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State Landlord-Tenant Laws and other helpful information
Landlords and Tenants alike should be knowledgable of your State laws that govern the Landlord-Tenant Relationship.
Of course we're happy to help answer specific questions here at AskMeHelpDesk, but additionally, here are some helpful links:
Notes:
1. When posting a question, be sure to say where you live.
2. Thanks to LisaB4657, for her help with this.
3. If you have a link to detailed Landlord-Tenant Laws of other areas, let me know and I'll add to this sticky.
Each State's Legislature has their own way of dealing with (or not) Landlord-Tenant issues. Some have Titles, Chapters, etc. specifically named "Landlord-Tenant" and some do not, some are searchable and others not, etc.
Note, also: Some municipalities have laws that supercede the State Laws, as I believe is the case with New York and Washington, to name the couple that I know of...but if you're at least conversant with the laws of the State level, you've got a great start.
ALABAMA: Alabama is one of two states (the other is Arkansas) that have no legal definition of the rights and responsibilities of landlords and tenants in their Revised Code. Read more about the The Uniform Residential Landlord and Tenant Bill here.
DISTRICT OF COLUMBIA: Official Code (Use the links to open Division VII Property > Title 42 Real Property > Subtitle VII Rental Housing > Chapter 32 Landlord Tenant)
Each State's Legislature has their own way of dealing with (or not) Landlord-Tenant issues. Some have Titles, Chapters, etc. specifically named "Landlord-Tenant" and some do not, some are searchable and others not, etc.
Note, also: Some municipalities have laws that supercede the State Laws, as I believe is the case with New York and Washington, to name the couple that I know of...but if you're at least conversant with the laws of the State level, you've got a great start.
LOUISIANA: At their site it is difficult to get right to the Landlord-Tenant laws to read, so from the yellow area of their search page, click the box next to "All of the above" and enter search terms, landlord, tenant, etc.
NEW JERSEY: As of Oct. '06 their site is in a major reconstruction. Until we get a good link, do some Googling and post on the board if you have an issue that you can't find an answer to.
OHIO: Ohio Revised Code (Use the links on the left to check out a. Title XIX > Chapter 1923 Forcible Entry & Detainer and Title LIII Real Property > Chapter 5321 Landlords & Tenants).
About the relationship between your obligation to pay rent and the landlord's obligation to make repairs.
Generally speaking, State Laws vary as to the relationship between the tenant's obligation to pay rent and the landlord's obligation to make repairs in a reasonable amount of time.
In Ohio, for example, if a landlord evicts for non payment of rent the tenant will lose every time if his defense is that the landlord did not make repairs. This is because in Ohio, the remedy for the tenant, when the landlord does not make repairs, is to put the rent money in escrow with the Clerk of Courts. In fact, the Tenant is required to pay rent no matter what: either to the landlord, or to the Clerk of Courts (even if the Landlord is not fulfilling his obligation to make repairs). In other words, not paying rent at all is not a legal remedy for the tenant to pursue.
Some States however, do not permit the Tenant to put rent in escrow.
Search your State's Laws or seek local legal advice to confirm what your options are if the landlord does not make repairs within the time stated in the lease.
How to be sure you get your security deposit back.
The trick to being sure that you get your security deposit back when you move out starts with when you move in.
If the Landlord does not provide you with an Inventory and Condition Form when you move in, then do one yourself anyway. It does not need to be fancy, but on it note the conditions of the apartment: Carpet, walls, trim, fixtures, counters, cabinets, etc. Note any current signs of wear, age or damage. ...and it can't hurt to take pictures or even video. Make a copy of the form and give one to your landlord and have him sign that he has received the one you will keep for your records.
When you have moved out and are done cleaning, take pictures or video again. When returning your keys, thank the landlord for a pleasant stay and let him know that you would appreciate the prompt return of your security deposit.
It also can't hurt to remind the landlord that you carefully noted the condition of the apartment both when you moved in - and when you vacated.
A final note: At least in Ohio, where I manage apartments, the landlord is not permitted to charge the tenant for "reasonable wear and tear". An extreme example of this that makes the point would be carpet wear. If you lived there for many years and there is a path worn into the carpet from the front door to some other common area, then that would be considered reasonable wear.
...of course if you have damaged something, expect to pay for it.
As to acceptable reasons, of course "good reason" is key. Even if the state has no statute, that does not mean a landlord can come in your apartment any time just to root through your stuff. If you have reason to believe that your landlord entered your apartment unlawfully, search your state's Landlord Tenant Laws for more detail of acceptable reasons.
Here are some things you need to know before signing a lease with a roommate:
Typically, tenants in a lease are responsible to the terms of the lease "jointly and severally". That means you're both fully responsible. There is no "your half" and "his half" of the rent.
If your roommate bails on you or does not come up with his half of the rent then you both suffer the consequences equally: The landlord has every right to call you and demand the entire payment and/or call your roommate and demand the entire payment.
And generally, landlords cannot evict just one of you...so if your roommate stops chipping in on his half of the rent, the landlord cannot help you one bit.
...so if the rent is not paid, then the landlord will have to file an eviction naming both of you.
The fact that you are both jointly responsible applies to all terms of the lease.
If your roommate damages something in the apartment - or violates any term(s) of the lease, then you're both responsible.
Of course not all roommate situations go bad, but it's not uncommon! Here are some of the horror stories I've run into over the years:
* Roommate loses his job, decides to stop working or runs into some other difficulty leaving the other paying the full load...or risking eviction for both.
* Roommate gets a dog and dogs are not allowed.
* Roommate gets pregnant and the occupancy of the apartment only allows for 2 people.
* Roommate simply decides to move out in the middle of the lease.
* Roommate is a party animal and blasts the stereo when you're not home.
* Roommate damages something significant and can't afford to pay for it (burns the carpet, kicks a hole in a door, breaks a window, etc.)
* Roommate brings boyfriend or girlfriend home to shack up with you, violating the "authorized occupants" section of the lease.
* Roommate does something illegal prompting the eviction of both parties.
...I could go on and on. You can't anticipate everything a roommate might do, but at least
1. Be sure you know him or her very well, and
2. Know that if something happens, you're both fully responsible.
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