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Landlord-tenant disputes are common and can become very emotional. Knowing the legal rights and obligations described below will help you avoid these types of disputes. To start, renters have rights. Some of them are outlined below for your review. Whether you are signing a lease, already in a current lease, or even considering breaking a lease, you should know the 13 things that many landlords don’t want you to know.
Please note that this information is not intended as a replacement for professional legal advice. It is advised to consult with a licensed attorney in dealing in such legal matters.
1. Leasing to Tenants with Children
You cannot be refused housing, steered to certain areas in an apartment complex, including proximity to or from an activity center or water recreational area because you have children. You cannot be questioned about marital status or number of children. If your landlord has refused to rent to you because of your race, color, religion, national origin, handicap, or because you have children, then they are in violation of fair housing practices and federal law.
2. Right of Inspection
You have the right to make a thorough inspection of the property before you sign the lease. If you are thinking about signing or renewing a lease or you are ready to move in…
· Ask for a complete inspection and bring pen and paper and make lots of notes.
· Before you sign an apartment lease, you should inspect the apartment (called the “unit") to make sure it is in good condition. If you want certain repairs to be made before you move in, then do not give the landlord any money until he agrees in writing to make the repairs by a certain date. If you want to move in even though the problems have not been fixed yet, then get an agreement in writing signed by the landlord which lists the repairs needed and gives a date when the repairs need to be done.
· Sign a move-in checklist. Even if you do a walk-through of the apartment and find no major problems, make sure that you and the landlord sign a move-in checklist that describes the condition of the unit. If the landlord will not sign a checklist, then make your own checklist, sign and date it, mail it to the landlord, and keep a copy for yourself. If the landlord refuses to fix the problems and later tries to charge you for causing these same damages to the unit, then your checklist will be good evidence that the damages were already there when you moved in. Some examples of the type of damage to note on the list include dirty walls, stained carpets, dirty refrigerator, etc. You and the landlord should sign a move-out checklist also so that you both agree as to what has been damaged while you lived there.
3. Review the lease thoroughly before you sign.
This is critically important. It is not uncommon for landlords or leasing companies to put in unfair collection practices and absorbent penalties in favor of the landlord. Such items are usually found in the section under the payment of rent. Also look in the special provisions section as well. A family in Dallas once signed a lease stating that the landlord had the right to remove the front and back door of the townhouse after the 10th of the month if the rent was not received.
Remember, once you and the landlord have signed the lease, it is a legally binding agreement and you will be held responsible for complying with the lease. If you want the landlord to change anything in the lease, tell them before you sign the lease and check the lease to make sure they do it. After the lease is signed, any other changes must be put in writing and signed by you and the landlord.
Before signing a lease, you should tell the landlord you need to take the lease home with you to read it. If the landlord tells you that you must sign the lease immediately or you will not get to rent the unit, then consider renting somewhere else. You should review the lease very carefully and ask someone for assistance if you are having trouble understanding it.
Watch for:
Blank spaces/Extra Writing
It is not uncommon for some landlords to leave blank spaces to insert extra writing after the lease is signed. Watch for these and draw a line through them.
Check the Length of time of the lease.
The lease should state the length of time you will be renting the unit. This could be one year, one month, or a shorter or longer period of time. Whatever the time period, remember that generally you are responsible for paying the rent for that entire period.
Some leases automatically renew for another term (period of time). For example, a one-year lease may renew for another year. Look for wording in the lease that requires you to terminate, or end, the lease in writing in order to prevent it from automatically renewing. Remember to send this notice terminating the lease at the end of your lease period if you do not want it to automatically renew.
Some leases turn into a “month to month" lease once the original lease term has ended. This simply means that you are bound by the same terms of the lease as before, except that the lease term is only one month long and the lease automatically renews each month unless you or the landlord terminates the lease properly.
4. Amount of Rent.
The lease must state the amount of rent that you will owe and when that rent is due. The lease should also tell you where to pay your rent. If the lease does not say when your rent is due, it is due on the first of each month, or on the first of each week if you have a weekly lease. Look for late fees in the lease that would be charged if you were late in paying the rent. Always get a receipt each time you pay rent and keep it.
5. NSF Checks and Paying Cash
NEVER PAY in CASH or replace a NSF CHECK with cash. Never allow a landlord to keep a check that was returned unpaid by your bank. It happens frequently that a landlord will agree to return a tenants NSF check or mail it to them. The tenant then agrees to replace the NSF check with cash or money order and does not retrieve their bounced check. Many tenants discover later their landlords kept these checks as collateral and then present the dishonored checks at the tenants bank for forced collections or even worse, sends the NSF checks to the district attorneys office for prosecution or to a collection agency. Unfortunately, even a copy of the replacement money order stub can be unacceptable proof of payment in proving your case against unscrupulous landlords who are in possession of a returned check and set on bilking more money from you.
6. Landlords cannot raise the rent during the lease period.
If you have a written lease, the landlord cannot raise the rent during the period of time you are renting under the lease. If you have a verbal agreement only or a month to month written lease, then the landlord can raise the rent by giving you notice in writing at least 30 days before your next rent payment is due.
7. Repairs.
The law requires your landlord to keep the property in good repair. You are responsible for maintaining the condition of the property except for reasonable wear and tear. Check for terms in the lease that make you responsible for fixing or replacing certain items in the unit.
Your landlord must:
Keep your home up to the local housing code and make sure it is clean, safe, and sanitary.
Provide safe heating equipment, which heats the whole unit
Keep the foundation, floor, walls, ceilings, and roof weatherproof, waterproof and rodent proof.
Make sure the stairways, approaches, and entry ways are safe to use and can support people.
Keep the appliances, air conditioner and other things he provided in the unit in good working order.
If the landlord does not do this….
Take pictures of the problems for use later on if you go to court. If you have asked your landlord to make repairs to your unit and the landlord does not make the repairs, then you may send him a written notice by certified mail that tells him he has 14 days from the date on the notice to fix the problems.
If you want to end the lease, then you should say in the notice that you will end the lease within 30 days from the date of the notice if he does not fix the problem within 14 days. Keep a copy of it for yourself along with the certified mail return receipt.
8. If you receive a 3-day notice of nonpayment of rent from your landlord…
The notice is from the landlord and you need to pay your rent during these three days, but the landlord cannot put you out until you are evicted.
Your landlord may send you a notice in the mail, hand you a notice or leave a notice on your door saying that you have not paid rent for the month and that you have 3 days to pay it. The notice will usually say that unless you pay the rent in full within 3 days, the lease will be terminated (meaning the lease will end). You need to pay your rent within these three days. After the three days are up, the landlord does not have to accept the rent from you, even if you offer the full amount. Instead, the landlord can sue you for eviction if you do not pay within the three days. The important thing to remember is that this kind of a notice comes from the landlord, not the court, so it does not mean that you need to move out.
Pay your rent in full plus any late fees within three days. If you do this, the landlord must accept the rent and your rental agreement will not be terminated for nonpayment of rent and you will not have to move. If you only offer to pay part of the rent, your landlord does not have to accept it.
If you cannot pay the rent in full within three days, your landlord might file suit.
The landlord may file suit asking that you be evicted from the property. If this happens, someone will serve you papers from the sheriff’s office or another process server.
9. If you are without hot and cold running water, electricity, gas, or other essential service…
If you want to end the lease:
If your landlord has willfully disconnected your electricity, gas, heat or your running water, you can send or give your landlord a notice (keep a copy) telling him about the problem and telling him you are terminating your lease. Your lease will then be ended and you can move out and stop paying rent. You can also sue your landlord after you have terminated the lease for not fixing the problem. You can get an amount equal to what 3 months rent would have been plus your attorney’s fee if you win. You may not be able to get this money if you are behind on your rent. Again, you should talk to a lawyer first before taking these steps.
10. If your landlord has entered your apartment/house without your permission…
Your landlord needs to give you notice at least one day before coming into your unit and may not come in at unreasonable times, like the middle of the night. Your landlord can only come into the unit to inspect it, make repairs, or show it to future tenants or buyers. Only if there is an emergency like a broken water pipe or a fire, can the landlord come in without any notice.
If your landlord does not give you notice one day before or continues to bother you with frequent inspections, you should call a lawyer. You may be able to sue the landlord and get money damages and your attorney’s fee.
11. If your landlord has locked you out of your apartment/house.
A landlord cannot lock you out of your unit unless he has already gone through an eviction process with the court and has gotten a judgment against you saying that he can take possession of the unit. The landlord must have a constable or person from the court come to evict you (make you move). If the landlord comes himself and tries to put you out, CALL THE POLICE. When a landlord locks you out without an eviction order, you should first contact an attorney. You can send or give your landlord a notice (keep a copy) about the lockout, then sue your landlord to get back in your unit or you can simply state in the notice that the rental agreement is ended. Whichever you do, you can also sue for money damages equal to what 3 months rent would have been plus your attorney’s fee, security deposit and prepaid rent if you win. Again, you should talk to a lawyer about this.
12. If your landlord has taken or locked up your personal property…
If you are still living in the unit, then call the police and report that your property has been taken. If the landlord has only given you a 3-day notice about your rent and there has been no eviction judgment against you yet, then you may have a defense to the eviction because your landlord took your property unlawfully. You need to call a lawyer for advice about this.
13. How to get your deposit back after you move.
To get your deposit returned after you move, you must demand in writing that your landlord return your deposit. Send him a certified letter demanding the return of your deposit, and keep a copy of the letter for yourself. Make sure your letter states a good address where the landlord may send the deposit. Your landlord must return your deposit within 14 days after you request it.
If your landlord doesn’t send all of your deposit back, you have a right to know: a) exactly why the money is being held and b) receive an item by item list of what the money was spent on. If your landlord does not send you a letter explaining these things, you can sue him for the return of the deposit. Small claims court allows you to sue for the return of your deposit without a lawyer. Take a copy of your demand letter with you and the certified mail return receipt showing that the landlord picked up the letter.
How to make sure you will get your deposit back.
Leave the unit clean. Make sure you have witnesses who can say the place was clean when you left. Take pictures.
If there is damage to the unit when you move in, make sure the landlord knows it.
If anything happens to the unit while you are renting it, report it immediately to the landlord. Write a note or letter keep a copy for yourself. Be sure it is dated and be sure the landlord knows that it was not your fault.
© 2005 Rentbusters. All rights reserved.
A FEW EXTRA REMINDERS FOR TENANTS
If at all possible, get a written lease from the landlord instead of relying on a verbal agreement.
Insist on signing a move-in checklist to note any problems with the apartment/house, make sure the landlord signs it too, and keep a copy.
Always pay your rent on time even if your landlord does not charge late fees, and get a receipt for each payment.
Make any important communications with your landlord in writing, send it certified mail return receipt requested, and keep a copy for yourself.
Never stop paying your rent without the advice of an attorney.
Do not ignore papers given to you or sent to you by the court.
FOR THOSE WHO RESIDE IN TEXAS:
Please note the following from the Office of the State Attorney General
reprinted with permission
Texas Tenants Rights Office of the Attorney General Consumer Protection Brochures
Landlord-tenant disputes are common and can become very emotional. Knowing the legal rights and obligations described below will help you avoid these types of disputes.
The Lease The relationship between Texas landlords and their tenants is governed by several statutes and court rulings. However, the most important source of information about your relationship with your landlord is your rental agreement, whether it is written or oral. Some landlords prefer oral agreements, but it is more common for them to require your signature on a written lease.
Be sure to read the lease carefully before you sign it. If you want to change a part of the lease, discuss it with the landlord. If the landlord agrees, the two of you should decide how you want to word the change, and then write it into the agreement. Both you and the landlord should then initial the change. For example, many standard leases prohibit pets, but your landlord may be willing to accept a pet if you put down extra money as security.
Your Right to Peace & Quiet Your rights as a tenant include the right to "quiet enjoyment" as it is called in the law. This means the landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet.
If other tenants in your building are disturbing you, you should complain to the landlord. The landlord has a duty to see that you are protected from other tenant's wrongful behavior. Of course, you may not disturb other tenants, either.
Except under certain circumstances and subject to certain conditions, a landlord may not interrupt utilities to a tenant unless the interruption results from bona fide repairs, construction, or an emergency.
Your Right to Health & Safety You have a right to demand that the landlord repair any condition that materially affects your health and safety. Under Texas law, by renting you the property, the landlord guarantees that the unit will be a fit place to live. Under certain conditions, you and the landlord may have a written agreement that you will make needed repairs.
The landlord does not have a duty to pay for or make repairs if you or your guests cause an unsafe or unhealthy condition through negligence, carelessness, abuse or accident—unless the condition resulted from "normal wear and tear." Also, the landlord must provide smoke detectors. You may not waive that provision, and you may not disconnect or disable the smoke detector.
Your Right to Security Although there are some specific exceptions, under Texas law, a dwelling must be equipped with security devices such as window latches, keyed dead bolts on exterior doors, sliding door pin locks and sliding door handle latches or sliding door security bars, and door viewers. These devices must be installed at the landlord's expense. If such devices are missing or are defective, you have the right to request their installation or repair.
If You Have Problems If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to:
End the lease
Have the problem repaired and deduct the cost of the repair from the rent or
File suit to force the landlord to make the repairs.
You MUST Follow These Steps:
Send the landlord a letter, by certified mail, return receipt requested, outlining the needed repairs. Or you may deliver it personally. Be sure to keep a copy of the letter.
If the landlord does not respond within a reasonable time (a week or two), send another letter—in person or by certified mail. In this letter, you should let the landlord know whether you intend to end the lease, repair the problem and deduct the cost from the rent, or file suit if the repairs are not made.
If the landlord does not make the repairs within seven days after receiving the second letter, you should contact an attorney before taking the next step.
Under Texas law, it is illegal for a landlord to retaliate against you for complaining about necessary repairs. Of course, you can always be evicted if you fail to pay your rent on time, threaten the safety of the landlord or intentionally damage the property.
You do not have a right to withhold rent because the landlord fails to make repairs when the condition needing repair does not materially affect your health and safety. If you try this method, the landlord may file suit against you.
Recovering Your Deposit Most landlords require you to pay a security deposit to cover any repairs needed when you move out or to cover your failure to pay the last month's rent. By law, landlords cannot refuse to return the deposit without a valid reason.
Under Texas law, you must give the landlord a forwarding address and the landlord must return the deposit—less amount deducted for damages—within 30 days. If the landlord withholds part or all of your deposit, he or she must give you an itemized list of deductions with a description of the damages.
The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage. For example, if the carpet simply becomes more worn because you and your guests walked on it for a year, the landlord may not charge you for a new carpet. If your waterbed leaks and the carpet becomes mildewed as a result, you may be charged.
You should check your rental agreement to see if it requires you to give the landlord advance notice that you are moving. Many leases require 30 days notice as a condition of returning your deposit. If you give your landlord your new address in writing and you do not receive your deposit or an explanation within 30 days of your departure, contact the landlord.
© 2005 Rentbusters. All rights reserved.
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