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California - Breach of Habitability

2011-07-15T12:12:00.000-07:00

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LANDLORD AND TENANT ACT

Posted: 07/15/2011 11:42:53 AM PDT
Updated: 07/15/2011 11:46:36 AM PDT

OAKLAND, CA -- Four apartment buildings owned by a couple who the city said allowed the properties to "literally fall apart" must be sold, a judge said this month, ending a two-year-long effort by the city to clean up the buildings. Alameda County Superior Court Judge Gail Brewster Bereola also ordered that Hong Gardner and John Gardner could no longer own apartment buildings in Alameda County or visit the buildings they once owned at 2011 Rutherford St., 5142 Bancroft Ave., 1501 23rd Ave. and 1733 Seminary Ave.

The order came after the Oakland City Attorney's Office and the Alameda County District Attorney's Office proved in court that the Gardners failed to maintain their buildings and allowed tenants to live in inhuman conditions. "Families who pay rent in this city have a right to safe and humane living conditions," said acting City Attorney Barbara Parker. "If a landlord won't abide by the law, we will use all available legal means to assure that tenants' rights to safe and decent housing are protected."

The city first sued the Gardners in 2009, complaining that the couple failed to properly maintain their properties. Over the years, city code enforcement officers have found numerous violations at the four apartment buildings including water and power being shut off, crumbling balconies, and missing fire extinguishers, fire escapes and sprinkler systems.

In fact, one of the apartment buildings, 1733 Seminary Ave., caught fire last year and was found to lack smoke detectors.

Hong Gardner said Thursday that she and her husband have tried to fix their apartments but instead have been swarmed by attorneys from the city. "It's unfair, it's unfair," she said. "It's overwhelming for me, one person, and the city has many, many, many lawyers. They did not give us an opportunity." But the city argued in court that the Gardners had several chances to clean up the apartments but never did.

In addition to forcing the Gardners to sell the buildings, which together house 55 units, Bereola ordered that tenants now living in the apartments do not have to pay rent until repairs to the buildings are completed.

§4.02 Breach of the Warranty of Habitability

Every residential rental agreement has an implied warranty of habitability that is independent of the tenant’s obligation to pay rent. [See CCP §1174.2; CC §§1941–1942.5; Green v Superior Court (1974) 10 C3d 616, 631–632; Fairchild v Park (2001) 90 CA4th 919, 927–928.] This means that a landlord of residential premises must put the premises in a condition fit for human occupancy and must repair all subsequent dilapidations that render the premises untenantable. [CC §1941.]

The landlord’s duty to the tenant to provide habitable premises is nonwaivable. CC §1942.1. This implied warranty does not require that a landlord ensure that leased premises are in perfect, aesthetically pleasing condition, but it does mean that “bare living requirements” must be maintained. [Green v Superior Court, supra, 10 C3d at 637.]

A breach of the warranty of habitability is available as an affirmative defense for a tenant in a UD action for nonpayment of rent. But it is not available in a UD action based on a 30-day notice to quit. [CCP §1174.2; Green v Superior Court, supra, 10 C3d at 631; Knight v Hallsthammar (1981) 29 C3d 46, 57.] This defense is item 3a on the UD answer form [see form UD-105].

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Nebraska Landlord-Tenant Law.

2010-06-18T20:03:00.000-07:00

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LANDLORD AND TENANT ACT

The Nebraska Landlord Tenant Act is not administered by the Real Estate Commission, however due to the number of inquiries received by the Commission office regarding this act, we have provided a link to this act for the convenience of the citizens of Nebraska. ARTICLE 14: LANDLORD AND TENANT. (a) UNIFORM RESIDENTIAL LANDLORD TENANT ACT

Section 76-1401. Act, how cited.

Sections 76-1401 to 76-1449 shall be known and may be cited as the Uniform Residential Landlord and Tenant Act.

Annotations: Public Housing Tenant

Procedures authorized by section 76-1401 et seq. provide a public housing tenant with all the required elements of due process prior to eviction, and a public housing tenant is not entitled to a prior grievance procedure where the eviction is based upon the tenant's creation or maintenance of a threat to the health or safety of other tenants or public housing authority employees. Housing Auth. of City of Lincoln v. Wolfe, 212 Neb. 657, 324 N.W.2d 891 (1982).

Selected Provisions

76-1410. Terms, defined.

Subject to additional definitions contained in the Uniform Residential Landlord and Tenant Act and unless the context otherwise requires:

(1) Action includes recoupment, counterclaim, setoff, suit in equity, and any other proceeding in which rights are determined, including an action for possession.

(2) Building and housing codes include any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises, or dwelling unit. Minimum housing code shall be limited to those laws, resolutions, or ordinances or regulations, or portions thereof, dealing specifically with health and minimum standards of fitness for habitation.

(3) Dwelling unit means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

(4) Good faith means honesty in fact in the conduct of the transaction concerned.

(5) Landlord means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by section 76-1417.

(6) Organization includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, or association, two or more persons having a joint or common interest, and any other legal or commercial entity.

(7) Owner means one or more persons, jointly or severally, in whom is vested (a) all or part of the legal title to property, or (b) all or part of the beneficial ownership and a right to present use and enjoyment of the premises; and the term includes a mortgagee in possession.

(8) Person includes an individual, limited liability company, or organization.

(9) Premises means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant.

(10) Rent means all payments to be made to the landlord under the rental agreement.

(11) Rental agreement means all agreements, written or oral, between a landlord and tenant, and valid rules and regulations adopted under section 76-1422 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.

(12) Roomer means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling units. Major facility in the case of a bathroom means toilet, or either a bath or shower, and in the case of a kitchen means refrigerator, stove, or sink.

(13) Single-family residence means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single-family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit.

(14) Tenant means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

76-1415. Prohibited provisions in rental agreements.

(1) No rental agreement may provide that the tenant:

(a) Agrees to waive or to forego rights or remedies under the Uniform Residential Landlord and Tenant Act;

(b) Authorizes any person to confess judgment on a claim arising out of the rental agreement;

(c) Agrees to pay the landlord's or tenant's attorney's fees; or

(d) Agrees to the exculpation or limitation of any liability of the landlord arising due to active and actionable negligence of the landlord or to indemnify the landlord for that liability arising due to active and actionable negligence or the costs connected therewith.

(2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him or her to be prohibited, the tenant may recover actual damages sustained by him or her and reasonable attorney's fees.

See Related Blogs

1. Landlord-Tenant Law - You're Here
2. Corrupt Justice Officials
3. Lawsuits
4. Real Estate Law
5. Bankruptcy Law
6. Re-Zoo-May (Resume/Employment)
7. Family Law (Divorce, Custody Child Support)

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Nevada Landlord Tenant Laws

2009-07-01T08:03:00.000-07:00

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Tenant Rights, Laws and Protections: Nevada

See:

• Nevada Landlord and Tenant Dwellings, Nevada Revised Statutes Annotated Sections 118A.010 to 118A.520.

CHAPTER 118A - LANDLORD AND TENANT: DWELLINGS

GENERAL PROVISIONS
NRS 118A.060 “Cause” defined. A tenancy is terminated with “cause” for:

1. Nonpayment of rent.

2. Nonpayment of utility charges if the landlord customarily pays such charges and submits a separate bill to the tenant.

3. Failure of the tenant to comply with:

(a) Basic obligations imposed on the tenant by this chapter;

(b) Valid rules or regulations established pursuant to this chapter; or

(c) Valid provisions of the rental agreement.

4. Condemnation of the dwelling unit.

Federal Housing In Nevada

The U.S. Department of Housing and Urban Development handles complaints about housing discrimination, bad landlords in federal housing and many other issues. For additional local resources, you can also contact a housing counseling agency.

Information Centers

Clark County Library - Bibliography #2 Bibliographies list related resources in the library collection.

Websites

Las Vegas Justice Court Forms and Information
www.clarkcountycourts.us

Henderson Justice Court Forms
www.accessclarkcounty.com

Agencies

• Clark County Legal Services
(702) 386-1070

• Neighborhood Justice Center
(702) 455-3898

• Self-Help Housing Center
(702) 383-6095

• Senior Citizen Law Project
(702) 229-6596

See Related Blogs

1. Landlord-Tenant Law
2. Corrupt Justice Officials
3. Lawsuits
4. Real Estate Law
5. Bankruptcy Law
6. Re-Zoo-May (Resume/Employment)
7. Family Law (Divorce, Custody Child Support)

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Fair Housing - Advertising Guidelines

2008-11-13T23:21:00.000-08:00

Equal Housing Opportunity Slogan: "Equal Housing Opportunity."

Introduction

Complaints filed with HUD are investigated by the Office of Fair Housing and Equal Opportunity (FHEO). If the case proceeds to trial before an administrative law judge or Hearing Examiner, or to a state or federal judge, the respondent may be held liable for compensatory and punitive damages and may be subject to injunctive relief. This means that one poorly written advertisement can be costly.

Section 804(c) of the Fair Housing Act prohibits the making, printing and publishing of advertisements which state a preference, limitation or discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin. The prohibition applies to publishers, such as newspapers and directories, as well as to persons and entities who place real estate advertisements.

The following is policy guidance from HUD.

1. Race, color, national origin. Real estate advertisements should state no discriminatory preference or limitation on account of race, color, or national origin. Use of words describing the housing, the current or potential residents, or the neighbors or neighborhood in racial or ethnic terms (i.e., white family home, no Irish) will create liability under this section. However, advertisements which are facially neutral will not create liability. Thus, complaints over use of phrases such as master bedroom, rare find, or desirable neighborhood should not be filed.

2. Religion. Advertisements should not contain an explicit preference, limitation or discrimination on account of religion (i.e., no Jews, Christian home). Advertisements which use the legal name of an entity which contains a religious reference (for example, Roselawn Catholic Home), or those which contain a religious symbol, (such as a cross), standing alone, may indicate a religious preference. However, if such an advertisement includes a disclaimer (such as the statement "This Home does not discriminate on the basis of race, color, religion, national origin, sex, handicap or familial status") it will not violate the Act.

Advertisements containing descriptions of properties (apartment complex with chapel), or services (kosher meals available) do not on their face state a preference for persons likely to make use of those facilities, and are not violations of the Act.

The use of secularized terms or symbols relating to religious holidays such as Santa Claus, Easter Bunny or St. Valentine's Day images, or phrases such as "Merry Christmas", "Happy Easter", or the like does not constitute a violation of the Act.

3. Sex. Advertisements for single family dwellings or separate units in a multi-family dwelling should contain no explicit preference, limitation or discrimination based on sex. Use of the term master bedroom does not constitute a violation of either the sex discrimination provisions or the race discrimination provisions. Terms such as "mother-in-law suite" and "bachelor apartment" are commonly used as physical descriptions of housing units and do not violate the Act.

4. Handicap. Real estate advertisements should not contain explicit exclusions, limitations, or other indications of discrimination based on handicap (i.e., no wheelchairs).

Advertisements containing descriptions of properties (great view, fourth-floor walk-up, walk-in closets), services or facilities (jogging trails), or neighborhoods (walk to bus-stop) do not violate the Act. Advertisements describing the conduct required of residents ("non-smoking", "sober") do not violate the Act.

Advertisements containing descriptions of accessibility features are lawful (wheelchair ramp).

5. Familial status. Advertisements may not state an explicit preference, limitation or discrimination based on familial status. Advertisements may not contain limitations on the number or ages of children, or state a preference for adults, couples or singles. Advertisements describing the properties (two bedroom, cozy, family room), services and facilities (no bicycles allowed) or neighborhoods (quiet streets) are not facially discriminatory and do not violate the Act.

Still not sure what's safe to say or not? Keep the focus on the property and off of people in your ads. Avoid the following:

•Using words or phrases that convey the preference of one group over another. When in doubt, use words that describe features on the property ("near six-mile paved exercise trail through woods") rather than the buyers who might want to use the feature ("great for joggers").

•Describing the dwelling, area, or building residents with words that relate to race, color, religion, age, familial status, or national origin ("Hispanic neighborhood" or "adult building")

•Using catchwords such as "exclusive," "private," or "integrated" that convey preferences for one group over another or send signals about a community's makeup.

•Making references to well-known racial, ethnic, or religious landmarks nearby.

Print Guidelines:

All advertising of residential real estate for sale, rent, or financing should contain an equal housing opportunity logotype, statement, or slogan as a means of educating the homeseeking public that the property is available to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin. The choice of logotype, statement or slogan will depend on the type of media used (visual or auditory) and, in space advertising, on the size of the advertisement.

Equal Housing Opportunity Statement:

"We are pledged to this letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin."

Illustration of Media Notice-Publisher's notice:

"All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis."

Using the Equal Housing Opportunity Logo:

In all space advertising (advertising in regularly printed media such as newspapers or magazines) the following standards should be used:

Size of advertisement

1/2 page or larger.....................................2 x 2
1/8 page up to 1/2 page............................1 x 1
4 column inches to 1/8 page.................1/8 x 1/3
Less than 4 column inches................Do not use

In any other advertisements, if other logotypes are used in the advertisement, then the Equal Housing Opportunity logo should be of a size at least equal to the largest of the other logotypes; if no other logotypes are used, then the type should be bold display face which is clearly visible. Alternatively, when no other logotypes are used, 3 to 5 percent of an advertisement may be devoted to a statement of the equal housing opportunity policy.

In space advertising which is less than 4 column inches (one column 4 inches long or two column 2 inches long) of a page in size, the Equal Housing Opportunity slogan should be used. Such advertisements may be grouped with other advertisements under a caption which states that the housing is available to all without regard to race, color, religion, sex, handicap, familial status, or national origin.

Arizona Landlord Tenant Law

2008-11-05T22:10:00.000-08:00

The Residential Landlord and Tenant Act
[Arizona Revised Statutes Title 33, Chapter 10.]

(Updated with laws effective September 19, 2007)
Chapter 100 (S.B. 1227)
Chapter 231 (S.B. 1255)
(Updates effective September 21, 2006)
Chapter 237 (HB 2124)

This publication is available in PDF. Files require free Adobe Acrobat Reader

Refer to the annotated version of the Arizona Revised Statutes for historical notes (found in your local library) or call the Law Library for historical note information at 602-542-5297.

If I rent, what rights do I have?

If you rent, the Residential Landlord and Tenant Act applies to you. This law explains what rights and responsibilities landlords and tenants have. For example, it explains what to do when a tenant needs a landlord to make repairs and what a landlord needs to do to legally evict a tenant. Free copies of the law are available from the Arizona Secretary of State’s Office in Phoenix, 602-542-4086.

If eviction is a possibility, what else can I do?

Call the Tenant and Landlord Information and Referral Hotline at (602) 263-8856 or 1-(800) 352-3792. Operators can answer basic questions on Arizona’s landlord/tenant law and refer you to other agencies if you need more help, such as help with rent or mortgage payments.

The Residential Landlord and Tenant Act is provided with the understanding that the Secretary of State's office, Public Services Division does not render legal or other professional advice to the end user. As the publisher we simply provide these statutes as required under Arizona law.

The pamphlet explains important points under the Arizona Residential Landlord and Tenant Act. It is an overview of Arizona law, but it does not explain everything in the law that might be important to a specific case. You may pick up a copy of the Landlord Tenant Act or the Mobile Home Parks publication from customer service at the following locations: 14 N. 18 Ave in Phoenix or 400 W. Congress 2nd Floor, Room 252 in Tucson.

Paper copies are available, contact our office, or mail your request by using a form provided online.

Notice: The Public Information Office of the Arizona Supreme Court cannot answer legal questions about the Arizona Residential Landlord Tenant Law or the Arizona Mobile Home Parks Residential Tenant Act. Court employees are prohibited from practicing law; they can provide general assistance, but can't give you legal advice. You are encouraged to take specific landlord/tenant questions or concerns to an attorney.

If legal advice or other expert assistance is required the office suggests contacting the following:

• The Department of Housing offers helpful information on its website for renters.
• The city of Phoenix offers L/T Counseling: call 602-262-7210. Leave your name and number and the service will return your call.
• Maricopa County - Slumlord Hotline: call 602-372-7586. Leave your name and number and the county will return your call. You can also request an anti-slum packet.
• Roach Infestation (Maricopa County): call 602-506-6616.

Assistance Statewide

• Request a "Tenant's Rights" handbook, which explains the law. It is available from the Arizona Attorney General's Office located at 1275 W. Washington Street in Phoenix. Call +16025425025 to request the handbook. Visit the AGs Web site for more information, www.azag.gov
• Request a packet on how to file a civil complaint against a landlord (this civil complaint is not filed with the Attorney General's Office) call +16025425763
• State Bar Association, 602-252-4804 or 1-866-48-AZBAR

Remember, the AG's office cannot answer questions, interpret, or provide legal advice or assistance about the law.

Tenant/Landlord Relations

Tenants and landlords both have responsibilities or obligations under the Arizona Residential Landlord Tenant Law. Free copies of the Act are available from the Arizona Secretary of State at (602)542-4086. Requests for alternate formats for this publication may be made five days in advance by contacting the Secretary of State ADA Coordinator at (602)542-4285.

For assistance with the Arizona Residential Landlord Tenant Law, you may contact:

Community Information and Referral Services, Inc.

(602) 263-8856 (Phoenix area)
(520) 881-1794 (Tucson)
(800) 352-3792 (Northern Arizona)
(800) 362-3474 (Southern Arizona)

Arizona Tenants’ Association

You may obtain general information, in either English or Spanish, free of charge from the Arizona Tenants’ Association, (602) 257-8987. For more assistance in exercising your rights, you may be asked to purchase a membership with the Tenants Association. Memberships vary in price depending on several factors. Specialty services, such as inspections, legal representation, and comprehensive programs, are available at additional cost.

Arizona Federation of Housing Counselors, Inc.

You may also contact this organization, with which the City of Mesa has contracted, at (602) 257-1715. Other areas of the state should call (602) 269-3915.

Assistance in Phoenix:

If you live in the City of Phoenix and need assistance, please call the Landlord/Tenant message line at (602)-262-7210 and a counselor will return your call as quickly as possible.

For emergency situations involving Landlord/Tenant issues, please walk in to:

City Hall
200 West Washington, 4th Floor
8:00 a.m.-5:00 p.m., Monday-Friday

A counselor will assist you with the problem. The City of Phoenix Counseling Office holds monthly workshops on the third Thursday of each month. For reservations, please call (602) 256-3517.

See Also:

• Arizona Mobile Home Parks Landlord and Tenant Act Under Arizona law, the Secretary of State's Office is required to provide an online link to the Act. Landlords are required to provide a written copy of a summary of the Arizona Mobile Home Parks Residential Landlord and Tenant Act to tenants available from the Department of Fire, Building, and Life Safety.

• Laws pertaining to Homeowner's Associations can be found online at the Arizona Legislature's Web page.

Massachusetts - Landlord-Tenant Laws

2008-10-05T16:12:00.000-07:00

Introduction

Live Justice, Legal Assistance Corporation of Central Massachusetts. Great resource for landlord/tenant issues. Offers a free e-mail service to get answers from attorneys for those who qualify (low income or over 60). Site also has a database of previously answered questions that provides answers to questions such as My landlord came into my apartment when I wasn't home. What should I do? and What do I need to do before I start withholding rent?

Laws

Mass. General Laws c.186. Includes many pertinent sections including the following:

Section 14, Quiet Enjoyment Violation
Section 15B, Landlord Entering Premises
Section 16, Restriction Occupancy of Children and many more.

"Psychologically impacted" Properties, MGL c. 93, s.114. Sellers and brokers do not have to disclose to buyers or tenants the fact that a property is perceived to be tainted by the health of a previous occupant, a murder or suicide, or paranormal phenomena. However, they may not be deceitful in answers to questions about the property.

Regulations

105 CMR 410, State Sanitary Code Chapter II: Minimum Standards of Fitness for Habitation. Details all the key requirements for the property, including kitchens, bathrooms, electricity, ceiling height, and much much more.

105 CMR 410.400, Minimum Square Footage Per Person. Is your apartment big enough? Very detailed requirements for space per person.

Other Web Resources

Attorney General's Guide to Landlord-Tenant Rights, (PDF file.) Mass. Attorney General, June 2007. 20-page guide covers terms of a rental agreement, security deposits and other payments, sanitary code requirements, evictions and discrimination.

The Brothel Myth. Urban Legends Reference Page: College, Snopes.com. Explains the history of the myth, but suggests that no proof has ever been produced that a law exists anywhere which prohibits more than four or six unrelated females from living together under a "brothel law." "We routinely hear from students who are convinced their particular university lacks a sorority because of this non-existent law. Their vehemence aside, none have yet produce a copy of the statute they so firmly believe in, an act that would earn their city and institution of higher learning a measure of fame in the world of contemporary lore."

Every Landlord's Legal Guide, Nolo, 2006. Provides an overview of common landlord issues including preparing leases, security deposits, evictions and more.

Every Landlord's Tax Deduction Guide, Nolo, 2007. A plain English tax guide for landlords which includes information on repairs, startup expenses, depreciation and more.

Every Tenant's Legal Guide, Nolo, 2007. Includes information on leases , security deposits, discrimination, privacy, eviction and more.

The Good Neighbors Handbook: A Guide for Boston Landlords and Tenants, City of Boston's Rental Housing Resource Center. A 78-page guide that covers finding an apartment, finding a tenant, roommates, information for students, security deposits, utilities, low-income housing, lodging houses, evictions, condominium conversion, fire and more.

Housing and CORI, Mass. Legal Help. Explains the access of a potential landlord to your criminal history, and how to obtain housing if you have a criminal record. Covers both public and private housing.

Housing Court Frequently Asked Questions. Mass. Housing Court.

How to Be a Landlord in Massachusetts and Avoid Legal Trouble, A. Joseph Ross.

How to Be a Tenant in Massachusetts and Avoid Getting Ripped Off, A. Joseph Ross.

Keep Your Housing: A Guide to Help Massachusetts Tenants with Mental Health Issues Keep Their Housing, Mental Health Legal Advisors Committee, August 2006. Detailed guide to obtaining reasonable accommodation, with forms.

Landlord Rights and Responsibilities, Mass. Office of Consumer Affairs . Includes how to find tenants, security deposits, right of entry, evictions and more.

Leases and Rental Agreements, Nolo, 2005. Includes information on choosing the right tenant, preparing a lease or agreement, getting a tenant moved in, getting a tenant moved out and more.

Negotiate the Best Lease for Your Business, Nolo, 2005. Helps you to better understand leases and how to haggle your way to a good commercial lease for your business.

Renters' Rights: The Basics, Nolo, 2007. Not specific to Massachusetts , includes information on leases and rental agreements, discrimination, roommates, privacy, security deposits and more.

Rights and Duties of Landlords and Tenants, Mass. Bar Association

Roommate Limitations in Boston: Text Amendment No. 346, Boston Zoning Commission, March 13, 2008. Changes the definitions in the Boston Zoning Code, so that five or more unrelated undergraduates may not share an apartment.

Roommates, Nolo.com. Includes articles on renting an apartment with roommates, and adding and subtracting roommates, which discuss the issues in very general terms.

Safe and Sanitary Housing for Massachusetts Residents: Highlights of Chapter II of the State Sanitary Code, Mass. Secretary of the Commonwealth, Citizen Information Service.

Tenant/Landlord Information, Mass. Office of Consumer Affairs

The Tenant's Helper: A Handbook for Renters, 6th edition, Sept. 2006 , City of Somerville. This 66-page book covers the usual information, like security deposits and evictions, but also includes information on discrimination, roommates, and tenants' rights after the sale of a building. Great resource.

Tenants Facing Foreclosure, Mass. Legal Help. "Describes the foreclosure process, how to deal with these new owners, and how foreclosure affects your rights and responsibilities as a tenant." Provides key information, including eviction and how to get your security deposit back.

What Tenants in Foreclosed Buildings Should Know, City of Boston. Provides a list of basic tips and information for tenants.

Connecticut Law About Landlord/Tenant Law

2008-09-18T01:54:00.000-07:00

Note: These lists are not ALL of the rights and responsibilities of landlord and tenant.

1. What are some rights and responsibilities of the landlord and tenant?

Tenant's responsibilities/Landlord's rights:

Pay the rent on time. Must be paid by midnight on the ninth day after the day it is due, or the landlord may start legal proceedings to evict the tenant.

Keep the apartment and the surrounding area clean and in good condition.

Keep noise to a level that will not disturb your neighbors.

Repair any damage occurring to the apartment through the fault of the tenant, family members or guests. Notify landlord at once of major damage.

Give the landlord permission to enter the apartment at reasonable times and with advance notice to inspect it or to make any necessary repairs.

Notify the landlord of any anticipated prolonged absence from the apartment so he or she can keep an eye on things.

When moving out, give landlord proper advance notice. Be sure that the apartment is in the same condition as when the tenant moved in and return the key to the landlord promptly.

Notify the landlord immediately if the apartment needs repair through no fault of the tenant.

For further information view the publication "Rights and Responsibilities of Landlords and Tenants", JDP-HM-31" or (Spanish Version, JDP-HM-31S)

Landlord's responsibilities/Tenant's rights:

1. A clean apartment when the tenant moves in;

2. Clean common areas (hallways, stairs, yards, entryways);

3. Well lit hallways and entryways; and,

4. Properly working plumbing and heating (both hot and cold running water).

2. How do I evict a tenant?

Eviction can be based on the following grounds:

1. Nonpayment of rent;

2. Lapse of time (expiration of lease); or,

3. Nuisance.

For further information on this process, view the publication "A Landlord's Guide to Summary Process (Eviction), JDP-HM-14" or (Spanish Version, JDP-HM-14S), or obtain a copy from the Clerk's Office of any court handling housing matters, or by calling the External Affairs Division at (860) 757-2270. Find your Housing Session location.

3. How do I defend against an eviction action?

For further information on this process, view the publication "A Tenant's Guide to Summary Process (Eviction)", JDP-HM-15 or (Spanish Version, JDP-HM-15S) in Adobe Acrobat PDF, or obtain a copy from the Clerk's Office of any court handling housing matters, or by calling the External Affairs Division at (860) 757-2270. Find your Housing Session location.

4. What courts handle housing matters?

Housing Sessions - Housing sessions are specialized sessions established in certain locations to handle landlord/tenant matters. Find your Housing Session location.

5. What is the interest rate for security deposits?

Interest rates for recent years are as follows:

Year - Rate
2008 - 1.50%
2007 - 1.50%
2006 - 1.50%
2005 - 1.50%
2004 - 1.50%
2003 - 1.50%
2002 - 1.50%
2001 - 2.40%
2000 - 2.20%
1999 - 2.30%
1998 - 2.60%
1997 - 2.80%
1996 - 3.10%
1995 - 2.80%
1994 - 2.50%

July 1, 1993 - 2.90%
October 1, 1992 - 4.00%
October 1, 1982 - 5.25%
October 1, 1973 - 4.00%

Glossary of Legal Terms - Landlord-Tenant

2008-09-05T01:15:00.000-07:00

abandon/abandonment - the tenant's remedy of moving out of a rental unit that is uninhabitable and that the landlord has not repaired within a reasonable time after receiving notice of the defects from the tenant.

amount of notice/amount of advance notice - the number of days' notice that must be given before a change in the tenancy can take effect. Usually, the amount of advance notice is the same as the number of days between rent payments. For example, in a month-to-month tenancy, the landlord usually must give the tenant 30 days' advance written notice that the landlord is increasing the amount of the security deposit.

appeal - a request to a higher court to review a lower court's decision in a lawsuit.

Application for Waiver of Court Fees and Costs - a form that tenants may complete and give to the Clerk of Court to request permission to file court documents without paying the court filing fee.

arbitration - using a neutral third person to resolve a dispute instead of going to court. Unless the parties have agreed otherwise, the parties must follow the arbitrator's decision.

arbitrator - a neutral third person, agreed to by the parties to a dispute, who hears and decides a dispute. An arbitrator is not a judge, but the parties normally must follow the arbitrator's decision (the decision is said to be "binding" on the parties). (See arbitration; compare to mediator.)

assign/assignment - an agreement between the original tenant and a new tenant by which the new tenant takes over the lease of a rental unit and becomes responsible to the landlord for everything that the original tenant was responsible for. The original tenant is still responsible to the landlord if the new tenant doesn't live up to the lease obligations. (See novation; compare to sublease.)

California Department of Fair Employment and Housing - the state agency that investigates complaints of unlawful discrimination in housing and employment.

Claim of Right to Possession - a form that the occupants of a rental unit can fill out to temporarily stop their eviction by the sheriff after the landlord has won an unlawful detainer (eviction) lawsuit. The occupants can use this form only if: the landlord did not serve a Prejudgment Claim of Right to Possession form with the summons and complaint; the occupants were not named in the writ of possession; and the occupants have lived in the rental unit since before the unlawful detainer lawsuit was filed.

credit report - a report prepared by a credit reporting agency that describes a person's credit history for the last seven years (except for bankruptcies, which are reported for 10 years). A credit report shows, for example, whether the person pays his or her bills on time, has delinquent or charged-off accounts, has been sued, and is subject to court judgments.

credit reporting agency - a business that keeps records of people's credit histories, and that reports credit history information to prospective creditors(including landlords). (See also tenant screening service.)

credit score - a numerical summary of a person's credit worthiness that is based on information from a credit reporting agency. Credit scoring uses a statistical program to compare a person's history of bill paying, credit accounts, collection actions and other credit information with the credit performance of other consumers. A high credit score (for example, 750 and up) indicates that a person is a better credit risk, and a low score (for example, 300-400) indicates a potential credit risk.

default judgment - a judgment issued by the court, without a hearing, after the tenant has failed to file a response to the landlord's complaint.

Demurrer - a legal response that a tenant can file in an unlawful detainer lawsuit to test the legal sufficiency of the charges made in the landlord's complaint.

discrimination (in renting) - denying a person housing, telling a person that housing is not available (when the housing is actually available at that time), providing housing under inferior terms, harassing a person in connection with housing accommodations, or providing segregated housing because of a person's race, color, religion, sex (including pregnancy, childbirth or medical conditions related to them, as well as gender and perception of gender), sexual orientation, national origin, ancestry, source of income, age, disability, medical condition, whether the person is married, or whether there are children under the age of 18 in the person's household. Discrimination also can be refusal to make reasonable accommodation for a person with a disability.

dishonored check - a check that the bank returns to the payee (the person who received the check) without paying it. The bank may return the check because the payor's (the check writer's) account did not have enough money to cover the check. This is called a "bounced" or "NSF" check. Or, the bank may return the check because the payor stopped payment on it.

escrow account - a bank account into which a tenant deposits withheld rent, to be withdrawn only when the landlord has corrected uninhabitable conditions in the rental unit or when the tenant is ordered by a court to pay withheld rent to the landlord.

eviction - a court-administered proceeding for removing a tenant from a rental unit because the tenant has violated the rental agreement or lease, or did not comply with a notice ending the tenancy (also called an "unlawful detainer " lawsuit).

eviction notice (or three-day notice) - a three-day notice that the landlord serves on the tenant when the tenant has violated the lease or rental agreement. The three-day notice usually instructs the tenant to either leave the rental unit or comply with the lease or rental agreement (for example, by paying past-due rent) within the three-day period.

fair housing organizations - city or county organizations that help renters resolve housing discrimination problems.

federal stay (or automatic stay) - an order of a federal bankruptcy court that temporarily stops proceedings in a state court, including an eviction proceeding.

guest - a person who does not have the rights of a tenant, such as a person who stays in a transient hotel for fewer than seven days.

habitable - a rental unit that is fit for human beings to live in. A rental unit that substantially complies with building and safety code standards that materially affect tenants' health and safety is said to be "habitable." See uninhabitable and implied warranty of habitability.

holding deposit - a deposit that a tenant gives to a landlord to hold a rental unit until the tenant pays the first month's rent and the security deposit.

implied warranty of habitability - a legal rule that requires landlords to maintain their rental units in a condition fit for human beings to live in. A rental unit must substantially comply with building and housing code standards that materially affect tenants' health and safety. The basic minimum requirements for a rental unit to be habitable are listed in the Dealing With Problems section.

initial inspection - an inspection by the landlord before the tenancy ends to identify defective conditions that justify deductions from the security deposit.

item of information - information in a credit report that causes a creditor to deny credit or take other adverse action against an applicant (such as refusing to rent a rental unit to the applicant).

landlord - a business or person who owns a rental unit, and who rents or leases the rental unit to another person, called a tenant.

lease - a rental agreement, usually in writing, that establishes all the terms of the agreement and that lasts for a predetermined length of time (for example, six months or one year). Compare to periodic rental agreement.

legal aid organizations - organizations that provide free legal advice, representation, and other legal services in noncriminal cases to economically disadvantaged persons.

lock out - when a landlord locks a tenant out of the rental unit with the intent of terminating the tenancy. Lockouts, and all other self-help eviction remedies, are illegal.

lodger - a person who lives in a room in a house where the owner lives. The owner can enter all area occupied by the lodger, and has overall control of the house.

mediation - a process in which a neutral third person meets with the parties to a dispute in order to assist them in formulating a voluntary solution to the dispute.

mediator - a neutral third person, agreed to by the parties to a dispute, who meets with the parties in order to assist them in formulating a voluntary solution to the dispute. The mediator's decision normally is not "binding" on the parties.(See mediation; compare to arbitrator.)

Memorandum to Set Case for Trial - a court document that notifies the parties in an unlawful detainer lawsuit that the case has been set for trial. This document also states whether the plaintiff (the landlord) has requested a jury trial.

Motion to Quash Service of Summons - a legal response that a tenant can file in an unlawful detainer lawsuit if the tenant believes that the landlord did not properly serve the summons and complaint.

negligence - a person's carelessness (that is, failure to use ordinary or reasonable care) that results in injury to another person or damage to another person's property.

novation - in an assignment situation, a novation is an agreement by the landlord, the original tenant, and the new tenant that makes the new tenant (rather than the original tenant) solely responsible to the landlord.

occupant - a person who is not named as a tenant in the rental agreement or lease who has moved into a rental unit before the landlord files an unlawful detainer (eviction) lawsuit. Since the landlord does not know that the occupant is living in the rental unit, the landlord may not name the occupant as a defendant in the unlawful detainer lawsuit.

periodic rental agreement - an oral or written rental agreement that states the length of time between rent payments - for example, a week or a month - but not the total number of weeks or months that the agreement will be in effect.

Prejudgment Claim of Right to Possession - a form that a landlord in an unlawful detainer (eviction) lawsuit can have served along with the summons and complaint on all persons living in the rental unit who might claim to be tenants, but whose names the landlord does not know. Occupants who are not named in the unlawful detainer complaint, but who claim a right to possess the rental unit, can fill out and file this form to become parties to the unlawful detainer action.

prepaid rental listing services - businesses that sell lists of available rental units.

relief from forfeiture - an order by a court in an unlawful detainer (eviction) lawsuit that allows the losing tenant to remain in the rental unit, based on the tenant's convincing the court that the eviction would cause the tenant severe hardship and that the tenant can pay all of the rent that is due, or to otherwise fully comply with the lease.

rent control ordinances - laws in some communities that limit or prohibit rent increases, or that limit the circumstances in which a tenant can be evicted.

rent withholding - the tenant's remedy of not paying some or all of the rent if the landlord does not fix defects that make the rental unit uninhabitable within a reasonable time after the landlord receives notice of the defects from the tenant.

rental agreement - an oral or written agreement between a tenant and a landlord, made before the tenant moves in, which establishes the terms of the tenancy, such as the amount of the rent and when it is due. See lease and periodic rental agreement.

rental application form - a form that a landlord may ask a tenant to fill out prior to renting that requests information about the tenant, such as the tenant's address, telephone number, employment history, credit references, and the like.

rental period - the length of time between rental payments; for example, a week or a month.

rental unit - an apartment, house, duplex, or condominium that a landlord rents to a tenant to live in.

renter's insurance - insurance protecting the tenant against property losses, such as losses from theft or fire. This insurance usually also protects the tenant against liability (legal responsibility) for claims or lawsuits filed by the landlord or by others alleging that the tenant negligently injured another person or property.

repair and deduct remedy - the tenant's remedy of deducting from future rent the amount necessary to repair defects covered by the implied warranty of habitability. The amount deducted cannot be more than one month's rent.

retaliatory eviction or action - an act by a landlord, such as raising a tenant's rent, seeking to evict a tenant, or otherwise punishing a tenant because the tenant has used the repair and deduct remedy or the rent withholding remedy, or has asserted other tenant rights.

security deposit- a deposit or a fee that the landlord requires the tenant to pay at the beginning of the tenancy. The landlord can use the security deposit, for example, if the tenant moves out owing rent or leaves the unit damaged or less clean than when the tenant moved in.

serve/service - legal requirements and procedures that seek to assure that the person to whom a legal notice is directed actually receives it.

sixty-day notice - a written notice from a landlordto a tenant telling the tenant that a periodic tenancy will end in 60 days. A sixty-day notice usually does not have to state the landlord's reason for ending the tenancy.

sublease - a separate rental agreement between the original tenant and a new tenant to whom the original tenant rents all or part of the rental unit. The new tenant is called a "subtenant." The agreement between the original tenant and the landlord remains in force, and the original tenant continues to be responsible for paying the rent to the landlord and for other tenant obligations. (Compare to assignment.)

subpoena - an order from the court that requires the recipient to appear as a witness or provide evidence in a court proceeding.

subtenant - see sublease.

tenancy - the tenant's exclusive right, created by a rental agreement between the landlord and the tenant, to use and possess the landlord's rental unit.

tenant - a person who rents or leases a rental unit from a landlord. The tenant obtains the right to the exclusive use and possession of the rental unit during the lease or rental period.

tenant screening service - a credit reporting agency that collects and sells information on tenants, such as whether they paid their rent on time, whether they damaged previous rental units, whether they were the subject of an unlawful detainer lawsuit, and whether landlords considered them good or bad tenants.

three-day notice - see eviction notice.

thirty-day notice - a written notice from a landlord to a tenant telling the tenant that the tenancy will end in 30 days. A thirty-day notice usually does not have to state the landlord's reason for ending the tenancy.

uninhabitable - a rental unit which has such serious problems or defects that the tenant's health or safety is affected. A rental unit may be uninhabitable if it is not fit for human beings to live in, if it fails to substantially comply with building and safety code standards that materially affect tenants' health and safety, if it contains a lead hazard, or if it is a dangerous substandard building. (Compare to habitable.)

unlawful detainer lawsuit - a lawsuit that a landlord must file and win before he or she can evict a tenant (also called an "eviction" lawsuit).

U.S. Department of Housing and Urban Development - the federal agency that enforces the federal fair housing law, which prohibits discrimination based on sex, race, color, religion, national or ethnic origin, familial status, or handicap.

waive - to sign a written document (a "waiver") giving up a right, claim, privilege, etc. In order for a waiver to be effective, the person giving the waiver must do so knowingly, and must know the right, claim, privilege, etc. that he or she is giving up.

writ of possession - a document issued by the court after the landlord wins an unlawful detainer (eviction) lawsuit. The writ of possession is served on the tenant by the sheriff. The writ informs the tenant that the tenant must leave the rental unit by the end of five days, or the sheriff will forcibly remove the tenant.

Free Credit Reports

2008-08-29T00:58:00.000-07:00

Your Access to Free Credit Reports

The Fair Credit Reporting Act (FCRA) requires each of the nationwide consumer reporting companies — Equifax, Experian, and TransUnion — to provide you with a free copy of your credit report, at your request, once every 12 months. The FCRA promotes the accuracy and privacy of information in the files of the nation’s consumer reporting companies. The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the FCRA with respect to consumer reporting companies.

A credit report includes information on where you live, how you pay your bills, and whether you’ve been sued or arrested, or have filed for bankruptcy. Nationwide consumer reporting companies sell the information in your report to creditors, insurers, employers, and other businesses that use it to evaluate your applications for credit, insurance, employment, or renting a home.

Here are the details about your rights under the FCRA and the Fair and Accurate Credit Transactions (FACT) Act, which established the free annual credit report program.

Q: How do I order my free report?

A: The three nationwide consumer reporting companies have set up a central website, a toll-free telephone number, and a mailing address through which you can order your free annual report.

To order, visit annualcreditreport.com, call 1-877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. The form is on the back of this brochure; or you can print it from ftc.gov/credit. Do not contact the three nationwide consumer reporting companies individually. They are providing free annual credit reports only through annualcreditreport.com, 1-877-322-8228, and Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.

You may order your reports from each of the three nationwide consumer reporting companies at the same time, or you can order your report from each of the companies one at a time. The law allows you to order one free copy of your report from each of the nationwide consumer reporting companies every 12 months.

A Warning About “Imposter” Websites

Only one website is authorized to fill orders for the free annual credit report you are entitled to under law — annualcreditreport.com. Other websites that claim to offer “free credit reports,” “free credit scores,” or “free credit monitoring” are not part of the legally mandated free annual credit report program. In some cases, the “free” product comes with strings attached. For example, some sites sign you up for a supposedly “free” service that converts to one you have to pay for after a trial period. If you don’t cancel during the trial period, you may be unwittingly agreeing to let the company start charging fees to your credit card.

Some “imposter” sites use terms like “free report” in their names; others have URLs that purposely misspell annualcreditreport.com in the hope that you will mistype the name of the official site. Some of these “imposter” sites direct you to other sites that try to sell you something or collect your personal information.

Annualcreditreport.com and the nationwide consumer reporting companies will not send you an email asking for your personal information. If you get an email, see a pop-up ad, or get a phone call from someone claiming to be from annualcreditreport.com or any of the three nationwide consumer reporting companies, do not reply or click on any link in the message. It’s probably a scam. Forward any such email to the FTC at spam@uce.gov.

Q: What information do I need to provide to get my free report?

A: You need to provide your name, address, Social Security number, and date of birth. If you have moved in the last two years, you may have to provide your previous address. To maintain the security of your file, each nationwide consumer reporting company may ask you for some information that only you would know, like the amount of your monthly mortgage payment. Each company may ask you for different information because the information each has in your file may come from different sources.

Q: Why do I want a copy of my credit report?

A: Your credit report has information that affects whether you can get a loan — and how much you will have to pay to borrow money. You want a copy of your credit report to:

make sure the information is accurate, complete, and up-to-date before you apply for a loan for a major purchase like a house or car, buy insurance, or apply for a job.

Help guard against identity theft. That’s when someone uses your personal information like your name, your Social Security number, or your credit card number to commit fraud.

Identity thieves may use your information to open a new credit card account in your name. Then, when they don’t pay the bills, the delinquent account is reported on your credit report. Inaccurate information like that could affect your ability to get credit, insurance, or even a job.

Q: How long does it take to get my report after I order it?

A: If you request your report online at annualcreditreport.com, you should be able to access it immediately. If you order your report by calling toll-free 1-877-322-8228, your report will be processed and mailed to you within 15 days. If you order your report by mail using the Annual Credit Report Request Form, your request will be processed and mailed to you within 15 days of receipt.

Whether you order your report online, by phone, or by mail, it may take longer to receive your report if the nationwide consumer reporting company needs more information to verify your identity.

There also may be times when the nationwide consumer reporting companies receive a high volume of requests for credit reports. If that happens, you may be asked to re-submit your request. Or, you may be told that your report will be mailed to you sometime after 15 days from your request. If either of these events occurs, the nationwide consumer reporting companies will let you know.

Q: Are there any other situations where I might be eligible for a free report?

A: Under federal law, you’re entitled to a free report if a company takes adverse action against you, such as denying your application for credit, insurance, or employment, and you ask for your report within 60 days of receiving notice of the action. The notice will give you the name, address, and phone number of the consumer reporting company. You’re also entitled to one free report a year if you’re unemployed and plan to look for a job within 60 days; if you’re on welfare; or if your report is inaccurate because of fraud, including identity theft. Otherwise, a consumer reporting company may charge you up to $10.50 for another copy of your report within a
12-month period.

To buy a copy of your report, contact:

Equifax:1-800-685-1111; equifax.com
Experian: 1-888-397-3742; experian.com
TransUnion: 1-800-916-8800; transunion.com

Under state law, consumers in Colorado, Georgia, Maine, Maryland, Massachusetts, New Jersey, and Vermont already have free access to their credit reports.

Q: Should I order a report from each of the three nationwide consumer reporting companies?

A: It’s up to you. Because nationwide consumer reporting companies get their information from different sources, the information in your report from one company may not reflect all, or the same, information in your reports from the other two companies. That’s not to say that the information in any of your reports is necessarily inaccurate; it just may be different.

Q: Should I order my reports from all three of the nationwide consumer reporting companies at the same time?

A: You may order one, two, or all three reports at the same time, or you may stagger your requests. It’s your choice. Some financial advisors say staggering your requests during a 12-month period may be a good way to keep an eye on the accuracy and completeness of the information in your reports.

Q: What if I find errors — either inaccuracies or incomplete information — in my credit report?

A: Under the FCRA, both the consumer reporting company and the information provider (that is, the person, company, or organization that provides information about you to a consumer reporting company) are responsible for correcting inaccurate or incomplete information in your report. To take full advantage of your rights under this law, contact the consumer reporting company and the information provider.

Tell the consumer reporting company, in writing, what information you think is inaccurate.

Consumer reporting companies must investigate the items in question — usually within 30 days — unless they consider your dispute frivolous. They also must forward all the relevant data you provide about the inaccuracy to the organization that provided the information. After the information provider receives notice of a dispute from the consumer reporting company, it must investigate, review the relevant information, and report the results back to the consumer reporting company. If the information provider finds the disputed information is inaccurate, it must notify all three nationwide consumer reporting companies so they can correct the information in your file.

When the investigation is complete, the consumer reporting company must give you the written results and a free copy of your report if the dispute results in a change. (This free report does not count as your annual free report under the FACT Act.) If an item is changed or deleted, the consumer reporting company cannot put the disputed information back in your file unless the information provider verifies that it is accurate and complete. The consumer reporting company also must send you written notice that includes the name, address, and phone number of the information provider.

Tell the creditor or other information provider in writing that you dispute an item. Many providers specify an address for disputes. If the provider reports the item to a consumer reporting company, it must include a notice of your dispute. And if you are correct — that is, if the information is found to be inaccurate — the information provider may not report it again.

Q: What can I do if the consumer reporting company or information provider won’t correct the information I dispute?

A: If an investigation doesn’t resolve your dispute with the consumer reporting company, you can ask that a statement of the dispute be included in your file and in future reports. You also can ask the consumer reporting company to provide your statement to anyone who received a copy of your report in the recent past. You can expect to pay a fee for this service.

If you tell the information provider that you dispute an item, a notice of your dispute must be included any time the information provider reports the item to a consumer reporting company.

Q: How long can a consumer reporting company report negative information?

A: A consumer reporting company can report most accurate negative information for seven years and bankruptcy information for 10 years. There is no time limit on reporting information about criminal convictions; information reported in response to your application for a job that pays more than $75,000 a year; and information reported because you’ve applied for more than $150,000 worth of credit or life insurance. Information about a lawsuit or an unpaid judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer.

Q: Can anyone else can get a copy of my credit report?

A: The FCRA specifies who can access your credit report. Creditors, insurers, employers, and other businesses that use the information in your report to evaluate your applications for credit, insurance, employment, or renting a home are among those that have a legal right to access your report.

Q: Can my employer get my credit report?

A: Your employer can get a copy of your credit report only if you agree. A consumer reporting company may not provide information about you to your employer, or to a prospective employer, without your written consent.

For More Information

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To learn more about credit issues and protecting your personal information, visit ftc.gov/credit.

To file a complaint or to get free information on other consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

Know your rights when you rent a house or apartment

2008-08-26T07:38:00.000-07:00

1. Bring your paperwork. The best way to win over a prospective landlord is to be prepared. Bringing the following information when you meet prospective landlords will give you a competitive edge over other applicants: a completed rental application; written references from landlords, employers, friends and colleagues; and a current copy of your credit report (see "How to Get a Copy of Your Credit Report" ).

2. Review the lease. Carefully review all of the conditions of the tenancy before you sign on the dotted line. Your lease or rental agreement may contain a provision that you find unacceptable -- for example, restrictions on guests, pets, design alterations, or running a home business.

3. Get everything in writing. To avoid disputes or misunderstandings with your landlord, get everything in writing. Keep copies of any correspondence and follow up an oral agreement with a letter, setting out your understandings. For example, if you ask your landlord to make repairs, put your request in writing and keep a copy for yourself. If the landlord agrees orally, send a letter confirming this.

4. Protect your privacy rights. Next to disputes over rent or security deposits, one of the most common and emotion-filled misunderstandings arises over the tension between a landlord's right to enter a rental unit and a tenant's right to be left alone. If you understand your privacy rights (for example, the amount of notice your landlord must provide before entering), it will be easier to protect them.

5. Demand repairs. Know your rights to live in a habitable rental unit -- and don't give them up. The vast majority of landlords are required to offer their tenants livable premises, including adequate weatherproofing; heat, water, and electricity; and clean, sanitary, and structurally safe premises. If your rental unit is not kept in good repair, you have a number of options, ranging from withholding a portion of the rent, to paying for repairs and deducting the cost from your rent, to calling the building inspector (who may order the landlord to make repairs), to moving out without liability for your future rent.

6. Talk to your landlord. Keep communication open with your landlord. If there's a problem -- for example, if the landlord is slow to make repairs -- talk it over to see if the issue can be resolved short of a nasty legal battle.

7. Purchase renters' insurance. Your landlord's insurance policy will not cover your losses due to theft or damage. Renters' insurance also covers you if you're sued by someone who claims to have been injured in your rental due to your carelessness. Renters' insurance typically costs $350 a year for a $50,000 policy that covers loss due to theft or damage caused by other people or natural disasters; if you don't need that much coverage, there are cheaper policies.

8. Protect your security deposit. To protect yourself and avoid any misunderstandings, make sure your lease or rental agreement is clear on the use and refund of security deposits, including allowable deductions. When you move in, do a walk-through with the landlord to record existing damage to the premises on a move-in statement or checklist.

9. Protect your safety. Learn whether your building and neighborhood are safe, and what you can expect your landlord to do about it if they aren't. Get copies of any state or local laws that require safety devices such as deadbolts and window locks, check out the property's vulnerability to intrusion by a criminal, and learn whether criminal incidents have already occurred on the property or nearby. If a crime is highly likely, your landlord may be obligated to take some steps to protect you.

10. Deal with an eviction properly. Know when to fight an eviction notice -- and when to move. If you feel the landlord is clearly is the wrong (for example, you haven't received proper notice, the premises are uninhabitable), you may want to fight the eviction. But unless you have the law and provable facts on your side, fighting an eviction notice can be short-sighted. If you lose an eviction lawsuit, you may end up hundreds (even thousands) of dollars in debt, which will damage your credit rating and your ability to easily rent from future landlords..

Your Rights as a Tenant - Credit, Repairs & Privacy

2008-08-21T08:18:00.000-07:00

If you were rejected because the landlord received negative information about you, including information from previous landlords, your employer, your bank or other third parties, you have a right to know why.

Under the federal Fair Credit Reporting Act a landlord has to tell you if the rejection was based on negative credit information that came from a source other than your credit report.

The federal Fair Credit Reporting Act also requires a landlord to tell you that, during the sixty days after he or she informs you that there was negative credit information, you may submit a written request for disclosure of the negative information.

After receiving your request for disclosure of the negative information, the landlord must tell you "the nature of the information," within a "reasonable time." The law does not indicate how much detail the landlord must give you.

You have a right to "habitable" premises. This is a fancy way of saying the apartment or house you are renting is fit to be lived in. Don't compromise on this right. You have a right not to live in a hovel. Most states do not let a landlord put language in the lease stating that you "waive" the right (that is, give it up).

The following conditions could make premises "uninhabitable."

Unsafe conditions, such as holes in the floor, plaster coming down from the ceiling, bad wiring, and the like.

Gross infestation of vermin such as cockroaches or mice.

You have a right to privacy. Your landlord cannot come into your apartment or house without prior permission unless there is a true emergency like a fire or a flood in the bathroom.

The landlord must give you advance notice before coming into your apartment for other reasons, like making repairs or showing the unit to a potential tenant. Some states have laws that regulate these entries and set forth rules on how much advance notice the landlord must give, and whether the landlord must tell you what time he or she will enter and why.

Your landlord cannot require a deposit that exceeds a limit set by your state's law. Not all states have an upper limit, however. Also, the statute may allow different limits depending on your age (a lower limit for senior citizens, for example), whether you have a pet or waterbed, the length of your lease, or other factors.

A landlord must treat tenants equally on deposit requirements. If you are required to provide a larger deposit than one of your neighbors, you have the right to know why.

In many states the landlord must return the deposit to you at the end of the lease term with interest set by a statute.

Many states also have a statute stating how much time a landlord may take to return your deposit after you move out (usually thirty days).

If the entire deposit is not returned, your landlord must send you an itemized list of how the money was spent. Common conditions that lead to reduced deposit refunds include:

Repairs to damages on the premises beyond mere wear and tear;

Cleaning to restore the premises to the condition they were in at the beginning of your lease (beyond normal wear and tear); and

Unpaid rent

Tip: Take pictures of the apartment when you first move in, especially areas that may be damaged already, and take the same picture when you move out. Save the receipts for developing the film so you know which is which and can establish the date on which you took the pictures. Or make videotape.

See also: Your Rights as a Tenant - Landlord-Tenant Law

Your Rights as a Tenant - Landlord-Tenant Law

2008-08-20T16:56:00.000-07:00

If your application to rent an apartment is rejected, you have a right to know why. It is illegal for a landlord to refuse your rental application for discriminatory reasons. Federal law prohibits discrimination on the basis of:

1. Race
2. Color
3. Religion
4. National origin
5. Sex
6. Age
7. Familial status (including not allowing children, discrimination against pregnant women)
8. Physical disability
9. Mental disability (including alcoholism and past drug addiction)

States and many cities have similar housing laws, and yours may prohibit other kinds of discrimination, including:

Marital status
Sexual orientation

Federal housing law prohibits a variety of discriminatory conduct:

1. Advertising cannot contain any statement indicating a preference or limitation based on any of the protected classes listed above.

2. The landlord may not make any similar implication or statement.

3. A landlord cannot say that an apartment is not available when in fact it is available.

4. A landlord cannot use a different set of rules for assessing applicants belonging to a protected class.

5. A landlord cannot refuse to rent to persons in a protected class.

6. A landlord cannot provide different services or facilities to tenants in a protected class or require a larger deposit, or treat late rental payments differently.

7. A landlord cannot end a tenancy for a discriminatory reason.

8. A landlord cannot harass you.

Note: The federal housing statutes do not apply to all rental property. The main exceptions are owner-occupied buildings with four or fewer rental units (e.g., a duplex), housing offered by religious groups or private organizations for their members, housing designated for senior citizens, and single-family housing being rented without discriminatory advertising or a real estate broker.

A landlord cannot refuse to rent to you because of a "no pets" policy if you have a trained helper animal, such as a seeing-eye dog, or a dog that helps you negotiate with a physical or mental disability. If the landlord does refuse, he or she has violated federal law, including the Americans with Disabilities Act.

Example: A jury in Minneapolis, Minnesota, recently awarded large damages to a man who was grief-stricken after his son's murder and had begun taking care of his son's dog at the suggestion of his therapist. Before he started taking care of the dog he was severely depressed and not functioning normally. The jury concluded that enforcing the landlord's no-pets policy under those circumstances was a form of disability discrimination.

See also: Your Rights as a Tenant - Credit, Repairs & Privacy

Legal Dictionary: Landlord / Tenant Law

2008-08-20T16:37:00.000-07:00

Landlord-Tenant Relationships

Landlord / tenant law covers all legal aspects of the relationship between an owner of real property (landlord) who, through a lease or rental agreement, promises to rent all or a portion of the property to another person (tenant). Legal issues that can arise within the landlord / tenant relationship include unlawful lease provisions, improper maintenance of property, liability for tenants' injuries, evictions, and wrongful withholding of security deposits. Landlord / tenant issues are governed almost exclusively by state statutes that apply specifically to the landlord-tenant relationship. The following are but brief examples of the landlord-tenant relationship, laws and your rights.

Federal Law Regarding Lead Paint

Under federal law, rental housing must be free of lead-based paint. It is more typical in older buildings, and up to 75 percent of the housing stock is still affected by it. No matter how old or new the premises are, watch for chipping paint, peeling paint, flaking paint, and paint dust.

Warning: Lead-based paint is extremely dangerous to small children and pets, causing damage to the central nervous system. Crawling and toddling children interact with their environments by putting things in their mouths, and paint dust is easily inhaled. The consequences for your children could include diminished IQs, learning disabilities, Attention Deficit Hyperactivity Disorder (ADD/ADHD), mental retardation, and brain damage.

Legal Action - Landlord/Tenant

You have several legal rights if your landlord takes action against you for nonpayment of rent or a breach of the lease. Generally, your rights relate to having proper notice of the proceedings against you, a chance to make good on the unpaid rent or to repair your breach of the lease, and rights to appeal. If you are worried that you may be evicted, you may want to discuss the situation with a lawyer or a local tenants' association.

You also have a right to take legal action against your landlord for breach of contract if he or she breaches the lease, fails to return your deposit, takes unwarranted deductions from your deposit, or fails to make repairs. Before proceeding, you will want to discuss your options with a lawyer.

"California Tenants - A Guide to Residential Tenants' and Landlords' Rights and Responsibilities"

2008-08-19T17:07:00.000-07:00

Dear Reader:

For most of us, where we live is the most significant consumer decision we make, and our housing costs are the biggest part of our budget. Our home is where we spend much of our time, and we want it to be hassle-free!

Move-in day marks the beginning of an important relationship between a tenant and a landlord. To help tenants and landlords manage their rental-housing responsibilities, we're pleased to provide the Department of Consumer Affairs' practical "California Tenants" guide.

The "California Tenants" booklet is a practical resource for both tenants and landlords. We've provided information about rental applications, unlawful discrimination, security deposits, repair responsibilities, rent increases, termination of leases, and eviction notices. We've included an inventory checklist for use before moving in, and again when moving out.

If you need additional assistance, we've also provided a comprehensive list of resources in communities throughout the Golden State.

We hope you find "California Tenants" helpful. You can get more information by visiting the Department's Web site at www.dca.ca.gov or by calling 1-800-952-5210.

What should a tenant do if his or her apartment needs repairs? Can a landlord force a tenant to move? How many days' notice does a tenant have to give a landlord before the tenant moves? Can a landlord raise a tenant's rent? California Tenants - A Guide to Residential Tenants' and Landlords' Rights and Responsibilities answers these questions and many others.

Whether the tenant is renting a room, an apartment, a house, or a duplex, the landlord-tenant relationship is governed by federal, state, and local laws. This booklet focuses on California laws that govern the landlord-tenant relationship, and suggests things that both the landlord and tenant can do to make the relationship a good one. Although the booklet is written from the tenant's point of view, landlords can also benefit from its information.

Tenants and landlords should discuss their expectations and responsibilities before they enter into a rental agreement. If a problem occurs, the tenant and landlord should try to resolve the problem by open communication and discussion. Honest discussion of the problem may show each party that he or she is not completely in the right, and that a fair compromise is in order.

If the problem is one for which the landlord is responsible, the landlord may be willing to correct the problem or to work out a solution without further action by the tenant. If the problem is one for which the tenant is responsible (see Dealing with Problems), the tenant may agree to correct the problem once the tenant understands the landlord's concerns. If the parties cannot reach a solution on their own, they may be able to resolve the problem through mediation or arbitration (see Arbitration and Mediation). In some situations, a court action may provide the only solution.

The Department of Consumer Affairs hopes that tenants and landlords will use this booklet's information to avoid problems in the first place, and to resolve those problems that do occur.

California Department of Consumer Affairs

Servicemembers Civil Relief Act - Landlord-Tenant

2008-08-16T08:34:00.000-07:00

Know Your Rights Under the Servicemembers Civil Relief Act

On 19 December 2003, President Bush signed into law the “Servicemembers Civil Relief Act” (SCRA). This law is a complete revision of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) which provided a number of significant protections to servicemembers.

While protecting the United States during the war on terrorism, some servicemen and servicewomen may face difficulty in meeting certain financial obligations at home, such as rent or mortgage payments, if they are activated for military duty. HUD has taken steps to ensure that service members protecting our country do not suffer the added burden of worrying about the loss of a home.

Military personnel should learn about the SCRA and the protections and benefits it provides for themselves and their families. The SCRA can provide many forms of relief to military members. Below are some of the most common forms of relief.

1. Mortgage Relief

2. Termination of Leases

3. Protection From Eviction.

4. 6-Percent Cap on Interest Rates

5. Stay of Proceedings

6. Reopening Default Judgments

The SCRA actually provides many more protections than those listed above, and the Supreme Court has ruled the SCRA must be read with "an eye friendly to those who dropped their affairs to answer their country's call." Military legal assistance attorneys are available to provide guidance on the SCRA.

The Lease: Landlord-Tenant agreement

2008-08-16T08:19:00.000-07:00

The laws may vary in each jurisdiction. Consult with an Attorney or the laws in your local jurisdiction.

Renters are bound either by a written or oral agreement.

Written agreement

Written agreements are more common and better protect the tenant and the landlord. A lease for one year or more must be written and signed by the tenant and landlord.

When a lease is signed by both parties, it becomes a binding legal contract. If any party does not fulfill the terms of the lease, the person who defaults can be sued, which can be expensive.

A tenant is not excused from honoring a lease simply because he does not understand it or did not read it.

When considering a written lease agreement, tenants should:

Read the entire contract and ask questions or obtain a legal opinion about unclear provisions.

Ask for changes. If tenants dislike certain provisions in the lease, they have the right to ask landlords to amend the lease with written changes. However if a landlord refuses, which he has a right to do, a tenant must decide whether to sign the lease. If changes are made, both the tenant and landlord should initial the changes.

Do not rely on verbal statements. All promises and agreements should be in writing for your protection.

Basic lease provisions

At a minimum the lease should include:

1. Landlord's name, address and phone number.
2. Address of rental property.
3. Amount of monthly rent.
4. Rent due date and grace period (if any).
5. Amount of security deposit and conditions for its return.
6. Length of lease.

Other questions

Before renting, tenants might get other questions answered or address them in the lease:

1. Who will pay for electricity, gas and water?
2. What repairs and cleaning will the landlord do?
3. What is the policy on keeping pets?
4. Are fees charged for late payments?
5. Who takes cares of the yard and removes snow?
6. Oral agreement

An oral agreement obligates the landlord and tenant for only one month. A landlord can evict the tenant or raise rent with only one month's notice. Likewise, the tenant can give notice to vacate on one month's notice.

(One month's notice means a full calendar month, and must include a full rental period. For example: If your rent is due on the third day of the month, your rental period runs from the third of the month to the third of the following month.)

The tenant or landlord must give written notice to terminate the tenancy. Oral notice from either party to the other is not valid.

Conditions that allow a landlord to terminate a lease.

A landlord can end a lease:

1. When a tenant doesn't pay rent.
2. At the end of a written lease.
3. When a tenant damages property.
4. When a tenant violates a condition of a written lease.
5. When a tenant is involved in criminal activity.

Expiration of lease

Leases specify a date on which the tenant must move. Neither the landlord nor the tenant is required to give notice.

Some leases contain an automatic renewal clause. These are automatically renewed unless the tenant notifies the landlord that he will move when the lease ends.

Any agreement between a tenant and landlord allowing the tenant to stay after the lease ends should be in writing. Otherwise if there is a disagreement, the tenant may be charged double rent.

Military personnel provisions

Active-duty members of the armed forces may terminate a lease with 15 days' notice if they:

1. Receive a permanent change of station.

2. Receive temporary duty orders to a station at least 25 miles away for 90 days or more.

3. Are discharged or released from active duty.

4. Are ordered to live in government-supplied quarters.

5. Under these conditions, a tenant is entitled to a full refund of the security deposit if other lease provisions have been met. Tenants who are military personnel may have additional rights under the Service Members Civil Relief Act.

Missouri - 1997 Landlord-Tenant law provisions

2008-08-15T13:07:00.000-07:00

Laws approved in 1997 offer greater protection for tenants renting from unresponsive landlords as well as more options for landlords to get rid of drug dealers and destructive tenants. Among the provisions:

1. Authorizes county courts to order quick removal of tenants involved in drug-related criminal activity or violence, even when there is no arrest. Prior written notice is not required to remove a tenant.

2. Allows landlords to remove abandoned personal items once they have complied with notice requirements.

3. Makes a landlord guilty of forcible entry for willfully interrupting utility service, unless it is done for health and safety reasons.

4. Allows a landlord to double the rent when a tenant lets another person take over the premises without the landlord's permission.
Limits occupancy to two persons per bedroom except for children born during the lease period.

5. Allows a tenant, under certain circumstances and after giving a landlord 14 days' notice, to deduct one-half month's rent or up to $300 (whichever is greater) for repair of code violations when a landlord neglects property. This can be done once a year.

6. Requires a landlord to give 60 days' notice before terminating leases for mobile home lots when the lease is for less than one year.

Missouri State statutes

Chapters 441, 534 and 535 in the Missouri Revised Statutes address landlord-tenant issues.

General obligations of landlords and tenants - Landlord-Tenant

2008-08-15T12:56:00.000-07:00

Landlord-tenant disputes are a common occurrence in the renting process, and many could be avoided if both parties were aware of their rights and responsibilities.

General obligations of tenants

Tenants should:

1. Pay rent on time.

2. Use reasonable care and not damage property.

3. Properly dispose of garbage.

4. Refrain from taking on additional occupants or subleasing without the landlord's written permission.

General obligations of landlords

Landlords should:

1. Make property habitable before tenants move in.

2. Make and pay for repairs due to ordinary wear and tear.

3. Refrain from turning off a tenant's water, electricity or gas.

4. Provide written notice to tenants when ownership of the property is transferred to a new landlord.

5. Not unlawfully discriminate.

Put it in writing

The best way to avoid later problems is to address issues in a lease. Put it in writing who has to mow the lawn, fix a clogged sink or pay the utility bills.

The California Unruh Act - Landlord-Tenant

2008-08-14T13:29:00.000-07:00

General Information about the UNRUH CIVIL RIGHTS ACT

What is the Unruh Civil Rights Act?

The Unruh Civil Rights Act, California Civil Code sections 51through 51.3, provides protection from discrimination by all business establishments in California, including housing and public accommodations. California Civil Code section 51(b) describes the protections found under the Unruh Act.

Civil Rights Act:

All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, or medical condition are entitled to the full and equal accommodations, advantages facilities, privileges, or services in all business establishments of every kind whatsoever. Civil Code section 51(b)

Who is Protected?

The language of the Unruh Civil Rights Act (see above) specifically outlaws discrimination in housing and public accommodations based on sex, race, color, religion, ancestry, national origin, disability, or medical condition. While the Unruh Civil Rights Act specifically lists “sex, race, color, religion, ancestry, national origin, disability, or medical condition” as protected classes, the California Supreme Court has held that protections under the Unruh Act are not necessarily restricted to these characteristics.

The Act is meant to cover all arbitrary and intentional discrimination by a business establishment on the basis of personal characteristics similar to those listed above.

What Businesses Are Covered?

This law requires "Full and equal accommodations, advantages, facilities, privileges or services in all business establishments." This includes but is not limited to:

• Hotels and Motels
• Non-Profit Organizations
• Restaurants
• Theaters
• Hospitals
• Barber and Beauty Shops
• Housing Accommodations
• Public Agencies
• Retail Establishments

What Remedies are Available for Victims of Discrimination?

This law provides for a variety of remedies that may include:

• Out-Of-Pocket Expenses
• Cease and Desist Orders
• Damages for Emotional Distress
• Exemplary Damages

Court-ordered damages may include a maximum of three times the amount of the victim’s actual damages.

What Should Victims Do?

Persons who believe they have experienced discrimination may file a DFEH complaint. Complaints must be filed within one year of the alleged discrimination. Persons wishing to file directly in court do not need a "Right-to-Sue" letter from the Department of Fair Employment and Housing.

Contact the Department toll-free at (800) 884-1684 or (TTY) (800) 700-2320 to speak with a representative, or visit our Internet site at www.dfeh.ca.gov.

Discrimination - Landlord-Tenant

2008-08-14T11:41:00.000-07:00

Fair Housing: You Are Protected Under California Law

California law prohibits discrimination and harassment in all aspects of housing!

You may not discriminate against a prospective tenant or homeowner because of that person’s:

• Race or color
• Ancestry or national origin
• Sex
• Marital status
• Source of income • Sexual Orientation
• Familial status (households with children under 18 years of age)
• Religion
• Mental/Physical Disability
• Medical Condition
• Age

The State Department of Fair Employment and Housing (DFEH) enforces California laws that provide protection and monetary relief to victims of unlawful housing practices. The Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment in housing practices, including:

• Advertising
• Application and selection proccess
• Unlawful evictions
• Terms and conditions of tenancy
• Privileges of occupancy
• Mortgage loans and insurance
• Public and private land use practices (zoning)
• Unlawful restrictive covenants

In addition, the FEHA requires housing providers to make reasonable accommodation in rules, policies, practices and services to permit persons with disabilities to use and enjoy a dwelling. The law also allows persons with disabilities, at their own expense, to make reasonable modifications of the premises.

Available Relief for Victims

Remedies for victims of unlawful housing practices include:

1. the housing previously denied;
2. reimbursment;
3. of out-of-pocket expenses;
4. cease and desist orders;
5. reasonable attorney fees and costs;
6. civil penalties; and
7. court-ordered punitive damages.

What Should You Do?

1. If you believe you have been a victim of illegal discrimination or harassment, you should write down as much information as possible about the situation or incident and contact the California Department of Fair Employment and Housing. Gather all related records, documents, receipts, and correspondence.

2. A complaint can be filed within one year of the act of discrimination or harassment. An attorney is not required, and there is no fee for the Department’s services.

All languages can be accommodated.

Call our Housing Unit TOLL FREE at: 1-800-233-3212
Hearing-Impaired Relay Service: 1-800-700-2320 or visit our website at:

www.dfeh.ca.gov

The law protects you against retaliation for filing a complaint with the Department, for participating in a Department investigation, or for opposing any activity prohibited by the FEHA.

3. If it is not appropriate to file a complaint, the Department may, when appropriate, refer you to another agency for assistance with your concerns. You may be referred to the State of California Department of Consumer Affairs (DCA) for information and assistance in settling landlord/tenant disputes.

DCA can be reached by calling:

Call TOLL FREE at: 1-800-952-5210 or visit their website at: www.dca.ca.gov

Security Deposits - Landlord-Tenant

2008-08-14T10:58:00.000-07:00

Note: These GUIDELINES apply mainly to lease terms of 1 year or more. Each state may have different laws. Generally, "Short Term" lease agreements do not apply. Short Term may be defined as a Seasonal Rental (Winter, Summer, Weekly etc), student housing (semester), dormitories, hotels or rooming houses.

One of most important things to do when you leave an apartment (or other rental) is to do a walk through with the owner or property manager. Take pictures when you leave and both agree to any damages or to the condition of the rental. BEFORE you move in, a walk through should be done (pictures) and note any damages and condition of the rental. The move-in list should be referred to when you leave.

TO GET BACK YOUR SECURITY DEPOSIT - RETURN THE KEYS (avoid a fee); give the landlord your forwarding address (failure to do so may void any "time" rights you have). Use common sense and leave the rental at least "broom clean". If you do not have time to clean, hire a cleaning service. Ask the landlord if they have a cleaning service that they use or suggest.

Alabama: No statutory deadline.

Alaska: 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice.

Arizona: 14 days

Arkansas: 30 days

California: Under Civil Code Section 1950.5, the landlord can charge no more than 2 months' rent for an unfurnished apartment as a security deposit, and 3 months for a fully furnished unit. Within 21 days after you leave the unit, the landlord must refund your full deposit, except for limited deductions.

Colorado: Colorado law requires the landlord return the security deposit or an itemized statement of the deductions and balance, if any, to the tenant within 30 days after termination of the lease or the surrender and acceptance of the premises, whichever occurs last. This time period may be extended up to sixty days if specified in the lease. The landlord must either deliver or mail the full deposit or a statement of deductions and the balance of the deposit to the last known address of the tenant. If the landlord fails to provide a written statement of deductions and the balance of the deposit in full within the specified time, the landlord forfeits his right to withhold any portion of the security deposit.

Connecticut: 30 days, or within 15 days of receiving tenant's forwarding address, whichever is later. The landlord may be responsible for up to double the amount of the security deposit for failing to return the deposit.

Delaware: If the landlord is not entitled to all or any portion of the security deposit, the landlord shall remit the security deposit within 20 days of the expiration or termination of the rental agreement. Pet Deposit OK up to 1 month.

District of Columbia: 45 days

Florida: 15 to 45 days depending on whether tenant disputes deductions.

Georgia: One month

Hawaii: 14 days

Idaho: 21 days, or up to 30 days if landlord and tenant agree.

Illinois: 30-45 days depending on whether deductions were made. Also depends on city (Chicago, Evanston etc). Single condo units are exempt.

Evanston: landlords must comply within 21 days to avoid penalties based on the improperly withheld amount. Oak Park tenants in units with four or more apartments also have special rights.

Indiana: 45 days

Iowa: 30 days

Kansas: The security deposit can be one month's rent for an unfurnished apartment; 1 1/2 month's for furnished and an added 1/2 month's for pets. The landlord must return the deposit within 30 days or the remainder of the deposit and an itemized list of deductions. If he or she doesn't comply, tenants may sue for 1 1/2 times the security deposit in small claims court if the amount is less than $1,800.

Kentucky: 30-60 days depending on whether tenant disputes deductions
Many landlords require a deposit equal to one month's rent. The landlord must keep all tenant's deposit money together in a separate account used only for that purpose. Such account may be in any bank or other lending institution subject to regulation by the Commonwealth of Kentucky or by any agency of the United States government. In addition, each tenant must be informed as a part of the lease agreement of the account's location and number (KRS 383.580).

Louisiana: 30 days - in Louisiana called the "Lessee's Deposit Law," that says a landowner must return your deposit within 30 days of the date you move out. If any part of a deposit is not returned, the landowner must send you a list of the things you are being charged for and the rest of the deposit. A deposit may be kept for unreasonable wear to the apartment. The act penalizes the willful failure of the landowner to obey the law by permitting the tenant the right to recover actual damages or $200, whichever is greater. Failure to remit within 30 days of a tenant's written demand for a refund shall be constitute willful failure. The judge may award costs and lawyer's fees to the side that wins if you take the landowner to Court. The law says you cannot give up, or waive, this right, even in a lease.

Maine: 21 days (tenancy at will) or 30 days (written rental agreement).

Maryland: 30-45 days depending on whether tenant has been evicted or has abandoned the premises.

Massachusetts: 30 days

Michigan: 30 days

Minnesota: Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation.

Mississippi: 45 days

Missouri: Under Missouri law, a landlord can only require a maximum two months' rent as a security deposit. At the end of the lease, the landlord has 30 days to return the security deposit with an itemized list of damages for which any portion of the deposit is kept. During that 30-day period, the landlord must notify the tenant of the time and date when the landlord plans to inspect the dwelling.

Montana: 30 days

Nebraska: 14 days

Nevada: 30 days

New Hampshire: 30 days

New Jersey: 30 days; five days in case of fire, flood, condemnation or evacuation. Seasonal Rentals (under 125 days) not applicable.

New Mexico: 30 days

New York: Reasonable time

North Carolina: 30 days

North Dakota: 30 days

Ohio: 30 days

Oklahoma: 30 days

Oregon: 30 days

Pennsylvania: 30 days

Rhode Island: 20 days

South Carolina: 30 days - Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address.

South Dakota: Two weeks

Tennessee: No statutory deadline.

Texas: 30 days

Utah: 30 days, or within 15 days of receiving tenant's forwarding address, whichever is later.

Vermont: 14 days

Virginia: 30 days

Washington: The landlord has 14 days after a tenant moves out to return a deposit, or give a written explanation of why it (or any part of it) was not refunded. If a landlord does not comply, the full amount of the deposit must be refunded to the tenant, regardless of any claims by the landlord that the tenant is not entitled to a refund.

West Virginia: No statutory deadline

Wisconsin: No Interest required on deposit and no maximum a landlord may charge - except - see Madison Wisconsin.
The landlord has 21 days after you move out to return the security deposit. Under state regulations, landlords must return either the full deposit or a detailed written list of deductions. (You may ask for receipts if not provided.) If the landlord fails to do so, you can sue the landlord for twice the amount of the deposit plus court costs and reasonable attorney fees.

Wyoming: No statutory deadline

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