© 2006 Consumer Jungle Landlord Tenant Law. May 21, 2012 Entry task: Do you think the teens from...

© 2006 Consumer Jungle

Landlord Tenant Law

May 21, 2012

• Entry task: Do you think the teens from “Baby Borrowers” were ready for children? Why?

• Target: Identify rental agreement words.

January 8, 2013

• Entry task: What is the definition of a tenant? What is the definition of a landlord?

• Target: Identify your rights as a tenant.


May 21, 2013

• Entry Task: What do you know about renting an apartment?

• Target : – Identify your rights as a tenant.

Leadership Cards

• Due June 4th!

• FINAL!– June 4th

• Whether you have many points or not.


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 anti-discrimination 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


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.


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


Know the Basics

• Length of the Lease– Month-to-month– 6 months– 1 year

• Amount of Rent• Amount of Security

deposit


Good-Tenant Criteria?

• Application Fee for Screening– Credit check &

bankruptcies– Employment & Income– Rental history &

evictions– References

• Applies to each tenant

• Non-refundable


Legal & Illegal Discrimination

• Legal– Poor credit history– Insufficient income– Bad references– Past behavior i.e.

destruction of property– Tenants would exceed

valid occupancy policy

• Illegal– 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


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


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


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!


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”


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.


Illegal Contract Provisions

– Giving up your right to defend yourself in court

– Limiting the landlord’s liability for things they’re normally responsible for


Landlord’s Maintenance Responsibilities

• Weatherproofing

• Available heat

• Water

• Electricity

• Clean, sanitary, &

structurally safe

• Smoke detectors

• Security-Locks & keys


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


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


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


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?


Roommates & Rental Agreements

• Adding a Roommate to the Lease or Rental Agreement – New lease

• More Roommates, More Rent – More wear & tear

• Security Deposit Increases


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


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


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


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


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.


Illegal Landlord Actions

• Even if you’re behind in rent– Lockouts– Utility shutoffs– Taking your property

(unless you abandon it)


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


When the Landlord Breaks the Lease

• Landlord can legally break the lease if:– Tenant pays rent late,

has a dog under a no-pet 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


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


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


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


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 Landlord Tenant Law. May 21, 2012 Entry task: Do you think the teens from...

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Transcript of © 2006 Consumer Jungle Landlord Tenant Law. May 21, 2012 Entry task: Do you think the teens from...