Renters Rights
by Teresa Ambord
Arm yourself with knowledge and know-how before you sign your lease. If you're trying to rent your first apartment, it may be hard without a rental history. Here's a tip: rather than trying to rent from a property management company that is bound by rules, try renting from an individual. But wherever you seek to rent, you'll have better luck if you take references and a credit report with you.
Review a lease thoroughly before you agree to it. It may specify restrictions on guests, pets, parking, home businesses, changes to the rental (like painting). Once you've signed it, you've committed to those rules, even if they seem unreasonable.
If your landlord agrees orally to let you do something not mentioned in the lease, such as have a cat, ask for the agreement in writing. You may even want to write it up yourself and ask the landlord to sign it before you get that cat.
Can landlords enter your apartment when you are not home?
Generally no, not just to check up on the condition of the apartment, or for example, if they suspect you are keeping a pet against the rules. But depending on which state you live in, your landlord may be allowed to enter under these conditions: if the landlord suspects an emergency, to make repairs or see if repairs need to be made, to show the apartment to a prospective tenant, or if you are gone for an extended period of time (over seven days, usually).
What if your rental is unsafe or unsanitary?
Tenants have rights to live in habitable rental units, including sanitary conditions, structurally safe premises, weatherproofing, heat, water, and electricity. If your rental is in poor condition and the landlord refuses to make timely repairs, contact your local health or fire department, or your local building or housing authority for help. They will advise you what you should do.
You may have the right to withhold some of the rent or to pay for the repairs yourself and withhold the cost from your rent, or to call a building inspector, or to move out without paying a lease-breaking penalty. But before it gets to that point, keep the lines of communication open with your landlord. Hopefully, you can work it out without a legal battle.
Renter's Insurance
It's a good idea to have renter's insurance in case of theft or damage, or if someone is injured in your rental apartment because of your carelessness. These policies are pretty affordable, and, chances are, your landlord's insurance won't cover you.
Security Deposit
Before you sign your lease, make sure you understand how your security deposit will be handled. Insist on a walk-thru with the landlord, to make note of any conditions which pre-exist. Take a little time with this, checking things that aren't obvious from visual inspection, like sink drainage, water pressure, and appliances like dishwashers. In general, landlords can withhold from your security deposit if you cause excessive wear or mess, but not ordinary wear and tear.
Here is a state by state chart detailing how much you can be charged for a security deposit"
Real Estate Lawyer: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wisconsin, Wyoming
