Archive for the 'Landlord Disputes' Category

When do I have a right to complain about landlord issues?

Thursday, June 12, 2008

With the possible exception of a credit card, a lease is likely the first truly serious legal agreement most people enter into after high school or college, and unfortunately, the average person knows next to nothing about renter’s rights in their state or area. Luckily, thanks to the Internet, there are plenty of resources available now to the average person so that they can figure out when they have a legitimate beef against their landlord and when they don’t. Let’s take a look at a few common scenarios.

In most states, your landlord must give you significant notice before they enter your apartment. In addition, most states require that written notice must be given before a landlord can enter a tenants’ apartment. If you believe that your landlord has been entering into your space without notice and without informing you, you do have a legitimate complaint. You can either call the police to find out what your rights are if you feel that your safety is in danger or the local apartment rights coalition in your city.

If you have complained to your landlord about certain items needing repair and he or she has been less than speedy in getting those repairs done, you do not have a legal case against your landlord. However, if the repairs that need to be done involve basic amenities like the heat during winter time or hot water, than you might have a legal right to withhold rent until those repairs are done. Check the rules in your state or area to find out for sure.


posted by The Rent Guy   |    0 comments

Get everything in writing from your landlord

Wednesday, May 14, 2008

These days, it seems that more and more people are renting from people they know and are foregoing actual leases for handshake agreements. While this may seem like a great, no-hassle way to rent an apartment, it can lead to disaster if one of the two parties ends up being less than honest. The best piece of advice any new renter, or landlord, can get is to make sure you get everything in writing.

One of the biggest problems that handshake leases cause is that when promises are made to change or update parts of an apartment, there is no binding legal agreement to ensure that the changes happen. Sometimes, these changes can be purely cosmetic, like a new coat of paint or a promise to repair the baseboard, but other times it can be something far more serious like necessary repairs to the heating or water. With no ironclad, written lease, there is no obligation or legal responsibility to fix these problems. You won’t be able to seek any kind of damages or use a binding arbitrator to ensure that the issues are taken care of.

Sometimes, the biggest reason why a real lease isn’t used is because friends are renting from friends and it can be seen as a betrayal of trust to introduce a binding legal document into the picture. However, a real lease is the only way to make sure each party lives up to their legal responsibilities.


posted by The Rent Guy   |    0 comments

Talk To Your Neighbors About the Landlord

Thursday, November 08, 2007

While landlord vs. tenant disputes seem to becoming more common, there are a number of ways to head them off before they occur.  Being an informed renter is one great way to ensure a professional relationship with your landlord; another great way to avoid conflicts in the first place is to talk to those in the know: you’re potential neighbors.Gathering information before you sign a new lease is the best way to avoid landlord issues.  While there are many ways to keep these conflicts to a minimum, the best protection is to avoid them in the first place.  Talking to your potential neighbors is one of the best ways to protect yourself.

Your neighbors are the best source of information about the landlord and the apartment complex.  You can even talk to the tenant whom you’ll be replacing, if they haven’t already moved out.  Talking to these people should obviously done out of earshot of the landlord or complex employees, though.

You’ll be able to find out how responsive the landlord is to complaints, how fast repairs are conducted and how much they care about their renters.  You can also find out about other problems or concerns within the apartment that the landlord may be unwilling to fix or repair.  You can also find out information about the area that might not be apparent during your brief visits.

Talking to other renters about the landlord and the complex will go a long way towards having a smooth relationship with your landlord.


posted by The Rent Guy   |    1 comments

Read Before You Sign

Monday, November 05, 2007

Many tenant vs. landlord disputes occur from misunderstandings.  The easiest way to avoid many of these is by reading your rental contract and riders before signing on the bottom line. This is extremely important; your signature on the contract indicates that you have read and agree to everything listed within the contract.  If you don’t actually read it, then you can’t say that you truly understand everything that’s covered within it.Ask for clarification on any items that you don’t understand. If it can’t be sufficiently explained, don’t sign the contract.  The landlord has a legal obligation to make sure you know and understand what you’re signing, hold them to it.  Unscrupulous landlords will gloss over areas, telling you that it’s not necessary information.  Get that explanation or walk away from the lease.  This is a legally binding contract and knowing what you’re signing is the best way to avoid landlord conflict.

Read and understand all the riders that are attached to the contract.  These are just as legally binding as the items within the contract and the spell out additional obligations on the part of each party, as well as additional policies and procedures that need to be followed.  Reading and understanding these is vital before you sign your name.

If the landlord makes and guarantees or promises during this time, get them in writing.  This is your only defense on that score.  If they’re not in writing, there’s no proof that they were ever made.


posted by The Rent Guy   |    0 comments

Landlord Disputes: Keep Your Head

Thursday, November 01, 2007

While disputes with your landlord can definitely rear their ugly heads, there are several ways to keep them down to a dull roar or eliminate them entirely.  Knowing your rights as a tenant, reading your lease before signing it and knowing how your deposits work can all go a long way towards making life in your apartment easier.  However, disputes can still arise and knowing how to handle them can make a big difference in their resolution and your relationship with your landlord.Realize that most disputes arise from misunderstandings, whether on your part or your landlord’s.  Knowing this and keeping a calm, civil tongue will help keep your interactions smooth.

Avoid yelling and screaming.  If you’re going to lose your temper, speak with the landlord after you’ve had time to let your temper cool.  Calm, reasonable discussion is much more productive than lots of shouting.

Keeping your temper in check when speaking with your landlord is vital.  Reasonable discussion is the best route to solving disputes.

Make sure that you get any promises from the landlord in writing.  That way, if those promises are not kept, you can show the landlord the written guarantee to gently nudge them into action.

Make sure you know and understand everything that was included with your lease agreement.  Many times a misunderstanding will arise from not knowing what the lease actually says.  Being an informed renter is your best protection.

Speak face to face with your landlord.  Phone calls and emails are great communications tools, but they are not the best means for settling disputes calmly.  They can be easily misunderstood in ways that face-to-face communications are not.


posted by The Rent Guy   |    0 comments

Know the Laws

Wednesday, October 24, 2007

While landlord issues can sometimes be unavoidable, there are some ways to keep them to a minimum.  Doing your part to be a responsible renter is the best way to stay dispute free.  This encompasses many things, from reading and understanding the terms of your lease before signing it to keeping a level head and courteous tone.  One of the most important things to do, though, is to know and understand the laws protecting you in your area.The laws for residential renters vary greatly with each area, so make sure you check them out prior to signing a lease. They vary greatly, so past experience is not usually a good indicator.  Each community can have their own local laws governing your protections.  Knowing these laws will go a long way in settling disputes with your landlord before they become full blown problems.

If there are a limited number of protections afforded you by the law, you’ll want to make sure that there are protections included in the lease agreement.  These can be anything from assurances that the landlord is responsible for keeping the complex clean and well maintained to ensuring that preexisting problems with the apartment are the responsibility of the landlord, rather than your problem.

A lack of adequate protections in the law and your lease can leave you paying rent for an apartment that you can’t live in.  A waste of money and time is the result of not knowing your protections before signing a lease with a new apartment complex.


posted by The Rent Guy   |    0 comments

Know the Amount of Your Deposits and if They’ll be Refunded

Wednesday, October 17, 2007

One of the most common causes for landlord vs. tenant disputes is the deposit.  There are a number of different deposits you may have to put down before you move in and you may not get all of them back when you move out.  Knowing ahead of time what you can expect will help you head off potential problems with your landlord.Here’s what you should know:

Your security deposit is sometimes used in place of a damage deposit.  Some special considerations apply only to a security deposit, though.  Refunding of this deposit can sometimes be time sensitive; you have to remain in the apartment or rental property for a specified period of time before the deposit comes back to you.  Sometimes it will not be refunded at all, if you’ve caused damage to the apartment or didn’t mention existing damage when you moved in (this will be charged to you).

A cleaning deposit is sometimes required and is rarely refunded.  This deposit covers painting and cleaning that must be done when you leave.  You should still leave the apartment as clean as possible when moving out, though, to keep the landlord as a good reference.

A damage deposit is sometimes required separately from the security deposit, but it will depend on the area you’re moving into.  This must be refunded to you by law, unless you have caused damage to the apartment that must be repaired.  This is where it is extremely important to make the landlord aware of an existing damage to the apartment before you take possession of it.

Knowing the amount and types of deposit ahead of time will help you save trouble and disputes with your landlord.


posted by The Rent Guy   |    0 comments

Avoiding Landlord Conflicts

Wednesday, October 03, 2007

Landlord issues crop up sometimes.  These can be a real pain and leave you with a bad taste after it’s all said and done.  There are a couple of ways to keep conflicts with the landlord to a minimum, but one of the best ways is to inspect the apartment with the landlord before you sign a lease.  There are a few things you want to look for while you have the landlord with you.

While you have the landlord with you for the initial apartment viewing, make sure you check everything in the apartment.

Check the faucets in the kitchen and all bathrooms, make sure they provide adequate water pressure and that the hot water works. Check all the appliances within the apartment, including the stove, microwave, refrigerator and the washer and dryer if they come with the apartment.

Look for signs of mold, mildew and insect infestation.  The apartment should be clean and well kept with no signs of any of this. Check the bathrooms for mold, in the grout between the tiles and even the ceiling.  Mold can kill, so make sure there’s none evident.

Check the doors and windows to make sure they open and close smoothly and that the locks work.  Ask the landlord if the locks on the door have been changed since the previous tenant; if they haven’t, ask for them to be changed now.

While you’re on your inspection, get any promises in writing.  This is your only defense if the landlord says you didn’t mention the items.  Get it all written down and you can hold the landlord to their word.


posted by The Rent Guy   |    0 comments