Transcript No Slide Title

Landlord
Tenant Law
© 2006 Consumer Jungle
May 21, 2012
• Entry task: Do you think the teens from
“Baby Borrowers” were ready for children?
Why?
• Target: Identify rental agreement words.
May 19, 2014
• Entry Task: What do you know about
renting an apartment?
• Target :
– Identify your rights as a tenant.
Leadership Cards
• Due June 3rd!
• FINAL!
– June 3rd
• Whether you have many points or not.
© 2006 Consumer Jungle
What do you think?
• Your hot water tank begins to
leak. Your landlord tells you
he can’t fix it for 4 days and
turns off your water to prevent
further damage to the floor.
Answer
• Must do repairs within 24 hours
• Move out
• Hire someone to do repair and take $ off
rent
What do you think
• Your roommate’s friends show
up at 10 p.m. to PARTY!!!!
The neighbors call the landlord
about excessive noise and he
gives you notice to move out.
Answer
• 3 days notice to move
• IF police come: Noise
Violation for Disturbing the
Peace $250
What do you think?
• If I want to smoke dope
in my house, my landlord
has no right to interfere
Answer
• Washington has a law that allows
landlords to evict tenants for “drug related
activity”, which includes the use of any
illicit drug on the premises. If drugs are
being manufactured, stored, or sold on the
premises with the landlord’s knowledge,
the police may have the right to confiscate
and sell the house.
What do you think?
• Landlords should have the
right to check on their tenants
at any time, without giving
notice, in order to ensure the
tenants are following the rules
written in the lease.
Answer
• Washington law guarantees that
tenants are entitled to privacy and
that landlords may not enter the
leased property without giving a 2 day
notice, unless there is an emergency.
Only 1 days notice is necessary if the
landlord is showing the apartment to
a prospective tenant or purchaser
What do you think?
• John owns an apartment building
and shows an apartment to
Sophia. John decides not to rent
to Sophia after he learns that she
is an opera singer; because he
thinks she might disturb other
tenants. John has the right to
exclude Sophia just because she
is an opera singer.
Answer
• Since opera singers are
not a protected class
under any antidiscrimination laws, he
can.
What do you think?
• John then interviews Marilyn, a
very attractive blonde. He
refuses to rent to her because
he has heard that blondes
have a lot of wild parties. John
has a right to exclude Marilyn
because she is a blonde.
Answer
• Again, the anti-discrimination laws do not
prohibit discrimination against blondes.
The laws do, however, prohibit
discrimination on the basis of sex, so if
Marilyn can show that John would have
rented to a blonde man, she might have a
case.
What do you think?
• Finally, John interviews
William, who is infected with
the AIDS virus. John refuses
to rent to him because he has
AIDS. John has the right to
exclude William for this
reason.
Answer
• John is banned by both the
federal and state fair housing
laws from discriminating
against William because he
has AIDS. Those who have
AIDS or are HIV positive are
included under the definition of
disabled.
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
© 2006 Consumer Jungle
The Players
• 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.
© 2006 Consumer Jungle
Find out Average Rent
• Know average rent for
area
• Cost of Living
Calculator
– http://www.bankrate.co
m/brm/movecalc.asp
– Compare rent between
two cities
© 2006 Consumer Jungle
Know the Basics
• Length of the Lease
– Month-to-month
– 6 months
– 1 year
• Amount of Rent
• Amount of Security
deposit
© 2006 Consumer Jungle
Good-Tenant Criteria?
• Application Fee for
Screening
– Credit check &
bankruptcies
– Employment & Income
– Rental history &
evictions
– References
• Applies to each
tenant
• Non-refundable
© 2006 Consumer Jungle
Legal & Illegal Discrimination
• Legal
–
–
–
–
• Illegal
Poor credit history
Insufficient income
Bad references
Past behavior i.e.
destruction of property
– Tenants would exceed
valid occupancy policy
– 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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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!
© 2006 Consumer Jungle
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”
© 2006 Consumer Jungle
What do you think?
• Hi my name is Sallie I'm very interested in the place you have for
rent . I don't know if your looking for some one whit good credit I'll be
completely honest whit you I have no credit at all never dealed whit
credit befor always deal whit cash but I do work and have a good
rental history the reison why I'm leavening my current address is
because my land lord is saleing her home I been here for 3 1/2
years and I been working for also 3 1/2 years... My monthly salrey is
$3400 and I work for Jane company down in Tacoma wa... I'm just
looking for a nice place for me and my 1 year old son.. I would like to
come look at the place and if I like it I will love to move in but like I
said I have no credit just looking for someone that would take cash
and move in you could berrafey my landlord and my job and I do
have paystubs if you need to see it... So hope you can give me a
call in the morning any time if your interested of doing that I do have
cash to move in by tomarow or the next day so hope you can help
me out and god bless you
© 2006 Consumer Jungle
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.
© 2006 Consumer Jungle
Illegal Contract Provisions
– Giving up your right to
defend yourself in
court
– Limiting the landlord’s
liability for things
they’re normally
responsible for
© 2006 Consumer Jungle
Landlord’s Maintenance
Responsibilities
• Weatherproofing
• Available heat
• Water
• Electricity
• Clean, sanitary, &
structurally safe
• Smoke detectors
• Security-Locks & keys
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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?
© 2006 Consumer Jungle
Roommates & Rental Agreements
• Adding a Roommate to
the Lease or Rental
Agreement
– New lease
• More Roommates, More
Rent
– More wear & tear
• Security Deposit
Increases
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
More When You Can Be Evicted
• No cause
– Varies by state
– Twenty-day notice
required
– May not be
discriminatory
• If tenant refuses to
vacate, landlord can
obtain court order and
request sheriff to move
belongings.
© 2006 Consumer Jungle
Illegal Landlord Actions
• Even if you’re behind in
rent
– Lockouts
– Utility shutoffs
– Taking your property
(unless you abandon it)
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
When the Landlord Breaks the Lease
• Landlord can legally
break the lease if:
– Tenant pays rent late,
has a dog under a nopet 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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle
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
© 2006 Consumer Jungle