Renting and Your Rights

Leases

A lease is a contract that lets you rent an apartment or house. It explains what you have to do (like pay rent, take care of the place, and stay for a certain amount of time) and what the landlord has to do (like make repairs). If you or the landlord do not do what the lease says, that is called a “breach” and there can be consequences. If you do what the lease says, the landlord can’t make you leave until the lease runs out.

Unless a lease is for longer than one year, it does not have to be in writing. Generally, a written lease is better because it provides:

  • A record of your rights and what you are required to do
  • Protection against the landlord being dishonest
  • Written proof of the details

Because most printed leases favor the landlord, it is important that you fully understand the lease. Never sign a lease without first reading and understanding it. Insist that you be given a copy of every page of the lease immediately after you and the landlord sign it. If the landlord says they do not have a way to make a copy, you should immediately take it to a place where you can make a copy and then return it to the landlord. Or you can use your phone to take photos or scan it, but be sure you can see and read all the text. Keep your copy in a safe place and if you just have photos, save them somewhere else besides just your phone.

Before Moving In

Before moving in, you and your landlord will need to sign the lease. You probably will need to pay the first month’s rent and a security deposit. If you pay in cash, you must get a receipt signed by the landlord that says when and how much you paid.

Just before moving in, you also need to walk through the apartment or house with your landlord and find any problems with the place you are renting, such as holes in the wall, dirty carpets, or appliances that don’t work. If you do not point out any problems immediately, the landlord may hold you responsible for those problems, even if you did not cause them. You and the landlord should make a list of these problems and you should get a copy immediately. You can also require that any serious problems be fixed before you move in. Take pictures of the place before you move in to have proof of what it looked like and save them somewhere else besides your phone. This can be handy when you move out.

Terminating Your Lease

Leases are generally month-to-month or for a specific period of time (for example, six or 12 months). The period of time is called the “term” of the lease. Leases for a specific period of time require that you lease the apartment or house for that whole time. If you have a written lease, it should discuss the steps you need to take to end or “terminate” the lease. Most leases will require you to notify your landlord at least 30 days before you want to end the lease, but some leases may require you to give your notice even earlier. Remember, even if you terminate the lease, if it is during the term, you probably will still owe the rent.

If your lease is month-to-month, unless your lease says something different, you must give written notice one month before you want to end the lease. For example, if you were trying to decide whether you wanted to move out of your apartment by the end of January, you would need to tell your landlord before January 1st or else you have to pay rent (even if you move out) through February. It is best (and often required) that you give written notice that you are going to move out and that you keep a copy of your notice. An email, as long as you confirm that it was received, can count as written notice.

If your lease is for a term, then you must be prepared to pay the rent for that entire period, even if you move out. Some landlords will allow you to terminate your lease early by paying an extra fee (usually one or more month’s rent), but you should check your lease carefully. Also, even if you sign a lease for a certain number of months, do not assume it simply ends at the end of that period—usually, it switches to a month-to-month lease. For example, if you sign a six-month lease on January 1st, do not assume that you can just move out on June 30th. You probably need to give written notice by June 1st that you will be moving out at the end of June. If you don’t, then chances are that your lease will switch to month-to-month and you will be stuck paying rent through July.

MONTH-TO-MONTH LEASES

A month-to-month lease is a lease that only requires you to rent the apartment for one month at a time. On the plus side, you can get out of this type of lease quickly. On the negative side, your landlord can increase your rent at almost any time or decide not to renew your lease, which could happen if the landlord finds someone willing to lease the same place for a longer time or for more money. If you break a lease before it ends, you could be sued for unpaid rent, advertising expenses, and other costs of re-renting the apartment and the landlord’s attorney fees and costs. Of course, you will always be responsible for any damage to the apartment. All of this can show up on your credit report and make it difficult to rent another apartment.

Roommates

When you are renting housing, be careful who you pick to be your roommate. You want to avoid a roommate who is not good with handling money, doesn’t have stable income, won’t be willing to follow the apartment’s rules about loud parties, allows extra people to stay in your apartment for extended periods, or you have difficulties getting along with.

If you have a roommate, it’s a good idea to write down a list of responsibilities and then sign the list. The list should talk about things that can cause problems between roommates, like how much of the rent and utilities you will each pay, whether food will be shared, whether guests (especially overnight guests) are allowed, and cleaning duties. Making a list will give you both a chance to work out any differences before you lease together and could really help if your roommate skips out and leaves you with the rent and bills.

Some foster youth live in group homes or boarding houses. Often these places are not licensed. Be careful of your privacy, protecting your property, and drug use by other residents.

If you sign a lease with a roommate and your roommate moves out, you will probably be responsible for paying the full rent to the landlord because each person that signs the lease agrees to pay the full rent. If you have to pay your roommate’s portion of the rent, then you have the right to get your roommate to repay their share, but you may have to sue them to get the money. If you sue, having a signed agreement with your roommate could be helpful. However, even if you win your lawsuit, it may be difficult to collect the money from your former roommate unless they have a lot of money.

YOUR RESPONSIBILITIES AS A TENANT

You must pay your rent on time. You can’t damage the property. You must tell your landlord about any problems with the place you are renting. You must understand and follow your lease. There may be other rules that you need to follow, like limits on the number of people who can stay in your apartment or house, rules about pets and smoking, and even limits on the number of holes you can put in the walls to hang pictures. Also remember that if it’s not in writing, then it can be difficult to prove. So, if your landlord says not to worry about something in a lease because they never enforce it or says you can move out at any time, then be sure to get those things in writing.

Landlord Rights

A landlord may come into your place at reasonable times (in other words, during the day and not very often) to inspect, make repairs, or show the place to other people who are interested in renting it when you move out. The landlord may enter at unusual times if necessary to deal with an emergency, like a broken water pipe or gas leak. A landlord should not enter your place for other reasons. A landlord cannot ask you to pay your rent in any way other than money, which may include a check, money order, or electronic payment.

A landlord can refuse to rent an apartment to you for reasons that are not related to race, color, national origin, religion, sex, family status, or disability. Depending on what your lease says, your landlord may be able to keep you from letting other people move in who are not on the lease.

Security Deposits

Usually, when you sign a lease, you must pay the first month’s rent and make a security deposit. The security deposit is often equal to one month’s rent. When you sign the lease, you should expect to need money equal to two months’ rent. The security deposit is to protect the landlord for any damages that you may cause to the apartment or house you are renting.

When you move out, you should take all of your things with you, clean the place really well, and then ask for a walk- through with your landlord. The walk-through will let you be there if the landlord finds any problems with your place.

Ideally, you should also take pictures of the place when you leave in case there is any argument about whether you caused the damage. You can compare any problems the landlord points out to the list you made and any pictures you took when you moved in. Your landlord can keep all or part of your security deposit to cover damages, but they must give you a written explanation of what they keep.

Your landlord can’t keep any money to fix ordinary “wear and tear”, such as walls needing to be repainted and carpets needing regular cleaning. When moving out, you should write down your new address, give it to your landlord, and keep a copy of the notice so you have proof you gave the landlord the information. If you and your landlord have used email to communicate during the lease, you can also email the new address in addition to a printed notice. If you give your new address to your landlord and have no overdue rent, the landlord must return your entire security deposit within 30 days after you move out. If your landlord keeps any part of your security deposit for damages, they must give you a list clearly explaining why they kept that amount and they must return any money left over.

The landlord could be responsible for paying you damages (which means, extra money) if they wrongfully keep any of your deposit. If your landlord refuses to return your deposit, you will need to sue your landlord in court. For more information, see How to Get Your Security Deposit Back.

Generally, you can’t say that your security deposit is for your last month’s rent and refuse to pay your last month’s rent.

Finally, if you cause more damage to your apartment than what is covered by your security deposit, then your landlord can ask you for extra money and sue you to collect if you refuse to pay. So don’t “trash” the apartment on your way out, no matter how bad the landlord may have been! If you do that, the landlord could even call the police for vandalism.

Renters Insurance

You may want to get renters insurance to protect your things in case they are stolen or damaged in a fire or other event. A landlord’s insurance policy only provides coverage to the building, not to any of your belongings. You can contact any local insurance agent to get prices for this type of insurance. Some landlords may require you to get renters insurance as a part of the lease.

Rental Payments

  • If you do not pay your rent when it is due, your landlord may give you a notice telling you either to pay or move out within a few days.
  • Before telling you to leave, your landlord may give you notice that your rent is late. If your rent is late, you may also owe a late fee.
  • If you do not move out when required, the landlord can file an eviction lawsuit to have a judge order you out (and then have law enforcement move you out). But you cannot be forced to move out before a court case has been filed and a hearing held.
  • If you are evicted, you must still pay rent for however much time was left on your lease unless a court orders otherwise. In some cases, a landlord may even have the right to keep and sell some of your property inside the place you were renting to pay for what you owe.

Repairs

Landlords generally must work quickly to fix a problem if:

  • You tell the person to whom you normally pay rent about the problem
  • You are not late paying your rent
  • The problem could injure you or be unsafe
  • The problem is not caused by you, your roommates, or guests.

Submit your repair request in writing and keep a copy; some landlords try to get out of making repairs by saying you didn’t notify them. If the cost to repair is minor, the lease may require that you fix it, such as replacing ordinary light bulbs. If there is a problem that is so bad that the apartment is not livable (like no water, kitchen appliances do not work, or no heating) and your landlord refuses to quickly fix the problem, then you should find a lawyer. You can find your local free legal aid provider here, as well as information about what steps you should take. The landlord must provide security and safety devices like deadbolt locks, peepholes in the front door, and smoke detectors.

Budgeting

To live successfully on your own, you must budget. Having a budget means planning so that you will not spend more than you earn and will even be able to save. You must plan for monthly costs, including rent, utility bills, car expenses (including insurance), and groceries. At first, you may want to run out and buy new furniture, TVs, computers, appliances, and other nice things when you get your own place and have a little money, but you should hold back. These things are expensive and you probably need to save some money before you spend too much. Some places may try to rent these things to you for a “low weekly amount” but are really asking you to pay many times what the thing is worth. Others may try to give you credit or loan you money on outrageous terms. Instead of getting yourself into debt or financial trouble, you should ask friends for any furniture they don’t want or shop at second-hand stores and yard sales until you are on your feet. It is important to have some extra cash to cover bills that are due and for emergencies, such as a car repair or another unexpected expense.

Utilities

When you rent a place, you usually have to turn on some utilities, such as water, electricity, gas, and cable/internet. Some of these may be included as part of your rent, so find out from your landlord what is included. Once you have a signed lease, you will need to contact each utility provider and sign up for service. Often they require a deposit, which can be a lot of money, and require that you provide identification. You will also have to pay monthly utility bills. You can keep these bills down by reducing the amount of heat, air conditioning, or water you use. Include the cost of deposits and monthly utility fees in your budget as you make your plans to be sure you can afford the rent and utilities. When you move out, be sure to contact the utility companies and make arrangements to have the utilities turned off and the final bill and deposit refund sent to your new address.

Internet has become very important to have and there are a number of low-cost options – see this list of options. You also need to have cell phone service to communicate with important people like caseworkers, employers, or 911. If your cell phone service is frequently turned off because you run out of minutes or can’t pay your bill, you won’t be able to manage your responsibilities. You can try to get a free phone with voice minutes, texting, and possibly data from the federal Lifeline program. Find more information about Lifeline here. If you can’t get a free phone, consider getting a basic, low-cost cell phone plan without data.

A budget is telling your money where to go instead of wondering where it went. — Dave Ramsey