Legal Issues
We first started this blog in 2005 and we wanted to bring a few posts back to the forefront to help those of you who will be moving this spring or summer. Because landlord-tenant issues are so common, the most important legal posts are grouped below. We hope these are useful as you start planning your next move.
You've moved into a new apartment, your stuff is unpacked and you're finally settled in- and that's when you notice it. It might be the neighbor's insufferably loud music, a broken security gate, a clear fire hazard or water that smells like sewage running down the only set of stairs to get to and from your apartment. Get ready to file a complaint with your landlord or management company, because little will get fixed if you don't. But first, you'll need to take some steps to make sure you come out on top. Keep these five tips in mind to ensure that your complaint will not only be read, but that some action will be taken.
David, a Mexican-American, was looking for an affordable one-bedroom apartment in the Washington, D.C. area. After spotting an ad in the local paper, he called the landlord who described what sounded like the perfect apartment over the phone. But when David showed up to meet the landlord and tour the apartment, he was told it was no longer available. David suspects that the landlord would rather not rent to him because of his race.
After you've found that perfect apartment to move into, the rental application you may have to submit is easy to forget about. You fill in your contact information, check a few boxes and hope for a positive phone call in the coming days. While most renters assume their landlords know something about their histories, most don't know quite how much a landlord can learn about you from your rental application.
Are you ready to leave your tiny, expensive apartment for a bigger, cheaper, better place? Congratulations! But before you hire the movers and turn in your keys, you have something to take care of first. You'll need to write a lease termination letter to your landlord.
Renting a new apartment can be a financially draining experience. Referral fees, moving costs (boxes, moving truck), furniture and decorations all add to the cost of the move. However, some states offer a way to reduce those costs in the form a surety bond. A surety bond is an alternative to a security deposit -- you pay a small upfront premium, often as little 10-15% of an equivalent security deposit. Depending on your financial resources, these bonds may be a good solution for you. Here are some ways to determine if they're right for you.
A lease option gives would-be buyers the chance to purchase a home, apartment, or condo space after renting it for a certain amount of time. There’s usually an extra fee paid at the beginning of the lease term that will allow you to enter into the lease-purchase option. Lease-purchase options are sometimes offered when the housing market is slow, in part to entice people who may not otherwise be interested in or capable of purchasing a home. Depending on your situation in life and your home-owning aspirations, a lease-purchase option may be appropriate for you. Some of the pros and cons of the lease-purchase concept are covered below. Some agreements put part of your rental payments toward the purchase price; others might only give you first option to buy if the owner decides to sell the property. Keep in mind that the situation will vary with individual contracts and agreements, so make sure you understand the full terms of the deal before signing anything.
So your landlord’s notified you that your rent will be increased beginning next month. Since your lease agreement specifies that a particular amount of rent will be paid each month for the term of the lease, you’re wondering what entitles your landlord to raise the rent in this manner. The good news is that your landlord is likely not legally able to raise the rent in violation of the lease agreement. Read on for more information about when—if ever—your landlord may be allowed to raise the rent.
Unless you’re a real estate lawyer, a landlord, or you just like reading over lease documents, the legal terminology in your lease might not be used in your everyday vocabulary. Terms such as buyout clause, sublease, and termination could help you break your lease, if you know how to use the legal jargon to your advantage. Here are a few general terms to help you through your lease.
Trying to get public housing or rent assistance can be a complex and time-consuming endeavor. Understanding what recipients of aid go through can also be difficult for those who earn more money or have fewer family obligations. Below is a gathering of information that will help you understand the public housing system and how to use it to meet your and your family’s needs if necessary.
Your living situation is a disaster: the sink has been leaking for months and nobody will repair it, and the heater is on the fritz, so you spend your days alternating between blankets and bikinis. Your landlord has been totally unresponsive to your verbal and written requests for repairs. Or maybe your landlord has served you with an eviction notice even though you don't think you deserve it, since you pay your rent on time and keep things reasonably clean. What can you do? This article covers some of the ways in which you can legally dispute your landlord's actions (or failure to act).
Each state has a different Landlord-Tenant Act designed to protect the rights of both parties in a rental agreement. You'll have to check with the laws for your individual state to find out specifics, but this article covers some general rights and responsibilities of both landlords and tenants that are mostly consistent from state to state.
You’re sick and tired of the sewer running through your apartment, your neighbors and their pets won’t stop running around above you, your car has been broken into twice within the last month, and all you want to do is just leave your apartment. Too bad you still have 6 months left on your lease. Before you threaten your landlord with leaving him with an empty apartment, make sure you know these 3 tips when you break you lease.
You pay rent on time, keep your apartment reasonably clean, and you think you’re a darn good tenant. You’ve never even considered the possibility of being evicted. Even if you’re sure it’ll never happen to you, it’s important to know the details of the eviction process and the many reasons why you might be evicted. Those who pay rent on time may still be susceptible to eviction due to other factors. Read on to learn more about the various categories of eviction and your rights in each situation.
Unlawful detainer: sounds scary, but is it really? The answer is both yes and no. Unlawful detainer is a serious legal action that your landlord is only allowed to take against you if you’ve broken the terms of your lease. It’s a final, drastic move toward eviction that will almost certainly result in you moving out of your apartment. However, it’s also possible to avoid going to court over an unlawful detainer. Read on to learn more about what an unlawful detainer is and what you need to do about it.
