LANDLORD/TENANT LAW INFORMATION CENTER 

 

Overview

A signed lease or an agreement is required when renting or leasing an apartment or other kind of rental property.  A landlord can ask for a security deposit at the time of rental; how much is a fair amount?  Once you are living in the property, appliances can break or stop working, or you find something that needs to be repaired by the landlord.  If he does not fix the problem and you decide to stop paying your rent, a legal issue could arise.  If you and the landlord cannot resolve the dispute, an experienced real estate attorney is needed.

Rental Laws

A signed lease is a binding contract between the landlord and tenant.  It obligates both parties to their end of the contract.  Laws govern how much a rental services agency or real estate agent can charge to find a tenant a place to live.  They also state that a rental agent must disclose certain information to potential tenants about the property.

State Protection Laws – The landlord and tenant are protected if something goes wrong.  This includes the tenant not paying the rent, having loud parties, or damaging property.  The landlord has the option of evicting them and keeping the security deposit to pay for the damages.  However, the tenant may be able to break the lease if the landlord fails to make repairs in the property.  Landlord/Tenant laws are governed by the state you live in, not the Federal government.

The Federal Fair Housing Act of 1968 protects individuals from discrimination against race, color, sex, national origin, family status or any disability when renting property.  It is illegal for a landlord to hold these attributes against a potential tenant.  The landlord cannot change the terms of a lease on a case-by-case basis.

It is against the law for landlords to lie to minorities about the availability of rental property or take them to a neighborhood based on their race.  The landlord is also required to make his or her property user-friendly for disabled persons – a ramp for a wheelchair, low light switches, or non-slip threads in a bathtub.

In order for an individual to bring an action under the Fair Housing Act, the claim must be filed within one year of the alleged discrimination.  If the defendant is found to be guilty as charged, the plaintiff can be awarded actual and punitive damages.  If a landlord has threatened or harmed you while attempting to rent the property, the landlord can be found criminally liable and be required to pay a penalty or serve time in jail.

 

Rental Agreements versus Leases

When you rent property, whether you receive a rental agreement or a lease, always make sure it is in writing.  It should include the amount of the rent, date it is due, the date the agreement or lease expires, how many people live in the property, pets included, and who pays the utilities.  The agreement should abide with Federal and State laws regarding no discrimination, disclosures about the property’s condition, safety codes, security deposit and termination of the agreement.

A rental agreement is used when the tenant only plans to live in the property a short time.  This is called a month-to-month rental agreement.  It is automatically renewed at the end of the period unless written notice is given by the landlord or tenant stating they do not wish to renew it.  The landlord also has the option to change the terms of the agreement but must provide the tenant with notice first. 

A lease is used when the tenant wants to live in the property for six months or more – usually a year.  As long as the tenant continues to pay his or her rent, the lease remains valid.  A lease is not automatically renewed at the end of the given period; a new, signed lease is required.

Rent

A signed lease requires a tenant to pay a monthly rent and provide a security deposit.  Most of the time rent is due on the first of every month but the landlord has the option of changing the date.  The rent can only be increased at the end of the lease or if an increase is stated in the lease.

The rent can be raised in a month-to-month lease only when the landlord provides written notice at least 30 days ahead.  Some communities in the United States have rent control laws, but in most instances, the landlord can raise the rent to whatever he or she wants.  The landlord can provide a provision for late payments or terminate the rental agreement if the rent is not paid on time.

Security Deposit

When renting property, most property owners require you to give a security deposit, which is usually equivalent to one month’s rent although the landlord can charge extra if a pet is involved.  A security deposit protects the landlord in case the tenant does not pay rent or does damage to property.  Property damage does not include normal wear and tear such as faded paint.  It does include holes in walls, broken windows, or ripped drapes.  The deposit will be returned at the end of the lease if no property damage has occurred.

It is wise to keep records and take photos (with dates on them) of the condition of the property when you move in and when you move out.  Doing this will give you a list of what was cracked or broken when you moved in; you will not be blamed for it.  Take a walk-through with the landlord before you move in to determine if anything needs to be repaired.  Ask the landlord to sign off on your list.  At the end of the lease, take another walk-through with the landlord and duplicate what you did before moving in.  The day you move out, make sure you return the keys to the landlord.  Make sure you leave a forwarding address for the landlord to return your security deposit.

 

Landlord’s Responsibilities

A landlord and tenant both have obligations and rights when rental property is involved.  The landlord is required to make his or her rental property a safe and livable dwelling.  A few examples of what the landlord is responsible for is to replace light bulbs, smoke alarms or carbon monoxide detectors in a common area, insects or ant problems, or leaking water.  There are cases where the landlord is responsible for injuries sustained by the tenant or guests, such as a water leak that caused a slippery sidewalk.  An injury caused by something the tenant did, would not make the landlord liable (i.e. a guest falling because of something the tenant spilled on the floor).

However, a landlord is not required to make repairs to property that the tenant continues to damage or something that is outdated, but in good condition.

Tenant’s Responsibilities/ Rights

The number one responsibility of a tenant is to pay his or her rent on time.  A tenant has the responsibility to inform the landlord when a repair is needed in his or her unit.  If the tenant has to make several phone calls, it is wise to keep a list of them.  Some state laws allow the tenant to make the repairs themselves and deduct the cost from their rent.  A tenant has the responsibility of keeping his or her unit in good condition – not intentionally damaging carpets, window coverings, walls, etc.  A tenant also has the right to privacy.  The lease or rental agreement should include a provision stating the landlord cannot enter the property without first notifying the tenant.

 

Lease Termination

Termination depends on the type of agreement you have signed.  Either party can terminate the rental agreement with at least 30 days written notice to the other person.  However, a lease can only be terminated at the end of the specific period unless the landlord or tenant violated certain rights – like refusing to make repairs or not paying rent on time.  The landlord has the option of eviction if the tenant fails to pay rent, sublets the property to another person or engages in illegal activities at the property.

Eviction

Eviction is forcing a person to remove themselves and their personal property from a rental unit.  State laws require the landlord to give the tenant a written notice to leave the premises.  A tenant has the right to try to correct the problem (i.e. pay back rent) and stop the eviction.  A landlord must go to court and legally prove that a tenant has violated terms of the rental agreement or lease in order to evict him or her.  Once the landlord has the legal right for eviction proceedings to begin, a sheriff or police officer can serve the eviction notice on the tenant – stating he has a certain time to leave.

A landlord should not try to evict a tenant with verbal threats or shutting off utilities; this can lead to legal trouble for the landlord.

Conclusion

A landlord and tenant both have rules, responsibilities, and rights that need to be followed when pertaining to a rental agreement or lease.  If a violation of such rules takes place, the landlord has the option to evict the tenant.  On the other hand, a tenant has the right to break the agreement if repairs are not completed by the landlord.  Each state has laws governing a landlord and tenant’s rights.  A knowledgeable real estate attorney can guide you through these laws and protect your rights.

Links to additional information

For more information on the Fair Housing Act and rental issues, visit the U.S. Department of Housing and Urban Development (HUD) at www.hud.gov