pay my rent?
Landlords cannot legally cut off a tenant's utilities simply because they didn't pay their rent. Landlords should always follow the necessary legal eviction proceedings, rather than simply shutting off utilities.
Can a landlord put my belongings into the street if my rent is late?
Landlords cannot lock out or throw away a tenant's personal belongings simply because they didn't pay their rent. Landlords should follow the necessary legal eviction proceedings, rather than throwing out belongings.
What can a landlord do if my rent is late?
Landlords have a couple of options if a tenant pays their rent late. They can either charge them a late fee or the landlord can evict that tenant for non-payment of rent.
What is an "eviction"?
An eviction is when the landlord asks the tenant to move out, either with a written notice or through a legal proceeding.
Is there a standard eviction process?
Generally landlords should follow a notification process that the tenant has violated their rental agreement and then file for an eviction in court. However, each county in each state might have different procedures. For example in California, if a tenant hasn't paid their rent, the landlord should provide the tenant with a 3 day Notice to Pay or Quit, in which the landlord is giving the tenant the opportunity to correct the violation and pay their rent within a 3 day period. If the tenant doesn't pay their rent within those 3 days, the landlord has the option to go to court and file for what's called "Unlawful Detainer", and that's basically the eviction legal proceedings.
Can I be evicted for being noisy?
If tenants cause a nuisance by being noisy, that is a sufficient reason for landlords to evict that tenant.
Can I be evicted because my dog is noisy?
If tenants cause excessive noise which could create a nuisance, and that includes their dog being excessively noisy, barking too much or barking in the middle of the night; that could be sufficient reason to evict the tenant.
Can I be evicted for the actions of my guests?
Tenants are responsible for the actions and behavior of their guest. So if their guest destroys property, causes a nuisance, disturbs other tenants, or poses a threat, tenants can be evicted because of the guest.
Landlords can charge a late rent fee. However, they should check with city or state regulations to see if there is a limit on how much late rent fee they can charge.
Can a landlord lock me out of my apartment if I don't pay my rent?
Landlords are always required to go through the legal eviction process before locking out a tenant.
Can a landlord shut off my utilities if I don't pay my rent?
Landlords cannot legally cut off a tenant's utilities simply because they didn't pay their rent. Landlords should always follow the necessary legal eviction proceedings, rather than simply shutting off utilities.
Can a landlord put my belongings into the street if my rent is late?
Landlords cannot lock out or throw away a tenant's personal belongings simply because they didn't pay their rent. Landlords should follow the necessary legal eviction proceedings, rather than throwing out belongings.
What can a landlord do if my rent is late?
Landlords have a couple of options if a tenant pays their rent late. They can either charge them a late fee or the landlord can evict that tenant for non-payment of rent.
What is an "eviction"?
An eviction is when the landlord asks the tenant to move out, either with a written notice or through a legal proceeding.
Is there a standard eviction process?
Generally landlords should follow a notification process that the tenant has violated their rental agreement and then file for an eviction in court. However, each county in each state might have different procedures. For example in California, if a tenant hasn't paid their rent, the landlord should provide the tenant with a 3 day Notice to Pay or Quit, in which the landlord is giving the tenant the opportunity to correct the violation and pay their rent within a 3 day period. If the tenant doesn't pay their rent within those 3 days, the landlord has the option to go to court and file for what's called "Unlawful Detainer", and that's basically the eviction legal proceedings.
Can I be evicted for being noisy?
If tenants cause a nuisance by being noisy, that is a sufficient reason for landlords to evict that tenant.
Can I be evicted because my dog is noisy?
If tenants cause excessive noise which could create a nuisance, and that includes their dog being excessively noisy, barking too much or barking in the middle of the night; that could be sufficient reason to evict the tenant.
Can I be evicted for the actions of my guests?
Tenants are responsible for the actions and behavior of their guest. So if their guest destroys property, causes a nuisance, disturbs other tenants, or poses a threat, tenants can be evicted because of the guest.
Tenant's Rights And Responsibilities
What is a "nuisance clause" and how can it void my lease?
A nuisance clause just means that the tenant is responsible for not causing a nuisance. This could mean: excessive noise, disturbing other tenant's quiet enjoyment of the property or destroying property. If a tenant does cause a nuisance, it is a sufficient reason to evict a tenant.
If my guests damage the premises, can I be held responsible?
Tenants are responsible for the behavior of their guests, so if their guests are destroying property, committing waste, creating a nuisance, and disturbing other tenants, they will be held responsible.
What are the "common areas" of my building?
The "common areas" of an apartment building are areas that all tenants and their guests have access to. An example of a common area would be a community room, the laundry room, the pool, or the parking lot.
Am I entitled to use the common areas as I please?
Tenants have the right to use common areas as long as they don't destroy property or create a nuisance while using the common area.
Are my guests allowed to use the common areas?
Tenants and their guests both have the right to use common areas; as long as both they and their guests follow the rules and regulations and terms of use, and as long as they don't destroy property, commit waste, or create a nuisance.
A nuisance clause just means that the tenant is responsible for not causing a nuisance. This could mean: excessive noise, disturbing other tenant's quiet enjoyment of the property or destroying property. If a tenant does cause a nuisance, it is a sufficient reason to evict a tenant.
If my guests damage the premises, can I be held responsible?
Tenants are responsible for the behavior of their guests, so if their guests are destroying property, committing waste, creating a nuisance, and disturbing other tenants, they will be held responsible.
What are the "common areas" of my building?
The "common areas" of an apartment building are areas that all tenants and their guests have access to. An example of a common area would be a community room, the laundry room, the pool, or the parking lot.
Am I entitled to use the common areas as I please?
Tenants have the right to use common areas as long as they don't destroy property or create a nuisance while using the common area.
Are my guests allowed to use the common areas?
Tenants and their guests both have the right to use common areas; as long as both they and their guests follow the rules and regulations and terms of use, and as long as they don't destroy property, commit waste, or create a nuisance.
Tenant Rights
Does the landlord have to deliver the apartment in a certain condition?
Landlords do have to deliver the apartment or the home in habitable condition. For example, in the state of California, landlords are required to meet the condition of the implied minimum warranty of habitability which only refers to the structural soundness of the home or the apartment.
Should I move in if the landlord did not make promised repairs?
Tenants should not move in or sign the rental agreement if the landlord has not made promised repairs. However if they have already signed the rental agreement and want to move in, that's OK as long as they try to reach another agreement and if they can, a written agreement on how those promised repairs will be carried out.
Do I have to give my landlord a key to my apartment?
Yes, tenants are required to give their landlord a key to their apartment.
Can a landlord enter my apartment at any time?
Landlords can enter a tenant's unit in a certain number of circumstances, for example in an emergency, to conduct agreed-upon repairs, to show the unit to prospective tenants; however, only in two instances can a landlord enter the tenant's unit without any type of notification, and that would be in an emergency, or if the tenant has abandoned or left the unit.
Can a landlord make any rule they want regarding pets?
Landlords can make any rules they want regarding pets for example the types of pets that they allowed, the size of the animal or how many pets that they will allowed for tenant the only exception would be for a tenant who has a disability and requires of the service animal in which case landlords cannot make any restrictions about the service animal for that tenant who has a disability.
Can a landlord force me to get rid of my pet?
If a tenant's pet is causing property damages, or is causing a nuisance - even posing a threat to other tenants and their guests - a landlord may be able to force the tenant to get rid of their pet.
Can my landlord force my inoperable vehicle to be moved?
A landlord can ask a tenant to move an inoperable vehicle from their parking space. Each tenant should check with their landlord concerning the use of parking spaces.
Can a landlord stop me from installing a satellite dish on my porch?
Landlords can stop tenants from installing either a satellite dish or cable in apartments, because satellite dishes and cables require drilling and minor repairs in order to install that service. Under these circumstances, the recommendation is for tenants to ask the landlord's permission to install a satellite dish or cable. So once they have the permission, they can go ahead and make the installation.
Can a landlord stop me from putting up Christmas lights?
Landlords will have their own rules and regulations concerning decorative displays in common areas, therefore each tenant should check with the landlord if they can put up Christmas lights in common areas or hallways. If they want to put Christmas lights up in their own apartment, that's perfectly fine.
Can a landlord stop me from putting a grill on my balcony?
Landlords may have special rules and regulations concerning grills, and that possibly includes prohibiting having one in a balcony simply because it could potentially pose a health and safety hazard.
Can a landlord limit how many guests I can have to my unit?
Landlords can limit the number of guests that tenants have in their unit and for how many nights they can have guests.
Can a landlord deny certain guests?
Landlords can not deny a guest access to the property simply because of one of their characteristics such as their race, religion or gender. Landlords cannot deny access to that guest based on their protected characteristics under the Fair Housing Laws. However if that guest on a prior occasion caused a nuisance, destroyed property or distubed other tenants quiet enjoyment then that guest can be denied access.
Is there a limit on how long a guest can stay in my place?
Tenants should check with their landlords concerning their rules and regulations about having overnight guests. Each landlord will stipulate how many days or nights they allow guests at the property.
What can I do if I suspect my landlord is discriminating against my guests?
If tenants believe that the landlord is discriminating against their guests, they should contact the local fair housing council in their area or the Department of Housing and Urban Development.
Can a landlord make new rules and policies that are not on the lease?
Landlords can make new rules or policies and add them to the existing rental agreement. If the tenant has a lease -- a term lease, which is locked in for a six or twelve month period -- then they would have to wait until that lease has expired. However, if a tenant has a month-to-month rental agreement, then the landlord only has to provide them with three days notice before changing the terms of the tenancy, in order to change a rule or to add a new rule or regulation.
Can a landlord increase my rent during the lease?
Landlords can increase a tenant's rent. Again, this will vary depending on if it's a term lease or a month-to-month rental agreement. For a term lease, usually the rent is locked for a certain period of time, so they wouldn't be able to increase the rent during those six months or twelve months, unless the lease indicates otherwise. If a tenant has a month-to-month rental agreement, the landlord only has to provide the required notification, in writing, that they are increasing the rent.
Am I covered by my landlord's insurance policy?
If tenants want to protect their personal belongings, they should obtain their own insurance.
Landlords do have to deliver the apartment or the home in habitable condition. For example, in the state of California, landlords are required to meet the condition of the implied minimum warranty of habitability which only refers to the structural soundness of the home or the apartment.
Should I move in if the landlord did not make promised repairs?
Tenants should not move in or sign the rental agreement if the landlord has not made promised repairs. However if they have already signed the rental agreement and want to move in, that's OK as long as they try to reach another agreement and if they can, a written agreement on how those promised repairs will be carried out.
Do I have to give my landlord a key to my apartment?
Yes, tenants are required to give their landlord a key to their apartment.
Can a landlord enter my apartment at any time?
Landlords can enter a tenant's unit in a certain number of circumstances, for example in an emergency, to conduct agreed-upon repairs, to show the unit to prospective tenants; however, only in two instances can a landlord enter the tenant's unit without any type of notification, and that would be in an emergency, or if the tenant has abandoned or left the unit.
Can a landlord make any rule they want regarding pets?
Landlords can make any rules they want regarding pets for example the types of pets that they allowed, the size of the animal or how many pets that they will allowed for tenant the only exception would be for a tenant who has a disability and requires of the service animal in which case landlords cannot make any restrictions about the service animal for that tenant who has a disability.
Can a landlord force me to get rid of my pet?
If a tenant's pet is causing property damages, or is causing a nuisance - even posing a threat to other tenants and their guests - a landlord may be able to force the tenant to get rid of their pet.
Can my landlord force my inoperable vehicle to be moved?
A landlord can ask a tenant to move an inoperable vehicle from their parking space. Each tenant should check with their landlord concerning the use of parking spaces.
Can a landlord stop me from installing a satellite dish on my porch?
Landlords can stop tenants from installing either a satellite dish or cable in apartments, because satellite dishes and cables require drilling and minor repairs in order to install that service. Under these circumstances, the recommendation is for tenants to ask the landlord's permission to install a satellite dish or cable. So once they have the permission, they can go ahead and make the installation.
Can a landlord stop me from putting up Christmas lights?
Landlords will have their own rules and regulations concerning decorative displays in common areas, therefore each tenant should check with the landlord if they can put up Christmas lights in common areas or hallways. If they want to put Christmas lights up in their own apartment, that's perfectly fine.
Can a landlord stop me from putting a grill on my balcony?
Landlords may have special rules and regulations concerning grills, and that possibly includes prohibiting having one in a balcony simply because it could potentially pose a health and safety hazard.
Can a landlord limit how many guests I can have to my unit?
Landlords can limit the number of guests that tenants have in their unit and for how many nights they can have guests.
Can a landlord deny certain guests?
Landlords can not deny a guest access to the property simply because of one of their characteristics such as their race, religion or gender. Landlords cannot deny access to that guest based on their protected characteristics under the Fair Housing Laws. However if that guest on a prior occasion caused a nuisance, destroyed property or distubed other tenants quiet enjoyment then that guest can be denied access.
Is there a limit on how long a guest can stay in my place?
Tenants should check with their landlords concerning their rules and regulations about having overnight guests. Each landlord will stipulate how many days or nights they allow guests at the property.
What can I do if I suspect my landlord is discriminating against my guests?
If tenants believe that the landlord is discriminating against their guests, they should contact the local fair housing council in their area or the Department of Housing and Urban Development.
Can a landlord make new rules and policies that are not on the lease?
Landlords can make new rules or policies and add them to the existing rental agreement. If the tenant has a lease -- a term lease, which is locked in for a six or twelve month period -- then they would have to wait until that lease has expired. However, if a tenant has a month-to-month rental agreement, then the landlord only has to provide them with three days notice before changing the terms of the tenancy, in order to change a rule or to add a new rule or regulation.
Can a landlord increase my rent during the lease?
Landlords can increase a tenant's rent. Again, this will vary depending on if it's a term lease or a month-to-month rental agreement. For a term lease, usually the rent is locked for a certain period of time, so they wouldn't be able to increase the rent during those six months or twelve months, unless the lease indicates otherwise. If a tenant has a month-to-month rental agreement, the landlord only has to provide the required notification, in writing, that they are increasing the rent.
Am I covered by my landlord's insurance policy?
If tenants want to protect their personal belongings, they should obtain their own insurance.
Renting Fees
Are there limits on application fees?
The size of the application fee in each state might be a little bit different. For example, in California the maximum that could be charged for an application fee is $37.57.
When can a landlord keep my application fee?
A landlord can keep the application fee when they process the application - run a credit check and check a applicant's references - which is the purpose of the application fee.
What is a "security deposit"?
A security deposit is a fee that is paid to the landlord as a form of insurance. The security deposit is meant to protect the landlord for any damages that the tenant may have caused and not repaired, or if the tenant abandons the unit without paying their rent, something like that.
What are some other monies that a landlord may ask for in addition to the rent?
The landlord, besides the first month's rent, can also ask for a security deposit; so beyond the application fee and the first month's rent, any money paid to the landlord is considered security deposit. It's normal practice for landlords to stipulate that tenants will have to pay last month's rent plus a security deposit, or they'll have to pay last month's rent plus a cleaning fee, plus a pet deposit, plus security deposit; but any money paid beyond the first month's rent is considered security deposit. It doesn't matter how they divide it up.
Is there a limit to how much landlords can charge for a security deposit?
Landlords are limited in the amount of security deposit they can charge. However, this may vary by states. For example, in California, landlords can only charge up to 2-months rent for an unfurnished apartment or dwelling, and for furnished apartments they can charge up to 3-months rent as a security deposit
Can my security deposit go to an interest bearing account?
Whether your security deposit can go into an interest-bearing account might be a regulation that varies by state, even by city. For example, in California, landlords aren't required to put the security deposit into an interest bearing account. However, for the city of Los Angeles, for example, landlords who have rent controlled properties must put the security deposit in an interest bearing account.
Can a landlord ask for an extra security deposit from people with children?
Landlords cannot ask additional security deposit from families with children because that could be seen as a form of discrimination because they have children, or because in a household there are more occupants.
What is the best method to pay my rent money?
The best method to pay rent is with a check. Tenants also have the option to pay with money order, if they wish, or cash. Probably any method of rent payment that the tenant has a receipt for is best.
The size of the application fee in each state might be a little bit different. For example, in California the maximum that could be charged for an application fee is $37.57.
When can a landlord keep my application fee?
A landlord can keep the application fee when they process the application - run a credit check and check a applicant's references - which is the purpose of the application fee.
What is a "security deposit"?
A security deposit is a fee that is paid to the landlord as a form of insurance. The security deposit is meant to protect the landlord for any damages that the tenant may have caused and not repaired, or if the tenant abandons the unit without paying their rent, something like that.
What are some other monies that a landlord may ask for in addition to the rent?
The landlord, besides the first month's rent, can also ask for a security deposit; so beyond the application fee and the first month's rent, any money paid to the landlord is considered security deposit. It's normal practice for landlords to stipulate that tenants will have to pay last month's rent plus a security deposit, or they'll have to pay last month's rent plus a cleaning fee, plus a pet deposit, plus security deposit; but any money paid beyond the first month's rent is considered security deposit. It doesn't matter how they divide it up.
Is there a limit to how much landlords can charge for a security deposit?
Landlords are limited in the amount of security deposit they can charge. However, this may vary by states. For example, in California, landlords can only charge up to 2-months rent for an unfurnished apartment or dwelling, and for furnished apartments they can charge up to 3-months rent as a security deposit
Can my security deposit go to an interest bearing account?
Whether your security deposit can go into an interest-bearing account might be a regulation that varies by state, even by city. For example, in California, landlords aren't required to put the security deposit into an interest bearing account. However, for the city of Los Angeles, for example, landlords who have rent controlled properties must put the security deposit in an interest bearing account.
Can a landlord ask for an extra security deposit from people with children?
Landlords cannot ask additional security deposit from families with children because that could be seen as a form of discrimination because they have children, or because in a household there are more occupants.
What is the best method to pay my rent money?
The best method to pay rent is with a check. Tenants also have the option to pay with money order, if they wish, or cash. Probably any method of rent payment that the tenant has a receipt for is best.
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