U.S. Legal Forms, Inc.
Multi-State
Landlord-Tenant Handbook
***
A general guide to the rights and obligations of landlords and tenants in the United States.
©2003 U.S. Legal Forms, Inc. All rights reserved.
This Guide was developed by U.S. Legal Forms, Inc. (USLF), is protected by copyright, and may not be reprinted,
distributed or displayed by any means without the express written consent of USLF.
TABLE OF CONTENTS
INTRODUCTION .......................................................................................................................... 1
DEFINITIONS................................................................................................................................ 2
I.
THE RENTAL OR LEASE AGREEMENT ......................................................................... 8
A. Before the Agreement ................................................................................................... 8
1.
For the tenant ....................................................................................................... 8
2.
For the landlord .................................................................................................... 9
B. Importance of a Written Agreement ............................................................................. 9
1.
The agreement should include at least the following......................................... 10
2.
Late charges ....................................................................................................... 10
3.
Resolving disputes ............................................................................................. 11
4.
Understanding the rental agreement .................................................................. 11
a.
What to watch out for................................................................................ 11
b.
Utilities...................................................................................................... 12
5.
Unsigned or undelivered agreements ................................................................. 12
C. What is a Lease? ......................................................................................................... 12
D. What is a Security Deposit? ........................................................................................ 13
E. Get a Written Inspection Report ................................................................................. 14
F. Living by the Landlord’s Rules .................................................................................. 14
G. If Circumstances Change ............................................................................................ 15
H. When is Discrimination Illegal? ................................................................................. 15
II. LIVING IN A RENTAL PROPERTY ................................................................................ 17
A. The Landlord’s Responsibilities ................................................................................. 17
B. Tenant Remedies......................................................................................................... 18
1.
Remedies for landlord’s noncompliance in general........................................... 18
2.
Remedies for landlord’s failure to supply essential services ............................. 19
3.
Housing codes.................................................................................................... 20
C. Tenant Responsibilities............................................................................................... 20
D. Landlord Remedies ..................................................................................................... 21
E. If the Landlord Needs To Get In................................................................................. 22
F. Alterations ................................................................................................................... 23
G. Locks ........................................................................................................................... 23
H. Occupants and Visitors ............................................................................................... 23
I.
Can the Landlord Raise the Rent?............................................................................... 24
J.
Fire or Casua lty Damage ............................................................................................. 24
K. Condemned Dwellings ................................................................................................ 25
L. Moving Prior To the End of a Lease........................................................................... 25
M. Subleasing ................................................................................................................... 26
III. ENDING THE TENANCY ................................................................................................. 27
A. The Importance of Giving Notice ............................................................................... 27
1.
How much notice is enough? ............................................................................. 27
2.
Don’t give notice lightly .................................................................................... 28
3.
How to properly deliver notice .......................................................................... 28
B. Cleaning Up and Clearing Out.................................................................................... 28
i
C.
D.
E.
F.
G.
H.
I.
J.
The Potential for Damages.......................................................................................... 29
Return of the Deposit .................................................................................................. 29
If the landlord keeps the deposit ................................................................................. 30
Termination of Tenancy.............................................................................................. 30
1.
Serving a notice to quit ...................................................................................... 30
2.
Termination for late rent .................................................................................... 32
3.
Termination for deliberate infliction of substantial damage to the premises..... 32
4.
Termination for illegal activity on the premises ................................................ 32
5.
Termination for failure to pay utility bills ......................................................... 32
6.
Termination for breach of duties........................................................................ 33
7.
Landlord’s termination of rental agreement by choice ...................................... 33
8.
Termination for absence or abandonment .......................................................... 33
a.
What qualifies as abandonment?............................................................... 34
b.
Abandoned belongings.............................................................................. 34
Problems Involving Foreclosure ................................................................................. 35
1.
Notice of Termination after a foreclosure.......................................................... 35
2.
Subsidized housing ............................................................................................ 36
Retaliation by the Landlord......................................................................................... 36
1.
Lockouts, utility shut-offs and threats ............................................................... 36
2.
When it’s NOT retaliation.................................................................................. 37
When the Tenant Won’t Move .................................................................................... 38
1.
How F.E.D. cases work...................................................................................... 38
Before You Come To Blows....................................................................................... 38
Conclusion .................................................................................................................. 39
APPENDIX
Property Condition Checklist – Sample #1
Property Condition Checklist – Sample #2
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INTRODUCTION
Dealing with unhappy tenants means trouble for a landlord, and few tenants want the
inconvenience and expense of moving simply because they cannot get along with their landlord.
When a landlord and tenant get along well, things are better for everyone. Yet, landlords and
tenants frequently have problems. Sometimes, landlords do not make repairs or unfairly keep
security deposits. Sometimes, tenants damage property or neglect to pay the rent. From the
beginning to the end of the landlord-tenant relationship, this handbook explains your broad
responsibilities as a landlord or tenant under residential landlord-tenant law as generally found
throughout the United States.
Landlord-tenant law typically covers rental of a residence, such as an apartment or house. It
does not necessarily apply to rooming houses, hotels or motels, temporary housing at a shelter or
supportive housing program, any type of commercial property, mobile homes, or government
subsidized housing.
This is a general handbook, containing guidelines that are probably applicable in most of the
United States in a similar form to that presented here. Many statements in this handbook are
prefaced or qualified by words suc h as, “In most states…” This qualification is true for every
statement made in this guide. The point is that the guidelines set out in this publication may not
be identical to the one in your state. In fact, it is possible that the procedure, law, or rule in your
state may differ markedly from what you read here. You should not rely on this handbook to
make legal decisions, but rather to alert yourself to the fact that there may be an issue and to give
you a starting place from which to discuss your problem with a local expert. THIS
HANDBOOK IS NOT A LEGAL DOCUMENT, and is not intended as a substitute for seeking
legal advice from an attorney or other qualified professional.
We hope this handbook raises your awareness of common landlord-tenant issues and that you
find it useful and informative. We begin with a short list of definitions for terms used throughout
this handbook. We then proceed to the three major sections that cover the landlord-tenant
relationship from beginning to end, including: The Re ntal Agreement, Living In A Rental
Property, and finally, Ending the Tenancy.
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DEFINITIONS
Several important terms are used in this handbook and are defined here for your convenience.
We will start with the two most troublesome and confusing terms. Do n’t worry, the going gets
much easier after this:
? “Rental Agreement” vs. “Lease”: A “rental agreement” can mean any agreement, written or
oral (spoken), between landlord and tenant. Sometimes, “rental agreement” means only an
oral agreement, which is usually for a periodic tenancy (a tenancy with no set ending date,
typically running from month to month until either the landlord or tenant chooses to end it.)
A “lease” (or “lease agreement”), on the other hand, almost always means a written
agreement between landlord and tenant. The “lease” is the written agreement itself, which
normally specifies the ending date of the rental agreement, when the tenant must move out if
the lease has not been extended, renewed, or transformed into a month-to-month tenancy by
operation of the terms of the agreement contained in the lease. Some state laws specify that
any rental agreement with a set ending date must be in writing, i.e. must be a “lease.”
There is often a distinction drawn between “renting” and “leasing” a dwelling unit.
“Renting” means first and foremost that the tenancy is periodic in nature. Secondly, the
agreement is probably oral (but may be written). Contrastingly, whenever the term “leasing”
is used, the tenant and landlord have a written agreement, which probably contains a set
ending date.
This all makes sense if you read and think about it carefully. Fortunately, it is not vital to
your happiness (at least, not if you are a tenant- most landlords are advised to know the
difference!) that you remember or even thoroughly comprehend the difference between the
two terms. We have simply explained the difference so that when, in your continued reading,
you ask yourself the question, “Why do they say ‘rental agreement’ here, and ‘lease’ there?”
you will know there is a technical reason for the distinction.
Happily, the rest of the definitions are not nearly as challenging. Let this knowledge sustain
you as you continue your reading!
?
Abandon/Abandonment: The tenant’s remedy of moving out of a rental unit that is
uninhabitable and that the landlord has not repaired within a reasonable time after receiving
notice of the defects from the tenant.
? Appeal: A request to a higher court to review a lower court’s decision in a lawsuit.
? Arbitration: Using a neutral third person to resolve a dispute instead of going to court. It is
possible that arbitration may be a term of your lease. Unless the parties have agreed
otherwise, the parties must follow the arbitrator’s decision.
? Arbitrator: A neutral third person, agreed to by the parties to a dispute, who hears and
decides the dispute. An arbitrator is not a judge, but the parties must follow the arbitrator’s
decision (the decision is said to be “binding” on the parties). Mediation (see the definition,
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further down) is non-binding arbitration for the sake of trying to come to a reasonable
agreement prior to going to court. In normal usage, arbitration is binding, while mediation is
not.
? Assign/Assignment: An agreement between the original tenant and a new tenant by which
the new tenant takes over the lease of a rental unit and becomes responsible to the landlord
for everything that the original tenant was responsible for. The original tenant is still
responsible to the landlord if the new tenant doesn’t live up to the lease obligations.
(Compare to sublease.) Legal definitions of assignment and associated rules vary from state
to state.
? Damages: Money claimed by, or ordered to be paid to, a person as compensation for loss or
injury. It may mean the amount claimed by the landlord from the tenant’s security deposit
based on the damages the landlord has incurred by reason of the tenant’s failure to comply
with the obligations imposed under the lease and/or landlord-tenant law. Or it may mean the
monetary compensation that a person wins in a lawsuit, such as the value of lost rent or the
cost of repairing property damage to a landlord, or the value of housing or utility services not
provided to a tenant.
? Default: A tenant’s failure to do something that the agreement or law requires the tenant to
do, for example, the tenant’s failure to pay rent when due. A tenant who fails to pay all of
the rent that is due is in default of this obligation.
? Default Judgment: A judgment issued by the court, without a hearing, after the tenant has
failed to file a response to the landlord’s complaint.
?
Discrimination in renting: Discrimination in renting includes but is not limited to the
following practices: denying a person housing, telling a person that housing is not available
when the housing is actually available at that time, providing housing under inferior terms,
harassing a person in connection with housing accommodations, providing segregated
housing because of a person’s race, color, religion, sex, sexual orientation, national origin,
ancestry, source of income, age, disability, marital status, or whether there are children under
the age of 18 in the person’s household. Discrimination also can be a refusal to make
reasonable accommodation for a person with a disability. Some of the above- listed
categories of discrimination may or may not be applicable in various states, and landlords
that live on the premises of very small apartment buildings may be exempt from
discrimination rules. Check your local laws or call your local housing authority or attorney
general for more information.
? Dwelling Unit, Property or Premises: The place that is rented or leased.
? Escrow account: A bank account into which a tenant deposits withheld rent, to be withdrawn
only when the landlord has corrected uninhabitable conditions in the rental unit or whe n the
tenant is ordered by a court to pay withheld rent to the landlord.
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? Eviction: A court-administered proceeding for removing a tenant from a rental unit because
the tenant has violated the rental or lease agreement or did not comply with a notice ending
the tenancy (sometimes called an “unlawful detainer” or “ejectment” lawsuit- terminology
varies from state to state).
? Eviction Notice: A notice that the landlord serves on the tenant when the tenant has violated
the lease or rental agreement. The notice usually instructs the tenant to either leave the rental
unit or comply with the lease or rental agreement (for example, by paying past-due rent)
within a stated time period. The length of the required time period is often mandated by state
law.
? Guest/Visitor: A person who does not have the rights of a tenant, due to his/her presence not
being contemplated by the rental or lease agreement. A guest whose permission to be on the
property is revoked becomes a trespasser if they refuse to leave.
? Habitable: A rental unit that is fit for human beings to live in. A rental unit that substantially
complies with building and safety code standards that materially affect tenants’ health and
safety is said to be “habitable.” See, uninhabitable and implied warranty of habitability.
? Holding Deposit: A deposit that a tenant gives to a landlord to hold a rental unit until the
tenant pays the first month’s rent and the security deposit.
? Implied Warranty of Habitability: A legal rule that requires landlords to maintain their
rental units in a condition fit for human beings to live in. In addition, a rental unit must
substantially comply with building and housing code standards that materially affect tenants’
health and safety.
? Landlord: The property owner or his agent, which could include either a licensed property
manager or a resident manager. The landlord rents the dwelling unit to another person, the
tenant.
? Legal Aid Organizations: Organizations that provide free legal advice, representation, and
other legal services in non-criminal cases to economically disadvantaged persons.
? Lockout: When a landlord locks a tenant out of the rental unit with the intent of terminating
the tenancy. Lockouts, and other “self- help” eviction remedies, are illegal in most states.
? Mediation: A process in which a neutral third person meets with the parties to a dispute in
order to assist them in formulating a voluntary solution to the dispute. Mediation is nonbinding. The goal of mediation is to reach a fair decision upon which both parties can agree.
However, no party is obligated to reach agreement.
? Negligence: In layman’s terms, a person’s carelessness (that is, failure to use ordinary or
reasonable care) that results in injury to another person or damage to another person’s
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property. Negligence is a legal term with legal implications that may vary to some extent
from state to state.
? Novation: Again, in layman’s terms, in an assignment situation, a novation is an agreement
by the landlord, the original tenant, and the new tenant that makes the new tenant, rather than
the original tenant, solely responsible to the landlord. Novation is a legal term with legal
implications that may vary to some extent from state to state.
? Periodic Rental Agreement: An oral or written rental agreement (a written version will often
be called a periodic lease) that states the length of time between rent payments -- for
example, a week or a month -- but not the total number of weeks or months that the
agreement will be in effect.
? Property Manager: An individual who works on behalf of the property owner to rent,
manage and safeguard a property.
? Rent: Whether you’re renting or leasing, you have to pay the rent. “The rent” is the money
the tenant pays the landlord on a monthly, weekly, or other periodic basis. In return, the
landlord allows the tenant the use and possession of the dwelling unit and property,
according to the terms of the rental agreement.
? Rent Control Ordinances: Laws in some communities that limit or prohibit rent increases or
limit the circumstances in which a tenant can be evicted. Where these ordinances exist, they
vary widely in content.
? Rent Withholding: The tenant’s remedy of not paying some or all of the rent if the landlord
does not correct defects that make the rental unit uninhabitable within a reasonable time after
the landlord receives notice of the defects from the tenant. Often available under state law.
Conditions vary.
? Rental Application Form: A form that a landlord may ask a tenant to fill out prior to renting
that requests information about the tenant, such as the tenant’s address, telephone number,
employment history, credit references, and the like.
? Rental Period: The “rental period” is the length of time between required rental payments. If
you must pay rent every month, the “rental period” is one month. If you must pay rent every
week, the “rental period” is one week.
? Renters Insurance: Insurance protecting the tenant against property losses, such as losses
from theft or fire. This insurance may also protect the tenant against liability for claims or
lawsuits filed by the landlord or by others alleging that the tenant negligently injured another
person or property. The terms of Renters Insurance policies vary so be sure to learn the
details. Policies protecting against liability will be more expensive than those that only
protect a tenant’s property.
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? “Repair and Deduct” Remedy: Generally, the tenant’s remedy of deducting from future
rent the amount necessary to repair defects covered by the implied warranty of habitability.
Not available in all states, or under all circumstances.
? Resident Manager: An individual who resides on the property and manages it on behalf of
the property owner or the licensed property manager.
? Retaliatory Eviction or Action: An act by a landlord, such as raising a tenant’s rent, seeking
to evict a tenant, or otherwise punishing a tenant because the tenant has asserted certain
rights/remedies or contacted authorities to report violations of law by the landlord.
? Security Deposit: Payment to a landlord or property manager by a tenant to ensure that the
tenant will pay the rent due and will maintain the property and will not damage it. Security
deposits are held in trust by the owner or manager until the tenant moves out and are then
returned or applied to pay for damages and/or delinquent rent with an accounting to the
tenant.
? Sublease: A separate rental agreement between the original tenant and a new tenant to whom
the original tenant rents all or part of the rental unit. The new tenant is called a “subtenant.”
The agreement between the original tenant and the landlord remains in force, and the original
tenant continues to be responsible for paying the rent to the landlord and for other tenant
obligations. (Compare to assignment.) Leases will often contain provisions disallowing
subleases except under certain situations. State law regarding subleases varies from state to
state.
? Subpoena: An order from the court that requires the recipient to appear as a witness or
provide evidence in a court proceeding.
? Subtenant: See sublease.
? Tenancy: The tenant’s exclusive right, created by a rental agreement between the landlord
and the tenant, to use and possess the landlord’s rental unit.
? Tenant: Any of the people who rent the dwelling. The tenant obtains the right to the
exclusive use and possession of the rental unit during the lease or rental period.
? Uninhabitable: A rental unit which has such serious problems or defects that the tenant’s
health or safety is affected. A rental unit may be uninhabitable if it is not fit for human
beings to live in, or if it fails to substantially comply with building and safety code standards
that materially affect tenants’ health and safety. (Compare to habitable.)
? Unlawful Detainer Lawsuit / Forcible Entry and Detainer Lawsuit: A lawsuit that a
landlord must file and win before he or she can evict a tenant (known more simply as an
“eviction” lawsuit). The specific terminology varies from state to state.
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? U.S. Department of Housing and Urban Development: The federal agency that enforces
the federal fair housing law, which prohibits discrimination based on sex, race, religion,
national or ethnic origin, familial status, or mental handicap.
? Waive: To sign a written document (a “waiver”) giving up a right, claim, privilege, etc. In
order for a waiver to be effective, the person giving the waiver must do so knowingly, and
must know the right, claim, privilege, etc., that he or she is giving up. “Waive” is a legal
term with legal implications defined by state law.
?
Writ of possession (or similar document): A document issued by the court after the
landlord wins an unlawful detainer or eviction lawsuit. The writ of possession is served on
the tenant by the sheriff or other law enforcement personnel. The writ informs the tenant that
the tenant must leave the rental unit by the end of a given time period, or the sheriff will
forcibly remove the tenant. Terminology and participating law enforcement officials vary
from state to state.
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I. THE RENTAL OR LEASE AGREEMENT
A. Before the Agreement:
There are several steps that both landlords and tenants can take prior to the lease or rental
agreement. These steps can be an important part of ensuring that the landlord-tenant
relationship will be free from problems.
1. For the tenant:
Depending on how much time a potential tenant has available to look into potential
new dwellings, many problems can be avoided if one investigates a few matters
before agreeing to rent, putting down a deposit, or signing a lease. Look over the
outside of the building. Are the stairs, outside walls, roof, sidewalks, and grounds
around it in good shape? Do the buildings need to be painted? Do the apartments
have enough parking spaces? If there is a laundry room for all of the residents, look it
over. Inspect the swimming pool. These and similar observations are the most
important things to do to avoid hassles with a rental house or apartment and to start
off on the right foot.
Find out what the neighbors are like and what they say about the landlord. Ask
whether they ever had something that needed to be repaired by the landlord. Was it
fixed quickly? Have they ever had any disputes with the landlord? Do they have
roaches? Has anyone in the area had any problem with vandalism, burglaries, rape,
muggings, or other crimes? What is the area like at night? Are the grounds well lit?
Never sign a lease or even put a deposit down on an apartment or house until seeing
the exact place you will be renting. Some apartment complexes will show a model
apartment. Often, the apartment a tenant actually gets will not be as nice as the
model. When inspecting the potential rental property, look it over carefully. Make
sure the place does not smell bad. This could signal mildew caused by roof or
plumbing leaks. Make sure the stove works. Check the refrigerator. Turn on the
dishwasher. Check the garbage disposal. Turn on the water faucets and make sure
the hot water works. Flush the toilet. Test the heating and air conditioning units.
Open all of the cabinets and drawers in the kitchen and bathroom. Look for signs of
insects or rodents. Look carefully at the carpet. Check around the windows. Are
there any signs of leaks or water damage? Does the house or apartment have working
smoke detectors? Test all of the lights.
Carry a pen and paper. Make a list of anything that is damaged or that needs repair.
Take a copy of this list to the landlord and ask to have all the items repaired. Be sure
to keep a copy of this list. If the landlord promises to fix the items, get the promise in
writing (or better yet, refuse to sign the lease or give a deposit until the items are
satisfactorily repaired). Finally, it is wise to check out the landlord before agreeing to
rent or put down a deposit. If the city has a tenant association, better business bureau,
or consumer protection agency, call and find out if other people have complained
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about the landlord, complex, or management company. Ask if the landlord owns any
other rental properties. If so, che ck into those too.
2. For the landlord:
Assuming the landlord maintains a sound, problem- free rental property, the most
important thing a landlord can do prior to renting is to avoid renting to a “problem
tenant.” A problem tenant is a tenant who damages property, doesn’t pay rent on
time (or at all), causes disturbances, conducts criminal activity on the premises, etc.
The best way to avoid unwittingly renting to a problem tenant is to check the tenant’s
background as thoroughly as possible before agreeing to rent.
While a landlord may not illegally discriminate against tenants (see Section H,
below), a landlord may base a decision to refuse to rent to a potential tenant based on
the tenant’s history of being a problem tenant. It is common for landlords to ask
potential tenants to fill out rental applications, listing previous places where the
applicant has rented. The landlord can then phone these previous landlords to ask
about the tenant and the circumstances under which the tenant left. This can be
important information when trying to determine what type of tenant the applicant will
be.
Information on the applicant’s finances and employment situation can also be
gathered by use of a rental application. A landlord might think better of renting to a
tenant who is on such shaky financial ground that the tenant’s ability to pay rent in a
timely manner is questionable. A consent form for the applicant to sign is a usual
part of any rental application. The consent agreement represents the applicant’s
permission for the landlord to conduct credit and background checks, if desired.
Some sources will only give the landlord information on the applicant if they are
provided with a copy of the consent agreement.
U.S. Legal Forms offers a comprehensive and affordable “Application for Residential
Lease” form for preview and purchase on our website, www.uslegalforms.com. After
opening our site in your web browser, use the “Quick Search” feature to locate the
form. Enter the search term “Residential Lease” or “Lease Agreement” and change
the pull-down menu on the right from Titles to Category, then press the Search
button. The search engine will retrieve a variety of lease forms from various states.
You will be able to browse the forms and select the form(s) that suits your needs. If
you have any trouble navigating our website, our staff will be happy to help locate the
form you need if you call (toll free) 1-877-389-0141.
B. Importance of a Written Agreement:
Before a tenant moves in, the landlord and tenant must come to an agreement. It may be
verbal or written, but written is best. Without written proof, even two honest people can
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later disagree on what was actually said. The written agreement is usually called a
“Rental Agreement,” a “Tenant Agreement,” or “Lease.”
1. The agreement should include at least the following:
? The name and address of the person authorized to manage the premises, the name
and address of an owner of the premises, or a person authorized to act as an agent of
the owner, for the purpose of service of process and receiving notices and demands
from the tenant or the owner’s agent
? The name and address of the tenant(s).
? How many tenants and pets are to occupy the unit.
? Who holds the deposit and reasons the deposit or a portion of it may be retained by
the landlord.
? The amount to be paid for rent and deposits.
? When, where, and how the rent is to be paid.
? When the rent is considered delinquent and what the penalty will be for late
payment.
? Whether this is a month-to- month tenancy or a lease with a definite contract
period.
? Who pays for utilities and what services are provided.
? A list of prohibited equipment and/or items.
? A list of landlord and tenant repair and maintenance duties and who pays for them.
? Rules or prohibitions regarding subleasing the property or assignment of the lease.
? A premises condition statement and contents inventory.
? Disclosure of lead-based paint as applicable for units built prior to 1978 (as
required by the federal Environmental Protection Act).
? Any renewal or termination options.
? Any additional rules, covenants and regulations in place.
2. Late charges:
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The lease agreement should always specify what late charges may be assessed for
past-due rent. State law sometimes governs what late fee may be assessed, and any
amount in the lease agreement greater than that allowed by law will not be
enforceable in court. If state law does not address the amount of late fees, the amount
charged must still be reasonable. A court is unlikely to enforce an amount that seems
unreasonable.
3. Resolving disputes:
A landlord and tenant might agree to mediation or binding arbitration to resolve
disputes between them (as an alternative to going to court). If both parties want to
mediate or arbitrate disputes, they should include in the rental agreement (or in an
addendum to it) specific details of the types of disputes to be resolved in this way and
the procedures to be followed.
4. Unde rstanding the rental agreement:
Rental agreements are normally prepared by the landlord or by the landlord’s agent. It
is very important that tenants make sure they understand all the terms of the
agreement. Tenants should ask for an explanation of any section they do not
understand, before signing the agreement.
a. What to watch out for:
If rental agreements include provisions that are contrary to law, those provisions
will not be enforceable in court. Possible examples of such provisions typically
might:
? Require the tenant or the landlord to waive any legal rights under state law.
? Permit the landlord to get an “automatic” court judgment against the tenant (a
“confession of judgment”).
? Require the tenant to agree to pay the landlord’s attorney fees, no matter what
the circumstances.
? Limit the liability of landlords or tenants when either has failed to meet their
responsibilities.
? Make the tenant liable for rent even if the landlord fails to maintain the
premises as required by law .
? Allow the landlord to take the tenant’s personal belongings.
? Allow the landlord come into the dwelling whenever he or she wants.
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? Release of the landlord from liability for accidents due to his or her neglect.
? Remove the tenant’s right to the return of the deposit.
? Grant of a power of attorney to the landlord by the tenant.
The above examples are a general guide, though they may not all hold true in
every state or in every situation. State law often addresses what provisions are
and are not allowable in a rental agreement.
To remove illegal wording, draw a line in ink through any such provision. You
should of course discuss your objection with the landlord or landlord’s agent prior
to marking up the lease, in order to reach agreement and avoid confrontation.
Both the landlord and tenant should initial the agreement next to each item that
has been removed. Illegal provisions in an agreement are not enforceable against
the tenant, even if both parties sign.
b. Utilities:
The rental agreement should state who is responsible for paying which utility
bills. In some cases, the landlord pays for heat, electricity and water. Sometimes
the tenant is responsible for these bills. If this issue is not addressed in the
agreement, the tenant and landlord should work out their own understanding. It is
good to put this agreement in writing and have it signed by both parties.
In some states, landlords are permitted to rent residential buildings with a single
utility meter, if they comply with all the conditions in the law. The landlord must
normally provide prospective tenants with a notice of the total utility cost for the
building by month for the most recent calendar year. The landlord must have a
fair and equitable method for dividing the utility bill and billing the tenants. The
method for apportioning the bill and billing tenants should be put in writing in the
lease.
5. Unsigned or undelivered agreements:
Once the agreement has been carefully reviewed, both parties should sign it. The
landlord must give the tenant a copy. If the landlord and the tenant agree to a rental
agreement, and the landlord signs and delivers the agreement to the tenant but the
tenant doesn’t sign it, the legal provisions of the agreement are nonetheless binding if
the tenant moves in and begins paying rent. Likewise, if the tenant signs and delivers
the agreement to the landlord but the landlord doesn’t sign it, the rental agreement is
binding if the landlord accepts payment of rent without reservation from the tenant.
C. What is a Lease?
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A lease is a rental agreement that specifies how long the tenant will stay in the property.
If landlord and tenant agree to a lease, the landlord cannot raise the rent or evict the
tenant during the period of the lease, unless the tenant breaks the terms of the lease or the
lease agreement provides for the increases. If the tenant decides to move during the term
of the lease, the tenant is usually still responsible for the rent for the rest of the lease
period (unless the lease provides otherwise or allows subleasing). There may be times,
however, when the tenant may quit the lease and not be responsible for the rent for the
remainder of the lease. See section II. “Living in a Rental Property,” below.
U.S. Legal Forms offers a comprehensive, affordable, and state specific “Residential
Lease (Rental) Agreement” form for preview and purchase on our website,
www.uslegalforms.com. We have crafted a Residential Lease for each state that takes
into account each state’s differing landlord-tenant laws. After opening our site in your
web browser, use the “Quick Search” feature to locate the form. When entering the
search term, type in “Residential Lease” or “Lease Agreement”. Next, select the state
you wish search from the pull-down menu. Change the pull-down menu on the right from
Titles to Category, then press the Search button. The search engine will display a
variety of lease agreement forms for the state you selected. If you have any trouble
navigating our website, our staff will be happy to help locate the form you need if you
call (toll free) 1-877-389-0141.
D. What is a Security Deposit?
Many landlords demand a security deposit before a tenant moves in. This deposit
protects the landlord from financial loss if the tenant fails to pay the rent, causes damage
to the property, or does not clean up properly when he leaves. State law often places a
cap on the maximum amount of security deposit allowed and how and when a security
deposit must be returned. See section III. D., “Return of the Deposit,” below.
Sometimes a landlord asks for a nonrefundable application fee to place a prospective
tenant on a waiting list for an apartment. If an application fee covers the landlord’s
actual, reasonable costs for services performed, such as checking the applicant’s credit
history, it is probably lawful. However, it is not lawful to charge a fee that becomes the
security deposit if the tenant moves in but is forfeited if the tenant decides not to take the
unit. At most, such a tenant would be responsible for rent during the time it takes the
landlord to find a replacement tenant and for the actual costs of finding one, such as
newspaper ads.
Where are deposits kept?
Though state law varies, deposits and prepaid rent often must be deposited by the
landlord or the property manager in a trust account, a bank or savings and loan
association, or with a licensed escrow agent. A trust account can be any separate savings
or checking account labeled “trust account” and used only for deposits and prepaid rents.
A receipt should be written whenever the tenant pays a deposit or prepays rent.
Landlords are usually required to provide tenants with the terms and conditions under
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which prepaid rents or deposits might be withheld by the landlord. In some states, the
landlord is required to pay the tenant interest for holding the security deposit.
E. Get a Written Inspection Report
An inspection report describes the condition of the property when the tenant moves in. It
generally has two parts:
(1) A “premises condition statement” describing the condition of the unit, and
(2) A “contents inventory” itemizing any furnishings and describing their condition.
The inspection report is not ordinarily required by law, but if a landlord or tenant requests
it, one should be prepared. Many landlords and tenants find that an inspection report
helps to protect their interests. Tenants, for example, can use it to prove that they were
not responsible for damages that existed before they moved in. Landlords can also use it
to establish when damage occurred. To complete the inspection report, the landlord and
the tenant should go through the premises together, writing down any damages, such as
scratches or burns. Both should sign and date the report and attach a copy to the rental
agreement. The landlord can require that the tenant sign the report as a condition of
renting the property. Before requiring the tenant’s signature on an inspection report,
however, the landlord should advise the tenant that the signed report can later be used by
the landlord to determine whether or not to refund any deposits and to compute the
recovery of other damages to which the parties may be entitled. The landlord and tenant
should then make another list showing which damages the landlord has agreed to repair
or change and the date that the work should be completed. A common time limit is ten
days. The list should be signed and dated by the landlord before the tenant moves in,
then signed and dated by the tenant when the work has been completed. Again, everyone
should keep a copy.
If a landlord refuses to make an inspection report, it is a good time to consider looking for
another landlord. Finding another place to live before a conflict arises is much easier
than trying to settle disagreements over money and damages when the tenancy ends.
F. Living by the Landlord’s Rules:
Nearly every landlord has rules that tenants must live by. The law often requires that the
landlord show the tenant the rules and regulations before the tenant enters into the rental
agreement and that a copy of the rules be prominently posted on the premises where it
can be seen by everyone living there. House rules or apartment regulations may be
printed on the lease form or displayed. Before you sign the lease, ask for a copy of any
rules. If the rules have not been written down, ask the landlord to write them down and
to sign and date the document. Having written rules will make it much less likely that the
landlord will change the rules in the middle of your lease. These rules should include
homeowner association or community association rules or covenants. Tenants should
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read the rules carefully, and if they believe that they cannot live by the landlord’s rules,
they should not rent the unit. The rules must be reasonable, must apply to all tenants
equally, and must be clearly defined. The landlord cannot make rules that allow him to
avoid his obligations. Once the tenant has seen the rules and moved in, the tenant has
agreed to abide by those rules. Failure to do so could lead to eviction.
If the tenant has a lease, the rules may not be changed during the term of the lease, if the
changes would substantially modify the lease agreement. For example, the landlord
cannot decide during the term of a lease that he will no longer allow pets on the premises.
If the tenancy is month-to- month, the landlord may make such changes, but usually only
after giving the tenant written notice at least 30 days before the rental due date when the
rule changes will take effect. Tenants who do not wish to accept the rule changes may
give a written notice before the rental due date and move out. The exact time periods
required in these notices vary from state to state.
G. If Circumstances Change
Once the tenant and the landlord make a rental agreement, the tenant may not have the
right to get back the full deposit or prepaid rent if he or she decides not to move in. If the
tenant refuses to move in because the landlord misrepresented the condition of the unit,
the tenant may owe nothing, and may be entitled to a full refund of the deposit and
prepaid rent. If the premises are not ready on the first day of the rental term per the rental
agreement or the landlord refuses to allow the tenants to move in, the tenants may cancel
the agreement, or they may ask a court to order the landlord to live up to the agreement.
H. When is Discrimination Illegal?
It is illegal under both state and federal law for landlords to refuse to rent to someone
because of sex, race, religion, national origin, color, physical or mental disability, or
pregnancy. A landlord may not even make an inquiry regarding the tenant’s status in any
of these areas. It is also illegal under the law of most states to refuse to rent to someone
because of marital status or change in marital status. It is a violation of federal law to
refuse to rent on the basis of a disabling disease which is not readily communicable, such
as cancer or AIDS, or because a tenant has child ren. Federal fair housing laws may not
apply to single-family homes or two-, three- or four- family structures where the owner
occupies one unit. Most state’s laws, however, typically apply to all residential rental
units.
Each landlord may choose whether he or she wishes to rent to smokers. Neither state nor
federal law makes smokers a protected class. It is unlikely that a landlord will openly
refuse to rent to someone for an illegal reason. Frequently, a tenant may suspect there is
an illegal reason behind some seemingly legal landlord practices. The following are
some indications that a landlord may be practicing discrimination:
? The apartment the tenant called about is suddenly “already taken” when the landlord
sees the tenant.
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? A unit the landlord said was rented remains vacant.
? The rent or deposit quoted is much higher than advertised or charged for similar units.
? Rules are different for one tenant than for others in the same apartment building.
? A real estate broker or agent does not refer a tenant to a rental listing that fits his
needs.
? An advertisement indicates a preference for a certain race, color, religion, sex, age, or
national origin.
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II. LIVING IN A RENTAL PROPERTY
A. The Landlord’s Responsibilities:
State law typically requires that the landlord or his agent must:
? Give the tenant a copy of any written rental agreement.
? Abide by the lawful terms of the agreement.
? Keep the tenant informed of any change in the landlord’s or his agent’s address.
? Make sure the premises are ready for the tenant when the rental agreement takes
effect.
? Ensure that the tenant’s enjoyment of the premises is not disturbed.
? Maintain a fit premises (see next section titled “Property Maintenance”).
? Give adequate notice of a rent increase.
? Give the required notice before demanding that a tenant move out.
? Return the tenant’s security deposit and/or prepaid rent when the tenant moves out
and/or give a complete written accounting of money held for accrued rent, damages and
the cost of repair within the time limit required by law.
Typical duties of the landlord under the law of many states include:
? Make all repairs and do whatever is necessary to put and keep the premises in a fit and
habitable condition.
? Keep all common areas of the premises in a clean and safe condition.
? Maintain in good and safe working order and condition all electrical, plumbing,
sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and
appliances, including elevators, supplied or required to be supplied by the landlord.
? Provide and maintain appropriate receptacles and conveniences for the removal of
garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and
arrange for their removal.
? Supply running water and reasonable amounts of hot water and heat at all times.
? Provide and maintain locks and furnish keys reasonably adequate to ensure safety to
the tenant’s person and property.
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? Provide smoke detection devices.
Examples of typical property maintenance duties which may fall under a state’s statutory
provisions include the landlord’s duty to maintain:
? Doors, windows, roof, floors, walls and ceilings, ensuring that they do not leak or
have holes.
? Plumbing that works, does not leak, and provides hot and cold water at reasonable
water pressure.
? A working, safe stove and oven.
? A reliable heating system which provides adequate heat to all rooms.
? A safe electrical wiring system (with no loose or exposed wires, sockets that do not
spark and adequate circuit breakers).
? Windows or fans that provide fresh air.
? Enough garbage cans or dumpsters to provide an adequate and safe trash removal
service.
? Extermination service if roaches, rats, mice or other pests infest the building,
apartment or property.
? Proper maintenance of any vacuum cleaners, washing machines, dishwashers, etc.,
supplied by the landlord (when not abused or broken by the tenant).
? Properly working smoke detectors (tenant is normally responsible for upkeep of the
batteries).
B. Tenant Remedies:
If the landlord does not meet his or her responsibilities, then state law typically provides
remedies for the tenant. The remedies available usually depend on the type of
noncompliance by the landlord.
1. Remedies for landlord’s noncompliance in general
? The tenant may move out. If there is material noncompliance by the landlord with
the rental agreement or a noncompliance with state law which materially affect health
and safety, state law may allow the tenant to move. The tenant must normally first
give the landlord written notice describing the problem and stating that if the problem
is not fixed in a number of days from receipt of the notice, the tenant will move out.
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If the problem is remedied within the deadline, the tenancy does not terminate. If the
tenant still wants to move, a normal notice must be given.
If the tenant notifies the landlord in writing of a problem and the landlord remedies it
within the time allowed, but allows substantially the same problem to occur again
within the near future (state laws vary), the tenant may sometimes terminate the
agreement with a written notice without allowing the landlord an opportunity to fix
the problem. The notice must specify the problem and the date of termination of the
tenancy.
If the rental agreement is terminated, the landlord must usually return all prepaid rent
or security deposits recoverable by the tenant. Tenants may not terminate a rental
agreement for problems they themselves have caused.
? The tenant may obtain damages or injunctive relief. State law may allow a tenant
to sue in court for damages or obtain injunctive relief for any noncompliance by the
landlord with the rental agreement or for certain violations of the lease and/or state
law. If planning to sue, the tenant should see an attorney.
2. Remedies for landlord’s failure to supply essential services
If the landlord deliberately or negligently fails to supply an essential service such as
heat, water, sewer, electricity or plumbing, state law may allow the tenant to employ
additional alternative remedies. Prior to utilizing one of these remedies, a tenant must
give the landlord a written notice stating the problem and the remedy the tenant plans
to take. Remedies representative of the law in many states include the following.
You should consult a local attorney prior to taking any measure hostile to the
landlord.
? The tenant may make repairs and deduct the cost from rent. Once written notice is
given to the landlord stating that the tenant plans to do so, the tenant may get the
problem fixed and deduct the actual and reasonable expenses from the next month’s
rent. The tenant should retain receipts for all costs and submit them to the landlord
for rent credit.
? The tenant may procure reasonable substitute housing. The tenant can give the
landlord written notice that he or she is moving into reasonable substitute housing.
The tenant is then excused from paying rent until the problem is cured. If the tenant
has to pay more than his or her regular rent to secure housing during this time, the
tenant can charge the landlord for the difference.
? The tenant may obtain damages. In some cases, when the problem is really
serious, it may reduce the value of the dwelling. If this happens, the tenant may sue,
or in an action by the landlord for possession or rent, the tenant may counterclaim to
recover damages against the landlord based on the diminution in the fair rental value
of the dwelling.
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3. Housing codes
The primary purpose of housing codes is to protect the health and safety of the people
who live in houses and apartments. A minimum standard of maintenance is set,
making the landlord (not the tenant) responsible for keeping rental property in decent
shape. State law usually (call a lawyer if in doubt) protects tenants who exercise their
rights to report code violations. If they call to complain and ask for an inspection, the
landlord cannot take revenge by harassing them (i.e. threatening eviction). Many
communities have local housing codes.
C. Tenant Responsibilities
State law typically requires that tenants:
? Shall keep that part of the premises occupied and used by the tenant as clean and safe
as the condition of the premises permits.
? Shall dispose of all ashes, rubbish, garbage, and other waste from the dwelling unit in
a clean and safe manner.
? Shall keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as
their condition permits.
? Shall use in a reasonable manner all electrical, plumbing, sanitary, heating,
ventilating, air conditioning, kitchen, and other facilities and appliances including
elevators in the premises.
? May not deliberately or negligently destroy, deface, damage, impair, or remove a part
of the premises or knowingly permit any person to do so.
? May not unreasonably disturb, or permit others on the premises with the tenant’s
consent to unreasonably disturb, a neighbor’s peaceful enjoyment of the premises.
? Shall maintain smoke detection devices as required.
? May not, except in an emergency when the landlord cannot be contacted after
reasonable effort to do so, change the locks on doors of the premises without first
securing the written agreement of the landlord and immediately after changing the locks,
providing the landlord a set of keys to all doors for which locks have been changed. In an
emergency the tenant may change the ol cks and shall, within five days, provide the
landlord a set of keys to all doors for which locks have been changed and written notice
of the change.
To comply with the Landlord and Tenant Act and the rental agreement a tenant should do
the following:
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? Abide by the lawful terms of the rental agreement and the reasonable rules established
by the landlord.
? Be considerate of other tenants.
? Keep the premises clean and safe.
? Remove snow and ice from leased premises (this does not include the common areas).
? Dispose of garbage and other waste in a clean and safe manner.
? Prevent damage to the premises.
? Replace or repair anything destroyed or damaged by accident or carelessness on the
part of the tenant or the tenant’s guests.
? Make sure the unit’s smoke detectors are working by testing them periodically and
changing the batteries as needed.
? Give adequate notice before moving.
? Move out when the rental agreement ends (if agreement is not extended or renewed).
? Clear the premises of possessions when moving out.
? Pay the rent on time.
The tenant must pay the rent each month as it becomes due. The landlord is not required
to ask the tenant each month for the rent. The place for payment should be agreed on in
the lease. If the tenant rents monthly, the rent is due every month on the day of the month
that the tenancy began, unless otherwise agreed. Thus, if the tenant moves in on the 8th,
the rent is due on or before the 8th of every month, unless both parties agree to another
rental due date, which is typically the 1st of the month.
D. Landlord Remedies:
If tenants do not meet their responsibilities, the landlord can terminate the rental
agreement by written notice and require that the tenants move. The written notice must
be specific about the problem in question. (See: Eviction.)
If the tenants are notified of a problem and remedy the problem within the time allowed,
but the problem occurs again within the near future (state law varies), the landlord may
terminate the rental agreeme nt using “short” notice (for example, three- or five-day
written notice, depending on the type of problem and applicable state law). If this occurs
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the landlord normally does not need to give the tenant an opportunity to fix the problem.
The notice must specify the problem and the date of termination.
A lawsuit to evict a tenant is usually called a “Forcible Entry and Detainer Action”, or
“FED”. A landlord who evicts a tenant should probably contact an attorney for advice or
representation.
E. If the Landlord Needs To Get In
A landlord usually needs the tenant’s permission to enter the premises, but in many
states, he or she can enter without permission if:
? It is not possible to contact the tenant by ordinary means.
? The tenant has been gone from the property more than seven days without notice.
? There is an emergency (such as smoke, water, or explosion).
A landlord may enter the premises only to:
? Make repairs or perform maintenance.
? Supply necessary or agreed services.
? Inspect for damages.
? Show the premises to prospective buyers, renters, or contractors.
? Remove personal property belonging to the landlord that is not covered under the
rental agreement.
In these situations, the landlord (in most states) must give the tenant 24 hours notice. He
must say what time he is coming and try to pick a time that is mutually convenient. The
landlord may enter for these reasons only with the tenant’s consent and only at reasonable
times. Tenants CANNOT unreasonably refuse to allow the landlord to enter. If the
tenant does so, the landlord can get a court order, or injunction, requiring that the tenant
let him in. In many states the landlord may also sue for actual damages or one month’s
rent, whichever is greater, or terminate the tenancy. The landlord CANNOT abuse the
right to request entry, or use it to harass tenants.
When a landlord abuses his or her right to enter by coming in without the tenant’s
permission, or entering repeatedly without need, the tenant can ask a court for an
injunction ordering the landlord to stop. In most states, the tenant may also sue for actual
damages or one month’s rent, whichever is greater, plus court costs and attorney fees. If
the tenant wishes to move because the landlord has abused the access privilege, a written
notice from tenant to landlord is required.
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F. Alterations
A landlord should make clear to the tenant either in the written lease agreement (if there
is one) or by oral understanding, that alterations are not allowed without permission.
Anything more than hanging a picture on the wall normally falls into the category of
“alterations.” Typical alterations include installation of various permanent fixtures such
as shower or bath installations, sinks, ceiling fans, new flooring, new paint, new wiring,
built- in shelving or cabinets, etc. The legal problem associated with such alterations is
that they are all essentially “fixtures.”
“Fixture” is a le gal term. Its definition varies from state to state, but can generally be
described as a piece of personal property permanently affixed to a building in such a way
that damage would result if the fixture were removed. A fixture becomes part of the “real
property” (the building) to which it is attached, and therefore the property of the landlord!
Even if the lease or oral agreement does not cover the subject of alterations, a tenant
shouldn’t install fixtures or make other alterations without first discussing it with the
landlord, because the tenant might unwittingly be “giving away” free equipment to the
landlord. It is possible that an agreement can be worked out between tenant and landlord,
perhaps for proportionally lowering of the rent for a month in which the tenant makes
improvements to the property. On the other hand, the landlord may not want any
alterations to the property. Ask before you act!
G. Locks
Tenants can insist that the landlord maintain or replace the locks if the residence is not
secure. Tenants may want to add an extra lock on their own to increase security. With
the landlord’s permission, a tenant may add locks that can be used from the inside, such
as chain bolts. If the tenant makes holes in the door or frame, he or she must leave the
lock in place when moving out.
Neither a landlord nor a tenant may be locked out. If a landlord adds or changes locks,
new keys must be given to the tenant right away. Before changing locks, the tenant must
generally get the landlord’s written permission. However, in an emergency, when the
landlord can’t be contacted first, the tenant can change locks, provided he or she gives a
new set of keys to the landlord as soon as possible.
H. Occupants and Visitors
The landlord can limit the number of occupants who live in the house or apartment. This
should be clear from the rental agreement. The maximum number should depend on the
number of bedrooms and the age of the occupants. State law generally limits occupancy
to two or three adults (persons over 18) for each bedroom of the dwelling. The landlord
can set different standards, as long as he does not illegally discriminate. For example, if
a couple living in a one-bedroom apartment has a baby in the middle of their lease, the
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landlord probably cannot require the couple to move to a two-bedroom apartment
because this may unfairly penalize them merely because they had a child.
A landlord generally cannot limit visitors as long as they do not disturb other residents or
violate some other provisio n of the lease. However, a tenant should be careful not to
have the same visitor spend the night too many times in a row without the landlord's
permission, or the landlord may consider the visitor an unauthorized occupant. Certainly,
a visitor should not get mail or other deliveries at the premises, as this will surely arouse
suspicion. Too many visitors might be incorrectly perceived as illegal drug activity.
Although the landlord has the burden to prove a tenant has violated the lease in an
eviction case, tenants are wise to avoid these disputes from arising in the first place.
Therefore, tenants should consider explaining the situation to the landlord to remove
suspicion rather than becoming offended by a landlord's questions and not cooperating.
I. Can the Landlord Raise the Rent?
Unless there is a lease, the landlord is legally entitled to raise the rent by any amount. In
most states, the landlord must give the tenant at least 30 days notice before the increase
takes effect on a month-to- month tenancy. Tenants then have two choices: they can
agree to pay the rent, or they can move out. Legally, a notice of rent increase is probably
equivalent to a termination of the rental agreement at the old rate and an offer to rent the
same unit at a higher rate. A landlord should, therefore, notify tenants of any rate
increase at least 30 days before the increase goes into effect, and tenants who wish to
leave rather than accept the increase should give the landlord a written 30-day notice of
intent to terminate tenancy. Tenants who receive a housing subsidy or live in a federal or
state housing project may have rights in addition to those provided by state law. For
example, the U.S. Department of Housing and Urban Development (HUD) may control
rent increases in housing where HUD has provided loan or rent guarantees to the owner.
If you have questions about HUD rent controls, con
