© 2006 Consumer Jungle Landlord Tenant Law

© 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 Know the Basics Length of the Lease –Month-to-month –6 months –1 year Amount of Rent Amount of Security deposit

© 2006 Consumer Jungle Types of Rental Agreements Lease agreement- Written contract specifying the legal responsibilities of both the tenant and landlord –Tenant-the renter, is the person who rents the property No-lease agreement- Month to month agreement –Not in writing –Risky

© 2006 Consumer Jungle Types of Rental Agreements Continued Written agreement- Short written agreement which is less formal and easier to understand than a lease  Rent month to month  Allows the renter to make changes to the lease Oral agreement- Verbalized by the renter and the landlord/property manager  Risky

© 2006 Consumer Jungle Lease Agreements A lease must identify the following before signing: –Rent amount –Payment procedure –Late rent payment penalties

© 2006 Consumer Jungle Lease agreements continued –Length of the lease –Number of people in the rental unit –Names on the lease –Payment responsibilities for all amenities Amenities in a living space include water, garbage, electricity, heat, telephone and internet service, and television.

© 2006 Consumer Jungle Lease Agreements Continued –Responsibility for repairs and maintenance –Eviction procedures –What happens when the lease ends –What happens if the lease is broken early –Furnishings available –Pets –Landlord’s access rights to the property –Parking –Moving-out procedures

© 2006 Consumer Jungle Lease Agreements Continued Items to identify in lease agreements include: –Hanging pictures on the walls –Policy on overnight guests –Subleasing Subleasing is when the tenant allows someone else to move in and take over the rent payments –Allowing the landlord to cancel the lease without notification

© 2006 Consumer Jungle Lease Agreements Continued –Allowing the landlord to hold the tenant liable for the remaining lease balance if one day late with payment –Allowing landlord permission to enter rental unit when tenant is not there –Holding the tenant liable for repairs and maintenance

© 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 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 Sometimes tenants can be evicted. Eviction occurs when the tenant does not voluntarily move out after the landlord has given required notice to the tenant –Security deposit amount A security deposit is a one time fee paid in advance to moving into a living space to cover the costs of repairs or damages to the space beyond normal wear and tear

© 2006 Consumer Jungle Security Deposits Continued Steps to take to get a security deposit returned: –Send a certified letter to landlord/property manager stating the desire to have deposit returned –Send copies of all documents (rental agreement, copy of security deposit receipt, list of previously existing damage, and pictures) –Take the individual to small claims court Remember, having everything in writing is the best way to ensure the return of a security deposit

© 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 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 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 Take pictures of everything (include date on photo) Go through rental check list

© 2006 Consumer Jungle Where to Go for Help Your state Attorney General’s office Your state Housing and Urban Development (HUD) department –Choose your state/Housing –Download state-specific information