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Landlord Tenant Law

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.  

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Landlord Tenant Law

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  1. Landlord Tenant Law

  2. 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

  3. The Players • Tenant:Somebody who rents a house or apartment for a fixed period of time.   • Landlord: Aperson that owns property that is rented to tenants.

  4. Find out Average Rent • Know average rent for area • Cost of Living Calculator • http://www.bankrate.com/brm/movecalc.asp • Compare rent between two cities

  5. Know the Basics • Length of the Lease • Month-to-month • 6 months • 1 year • Amount of Rent • Amount of Security deposit

  6. Good-Tenant Criteria? • Application Fee for Screening • Credit check & bankruptcies • Employment & Income • Rental history & evictions • References • Applies to each tenant • Non-refundable

  7. 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 Legal & Illegal Discrimination

  8. 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

  9. 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

  10. 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!

  11. 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”

  12. 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.

  13. Illegal Contract Provisions • Giving up your right to defend yourself in court • Limiting the landlord’s liability for things they’re normally responsible for

  14. Landlord’s Maintenance Responsibilities • Weatherproofing • Available heat • Water • Electricity • Clean, sanitary, & structurally safe • Smoke detectors • Security-Locks & keys

  15. 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

  16. 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

  17. 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

  18. 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?

  19. Roommates & Rental Agreements • Adding a Roommate to the Lease or Rental Agreement • New lease • More Roommates, More Rent • More wear & tear • Security Deposit Increases

  20. 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

  21. 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

  22. 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

  23. 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

  24. 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.

  25. Illegal Landlord Actions • Even if you’re behind in rent • Lockouts • Utility shutoffs • Taking your property (unless you abandon it) • Retaliatory actions

  26. 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

  27. 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

  28. 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

  29. 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

  30. 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

  31. 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

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