Renting BASIC TERMS, RIGHTS, AND RESPONSIBILITIES

Key Terms Lease: Agreement between landlord and tenant(s) including but not limited to: rental rate, any additional fees, term of tenancy, number of occupants, common procedures, etc. MUST be signed by both lessor and lessee to be in force. Term: Period of time the lease is valid for. May be month-to-month, or a fixed term. May automatically renew or terminate at end of the term. Security Deposit: Amount collected by landlord to protect against damages by tenant. Cannot exceed 1 ½ half times monthly rent. Must be kept in a separate account from rent monies. Can only be used for unpaid rent, fees, damages at the end of a lease. Application Fee: Fee charged to process applications to cover credit checks, criminal background checks, employment and identity verification. Does not guarantee approval.

Key Terms Continued Eviction: Termination of lease by landlord for violation of lease terms, illegal activity, failure to pay rent, or failure to vacate at the end of the lease term. Joint and Several Liability: Each tenant responsible for all obligations under the lease. Your are not responsible only for your share, but the entire amount of any judgment. Lease Clause: A section of the lase that outlines a certain procedure or responsibility for either the landlord or tenanat.

Applications Process Applications usually include: ◦Basic Information ◦Identity Verification (SS number, Drivers License) ◦Prior Landlord Information ◦Credit Check ◦Criminal Background Check ◦Employment/Income Verification Application does not guarantee approval Items that cannot be used to consider an application: Sex, Age, Religion, Familial Status, Race, Source of Income

Common Lease Clauses Number of Occupants Number and Location of Parking Spots Number of Keys Late Fees Pet Policies Repair and Maintenance Any Included Utilities Application of Payment Received

Common Lease Clauses Term Termination Procedures Additional Fees Security Deposit Amount and Location

Rights of Landlord Periodic Rent Payments Access to Make Repairs with Notice Use Security Deposit for Damages or Unpaid Rent/Fees Enforce Terms of Lease

Rights of Tenants Use of Property as Agreed Quiet Enjoyment Inhabitable Property Timely Repairs Return of Security Deposit Less Damages or Unpaid Rent/Fees

Eviction Timeline 24 hr notice for illegal activity with formal police report 7 day notice for ◦a) nonpayment of rent ◦b)continuing physical damage to property ◦c)serious health hazard 30 day notice for ◦a)violation of terms of lease ◦b)illegal entry or trespass ◦c)illegal holdover at termination of lease ◦d)just cause for tenant of mobile home or government subsidized housing

Eviction Timeline After Initial Notice Expires Within 10 days ◦Court hearing, judgment made for landlord or tenant can include money damages, either side may appeal If judgment for eviction, writ of possession issued and served 10 days after judgment, property turned over to landlord Process can take from 27 to 57 days Landlord cannot remove tenants without writ of possession At any time parties can choose mediation instead of court

Security Deposit Timeline Security Deposit must be paid prior to move in Must be held in a separate account with information provided to tenant Move in checklist must be completed within 7 days of move in At termination of tenancy/move out: ◦Within 4 days tenant must provide landlord with written notice of new address ◦Within 30 days landlord must provide accounting of security deposit and any refund due ◦Within 7 days of receiving notice, written response to dispute any damages

General Tips Never rent without a written lease Be careful who you agree to sign a lease with Read your lease before signing Follow the terms of your lease Get renter’s insurance Communicate in writing