Off Campus Housing FAQ
- How can landlords and tenants avoid disputes?
- We've talked about the problem and still don't agree. What should we do next?
- If mediation doesn't work, is there a last step before going to a lawyer?
- Why is it important to sign a lease or rental agreement?
- What's the difference between a rental agreement and a lease?
- What happens if a tenant breaks a long-term lease?
- When can a landlord legally break a lease and end a tenancy?
- What are the landlord's repair and maintenance responsibilities?
- What are a tenant's rights if the landlord refuses to maintain the property?
- What must tenants do to keep the rental property in good shape?
- Under what circumstances may a landlord enter rental property?
- Must landlords provide notice of entry?
How can landlords and tenants avoid disputes?
Legal disputes -- actual and potential -- come in all shapes and sizes for landlords and tenants. Whether it's a disagreement over a rent increase, responsibility for repairs or return of a security deposit, rarely should lawyers and litigation be the first choice for resolving a landlord-tenant dispute. Both landlords and tenants should follow these tips to avoid legal problems:
- Know your rights and responsibilities under federal, state and local law.
- Make sure the terms of your lease or rental agreement are clear and unambiguous.
- Keep communication open. If there's a problem -- for example, a disagreement about the landlord's right to enter a tenant's apartment -- see if you can resolve the issue by talking it over, without running to a lawyer.
- Keep copies of any correspondence and make notes of conversations about any problems. For example, a tenant should ask for repairs in writing and keep a copy of the letter. The landlord should keep a copy of the repair request and note when and how the problem was repaired.
We've talked about the problem and still don't agree. What should we do next?
If you can't work out an agreement on your own, but want to continue the rental relationship, consider mediation by a neutral, third party. Unlike a judge, the mediator has no power to impose a decision but will simply work to help find a mutually acceptable solution to the dispute. Mediation is often available at little or no cost from a publicly funded program. For information on local mediation programs, call your mayor's or city manager's office, and ask for the staff member who handles "landlord-tenant mediation matters" or "housing disputes." That person should refer you to the public office, business or community group that handles landlord-tenant mediations.
If mediation doesn't work, is there a last step before going to a lawyer?
If you decide not to mediate your dispute, or mediation fails, it's time to pursue other legal remedies. If the disagreement involves money, such as return of the security deposit, you can take the case to small claims court. A few states use different names for this type of court (such as "Landlord-Tenant Court"), but traditionally the purpose has been the same: to provide a speedy, inexpensive resolution of disputes that involve relatively small amounts of money. Keep in mind that your remedy in small claims court may be limited to an award of money damages. The maximum amount you can sue for varies from $3,000 to $7,500, depending on your state.
Why is it important to sign a lease or rental agreement?
The lease or rental agreement is the key document of the tenancy, setting out important issues such as: 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's fees if there is a lawsuit. Leases and rental agreements should always be in writing, even though most states allow them to be oral (spoken). While oral agreements may seem easy and informal, they often lead to disputes. If a tenant and landlord later disagree about key agreements, such as whether or not the tenant can sublet, the end result is all too likely to be a court argument over who said what to whom, when and in what context. This is particularly a problem with long-term leases, so courts in most states will not enforce oral agreements after the passage of one year.
What's the difference between a rental agreement and a lease?
The biggest difference is the period of occupancy. A written rental agreement provides for a tenancy of a short period (often 30 days). The tenancy is automatically renewed at the end of this period unless the tenant or landlord ends it by giving written notice, typically 30 days. For these month-to-month rentals (meaning the rent is paid monthly), the landlord can change the terms of the agreement with proper written notice, subject to any rent control laws. This notice is usually 30 days, but can be shorter in some states if the rent is paid weekly or bi-weekly, or if the landlord and tenant agree. A written lease, on the other hand, gives a tenant the right to occupy a rental unit for a set term -- most often for six months or a year but sometimes longer -- if the tenant pays the rent and complies with other lease provisions. Unlike a rental agreement, when a lease expires it does not usually automatically renew itself. A tenant who stays on with the landlord's consent will generally be considered a month-to-month tenant. In addition, with a fixed-term lease, the landlord cannot raise the rent or change other terms of the tenancy during the lease, unless the changes are specifically provided for in the lease, or the tenant agrees.
What happens if a tenant breaks a long-term lease?
As a general rule, a tenant may not legally break a lease unless the landlord significantly violates its terms -- for example, by failing to make necessary repairs, or by failing to comply with an important law concerning health or safety. A few states have laws that allow tenants to break a lease because of health problems or a job relocation that requires a permanent move. A tenant who breaks a lease without good cause will be responsible for the remainder of the rent due under the lease term. In most states, however, a landlord has a legal duty to try to find a new tenant as soon as possible -- no matter what the tenant's reason for leaving -- rather than charge the tenant for the total remaining rent due under the lease.
When can a landlord legally break a lease and end a tenancy?
A landlord may legally break a lease if a tenant significantly violates its terms or the law -- for example, by paying the rent late, keeping a dog in violation of a no-pets clause in the lease, substantially damaging the property or participating in illegal activities on or near the premises, such as selling drugs. A landlord must first send the tenant a notice stating that the tenancy has been terminated. State laws set out very detailed requirements as to how a landlord must write and deliver (serve) a termination notice. Depending on what the tenant has done wrong, the termination notice may state that the tenancy is over and warn the tenant that he or she must vacate the premises or face an eviction lawsuit. Or, the notice may give the tenant a few days to clean up his or her act -- for example, pay the rent or find a new home for the dog. If the tenant fixes the problem or leaves as directed, no one goes to court. If a tenant doesn't comply with the termination notice, the landlord can file a lawsuit to evict the tenant.
What are the landlord's repair and maintenance responsibilities?
Under most state and local laws, rental property owners must offer and maintain housing that satisfies basic habitability requirements, such as adequate weatherproofing, available heat, water and electricity, and clean, sanitary and structurally safe premises. Local building or housing codes typically set specific standards, such as the minimum requirements for light, ventilation and electrical wiring. Many cities require the installation of smoke detectors in residential units and specify security measures involving locks and keys. To find out more about state laws on repair and maintenance responsibilities, check your state's landlord-tenant statutes. Your local building or housing authority, and health or fire department, can provide information on local housing codes and penalties for violations.
What are a tenant's rights if the landlord refuses to maintain the property?
If a landlord doesn't meet his or her legal responsibilities, a tenant usually has several options, depending on the state. These options include: paying less rent withholding the entire rent until the problem is fixed making necessary repairs hiring someone to make necessary repairs and deducting the cost from the next month's rent calling the local building inspector, who can usually order the landlord to make repairs, or moving out, even in the middle of a lease. A tenant can also sue the landlord for a partial refund of past rent, and in some circumstances can sue for the discomfort, annoyance and emotional distress caused by the substandard conditions. Tenants should check state and local laws and understand remedies available before taking any action such as withholding rent.
What must tenants do to keep the rental property in good shape?
All tenants have the responsibility to keep their own living quarters clean and sanitary. And a landlord can usually delegate his repair and maintenance tasks to the tenant in exchange for a reduction in rent. If the tenant fails to do the job well, however, the landlord is not excused from his responsibility to maintain habitability. In addition, tenants must carefully use common areas and facilities, such as lobbies, garages and pools.
Under what circumstances may a landlord enter rental property?
Typically, a landlord has the right to enter rented premises in cases of emergency, in order to make needed repairs (in some states, just to determine whether repairs are necessary) or to show the property to prospective new tenants or purchasers. Several states allow landlords the right of entry during a tenant's extended absence (often defined as seven days or more) to maintain the property as necessary and to inspect for damage and needed repairs. In most cases, a landlord may not enter just to check up on the tenant and the rental property.
Must landlords provide notice of entry?
States typically require landlords to provide advance notice (usually 24 hours) before entering a rental unit. In most states, without advance notice, a landlord or manager may enter rented premises while a tenant is living there only in an emergency, such as a fire or serious water leak, or when the tenant gives permission.