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Landlord tenant law
1.
2. You’re living on your own
now
You must know the rights
and responsibilities of
The Tenant (that’s you)
The Landlord
3. 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.
4. Know average rent for
area
Cost of Living
Calculator
Compare rent
between two cities
5. Length of the lease
Month-to-month
6 months
1 year
Amount of Rent
Amount of security deposit
6. 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
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
8. Month-to-month rental
agreement. 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 anytime
9. 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. 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. 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. The length of tenancy
The amount of rent and deposits the tenant
must pay
The number of people who can live on the
rentals property
Who pays for utilities
Whether the tenant may have pets
Whether the tenant must sublet the property
The landlords access to the rental property,
and
Who pays attorney fees if there is a lawsuit
13. Giving up your right to
defend yourself in court
Limiting the landlord’s
liability for things they’re
normally responsible for
15. 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. 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 into the same
condition as when you moved in
17. Important for each tenant
Landlords 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. Get landlord’s approval
Will adding a roommate
exceed the occupancy limit?
Will your new roommate
meet your landlords good
tenant criteria?
19. Adding a roommate to the
lease or rental Agreement
New lease
More Roommates, More Rent
More wear & tear
Security Deposit Increases
20. May need to
Make repairs
Show property
Must give notice
Varies by states from 24 hours to “
reasonable notice
No notice needed
Emergency
Fire
Serious water leak
Abandonment
You can’t refuse access
21. Put your request in writing
Give landlord time to respond. Required
response time varies by state but generally:
24 hours for no heat 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. Options when the landlord won’t repair:
Pay less rent
Withhold rent
Make repairs
Hire a professional & deduct cost from
rent
Call building inspector
Mediate or go to court
Move out (give notice)
Varies by state
23. Not paying rent
Even if one day late with rent
Three-day notice to pay or move out
required
Not complying with term 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. 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. Even if you’re behind in rent
Lockouts
Utility shutoffs
Taking your property (unless you
abandon it)
Retaliatory action
26. Tenant can legally break the lease it.
Landlord fails to Make repairs
Fails to comply with health & safety
Tenant responsible for reminder of rent
under lease term
Landlord has duty to find a new tenant
27. Landlord can legally break the lease if:
Tenant pays rent late, has a dog
under a no-pet cause, or damages
property.
Land lord may:
Give time to change i.e. find a new
home for the dog
Ask tenant to leave
How varies by state
28. 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. Clean apartment and leave
in same condition as when
you moved in (except
normal wear and tear)
Leave forwarding address
for deposit return
30. Ask parents to walk
through rental with you
Take pictures of everything
( include date on photo)
Go through rental check list
31. 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