Landlord Tenant

First and foremost, you should read the lease contract. Subject to few exceptions, once you sign the contract, you will be bound by all the provisions it contains. If you do not understand something written in the lease, ask your potential landlord to clarify. If you still do not understand, contact an attorney to review it with them. Do not sign it, move in, or pay any amount of money to your potential landlord until you read and completely understand the contract.

Do not rely on oral representations. Get all lease terms that you’ve agreed on in writing and signed by the landlord. If something is important to you, such as a repair the landlord has promised to do before move-in, get it in writing. If you do not get a lease provision in writing it can be very difficult to enforce your provision later.

If you disagree with any part of the lease contract, you have the right to request the landlord change it. However, the landlord does not have to agree to make the changes.

You should also make a record of pre-existing damage to the rental unit. Your landlord should allow you to inspect the property, including the appliances, electrical system, plumbing, heating, lights, as well as locks and windows. If you find anything damaged or malfunctioning, you should write a list (if your landlord doesn’t provide a form for you) before you sign the lease. You should present the list to your potential landlord before you sign the lease, and request your landlord sign the list as well. You should take good, thorough photographs of the condition of the rental unit as soon as your lease begins, and at the end of your lease, after you are done cleaning and ready to move out.

A landlord, management company, repair contractors, etc. can only enter your rental unit for a reasonable business reason—or in an emergency. A “reasonable business reason” includes, but is not limited to:

• Performing maintenance work
• Showing the unit to prospective tenants
• Showing the unit to a prospective buyer or to an insurance representative
• Allowing inspections by state, county or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes
• Prearranged housekeeping work in senior housing
• The tenant is causing a disturbance within the unit
• The landlord has a reasonable belief that the tenant is violating the lease within the unit
• The landlord has a reasonable belief the unit is being occupied by an individual without a legal right to occupy it
• The tenant has vacated the unit

The landlord must make a good faith effort to give you “reasonable notice” that they will be entering your rental unit. “Reasonable notice” varies based on the situation, but 24-hours’ notice is usually considered reasonable. However, there are exceptions. In an emergency, your landlord can enter your apartment without giving you notice. An active emergency occurs when the landlord reasonably concludes that immediate entry is necessary:

• to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement;
• to determine a residential tenant’s safety; or
• to comply with authorities regarding unlawful activity in the unit.

If the landlord violates these rules, the tenant may file a court action. Depending on the state, the tenant may be entitled to a rent reduction up to the cancellation of the lease, recovery of the security deposit, and additional penalties for each violation.

When you move out, your landlord is required to either return the deposit, sometimes with interest, or to provide a written statement showing the specific reason for their withholding the deposit.

Your landlord may withhold only as much money from your deposit as is necessary to either: (1) Remedy any defaults of rent or other payment to the landlord as described in the lease contract; or (2) Restore the premises to the condition it was in before you moved in, excepting ordinary wear and tear.

If your landlord does not return your deposit, and does not provide a written statement with an itemized account, you can demand your landlord provide you with an itemized list, accounting for the reasons your deposit was not returned.

You could potentially file a lawsuit in small claims court if you think your landlord has unlawfully retained your security deposit. The complaint is filed in the court of the county where the rental unit is located.

Some but not all leases provide for the process by which either party (tenant or landlord) can terminate the lease agreement early. If the lease contract provides for this, usually the tenant will be required to provide a certain amount of notice to the landlord. Additionally, there will likely be a fee expressed in the lease contract for breaking the lease early.

If your lease does not allow you to terminate early, you can negotiate with your landlord for a settlement and release from the lease. It is up to your landlord whether to accept your settlement offer. The landlord will usually require you to pay an amount of money to settle and be released from the lease. You should get any settlement and release of the lease in writing, signed by your landlord.

If you are a victim of domestic abuse, stalking, or criminal sexual conduct, and are not in subsidized housing, you may break your lease by law if you or someone living in your home are in fear of violence right now from someone.

Note: You will likely be required to provide a court order, police report or other law enforcement document, or a statement from a qualified third party and to give written notice to your landlord.

If you are having trouble getting the landlord to make necessary repairs to the rental unit, you should first make a repair request, in writing, to the landlord and save a copy for yourself.

If it is a serious repair issue affecting health/safety, you can file a complaint with your local housing, health, energy, or fire inspector and ask that the rental unit be inspected. If the inspector finds a violation of housing, health, or building code, or safety laws, they will give the landlord a certain amount of time to correct the violation(s).

In general, you should not stop paying rent unless you have started legal action, such as a Rent Escrow case. Failure to pay rent is a material lease violation and may result in an eviction even if there are outstanding repair problems. You should speak to an attorney before withholding rent.

• Filing an eviction- You cannot evict a tenant without a court order. There are numerous requirements and steps you must follow when evicting a tenant. The attorneys at WFJ can help you execute the eviction in a lawful, effective, and timely manner.
• Security Deposits-If you unlawfully withhold security deposit amounts, then you may be liable for up to double the amount of the deposit or fees and fines in small claims court. It is best to confirm with an attorney before withholding security deposits from your tenants.
• Recovering money from tenants- If a tenant owes you more money than the amount of the security deposit, you may be able to recover the money in small claims court, or even district court, depending on the amount of money you are owed. It is highly recommended that you retain an attorney, especially if you are going to file in district court.