What a tenant needs to know when renting a home.
Intro
A good woman who raised three amazing children and has too many adorable grand kids to count moves out of an apartment and violates state law in the process simply by not understanding what is required. Landlords hate to see this happen. We love our tenants. We love good people.
Moving into a new place can be exciting especially for first time renters moving into their first home. For some, it is a daunting task. Often, the details get lost even for even an experienced renter. Not knowing everything you need to know will bite you in the butt. I created a list of things that every tenant should know. This is an opportunity for a tenant to understand what a landlord already understands but cannot always effectively communicate. Landlords love good tenants and want them to succeed. Over 50% of all landlords are small operators who self report they got into the business to provide quality housing at an affordable price. Landlords, by and large, like to help people. This is just one of my attempts to help you.
The Walkthrough, Interview, and the Application
Income to Rent Ratio
For renters, their largest bill each month is often rent. Consideration of a tenants income is not taken in a vacuum of course. Debt load is also a consideration. For example, a tenants rent, credit card debt, car payment, etc. are all calculated. It is reasonable for a landlord to ask for additional debt information on a rental application. Make sure you provide all debts you have.
For example, a hourly wage of $11.50 working 40 hours a week and no debt yields:
Using https://smartasset.com/taxes/pennsylvania-paycheck-calculator
| Gross Paycheck | % | $460 |
|---|---|---|
| Taxes | 11.94% | $55 |
| FICA | 7.65% | $35 |
| Take Home Salary | 80.41% | $370 |
Using https://www.zillow.com/rent-affordability-calculator/ our example tenant can afford $661.00 per month with $942.00 per month remaining.
These tools are a guide and used as an example. You are invited to use them to help determine what rent you can afford. This site is not responsible for the accuracy provided by the resources or the accuracy of this example as a result.
Prior Evictions
Landlords assess risk using several factors. One of the most important factors is prior evictions. Just because someone is evicted does not mean a prospective tenant will be a bad tenant, however, it may represent a significant risk for the landlord.
Many landlords will not consider a prospective tenant with a prior eviction. Landlords have seen both ends of the issue where they will say some of their best tenants have had prior evictions. However, rental fraudsters and bad tenants are abundant and will often have prior evictions recorded. Landlords have heard many stories of bad marriages, abusive spouses, illnesses, job loss, etc. including from rental fraudsters and bad tenants. It may be impossible to assess whether any particular case is valid.
To be considered, it is important that the landlord be able to verify all claims satisfactorily to the landlord. It is important that the prospective tenant provide all the information a landlord needs to make a proper decision and that no information is withheld and all information is truthful. Many landlords understand hardships and may consider exceptions for prior evictions assuming a level of comfort can be determined.
References
References are almost always required by landlords. While some landlords say references are always in favor of the tenant, and of course that is to be expected, references can also tell the landlord much. It is important that a the requested number of references be supplied for prior rentals, personal references, and employment along with names, phone numbers, addresses, etc.
Landlords will often not only call references, but often investigate the reference itself. It is not uncommon that relatives and friends are supplied as references fraudulently posing as employers, landlords, etc. Because of this, landlords will want to make sure the information provided is accurate and that any reference is favorable.
Because references are so important, it is advisable to take your time and collect as much of the requested information as possible. Simply put, if checking and verifying references yields little information, the landlord may move on to another application.
Rental History
Rental history is very important to a landlord. There are exceptions where someone does not have a rental history. For example, if a prospective tenant is a prior home owner and does not have a rental history, the landlord will want the mortgage company information to evaluate the prospective tenants reliability. As well, new renters will not have rental histories. In this case, references, employment history, credit history, and other background information becomes paramount. Full rental history, dates, and proper contact information is a must.
Omitting any part of a rental history will be seen as suspect. Where gaps exist, it is appropriate to include the gap and explain it, such as "Moved back in with Mom." Providing verifiable details to confirm gaps in rental histories allows a landlord to make decisions. Taking your time to provide dates or approximate dates, duration, address, and proper contact information for your rental history is highly suggested. If rental history yields little information, the landlord may consider another application.
Employment History
Employment history helps to illustrate a prospective tenants financial stability. Landlords understand gaps in employment history and trouble with a specific employer. It happens to everyone at some point. Landlords also understand how the latest recession effected the market. What matters is being able to adapt to adversity and keep the finances flowing. Landlords also understand employer reputation and the reality of getting started in a field. It is important to completely list all employers and any gaps in employment. Include dates, contact names, addresses, phone numbers. It is appropriate to explain gaps in employment. Taking your time to detail your employment history is highly suggested. If the employment history yields little information, the landlord may consider another application.
In-Person Showing
Nothing replaces showing the rental. No phone call or video can replace the experience of an in-person showing. This is where you will want to put your best foot forward and be truthful. Anything said in-person is a part of the application process. Expectations on both sides can be discussed openly in a comfortable setting at length. Treat this something like a job interview with your application as your resume and you should be fine. Please do take your time looking at the rental and ask questions. It is perfectly okay to look at an rental again or to make follow-up phone calls. Landlords do want satisfied tenants and only the prospective tenant can decide if an rental is right for their needs. Landlords expect to take time during the walkthrough. The goal is to find good matches. This is often the best part of the process as landlords meet new people.
This is also the best time to discuss any special requirements you have. If you require accommodations for a handicap or aging, discussing what you need now allows a landlord to plan ahead. Landlords want to make sure they meet the tenants requirements at move-in. This can mean hiring an expert handyman, construction company, or medical supply company that can help the landlord correctly meet the accommodations. This will often take time.
Background Check
The background check is a must. Some consideration for prior issues may be made and should be discussed during the showing and perhaps voluntarily noted on the application. What is important to the landlord is that the prospective tenant does not represent an unacceptable risk. No landlord will make any commitment without fist reviewing the background check. This is where open honesty becomes important. Fill the application out completely and do not try and hide any derogatory history. It is not uncommon that landlords will take a prospective tenant with prior issues. The landlord will want to be sure to minimize risk of course, however, prospective tenants that can show several years of positive history may be accepted. Just staying out of trouble may not be enough. Demonstrate how your life has changed with your history where you can.
Occupancy
States have occupancy laws. These laws are designed to protect the tenant from unscrupulous landlords who rent an rental to large numbers of people causing a safety hazard primarily fire. These laws also protect landlords from renting an rental to one individual who then allows others to live within the rental in an unsafe manner. Pennsylvania does have occupancy laws, however, the occupancy requirements is based upon the square footage of any bedroom where each person requires 125 square feet and not by any other metric. This measurement does not include infants and toddlers but does include children otherwise. Landlords are always keeping occupancy in mind and will enforce what they consider a reasonable occupancy standard according to the law. It is not uncommon for prospective tenants to push this boundary looking for an affordable place to live. This is understandable of course. However, at no time will a landlord consider a condition that they feel is unacceptable or unlawful. The primary consideration is safety.
Unauthorized Residents
While it is expected that tenants will have guests from time to time, landlords reserve the right to screen who resides within their unit. The primary reason for this is safety. It is not uncommon for one person to rent an rental with the intent of moving in another who would otherwise not be approved by the landlord. It is also not uncommon for the approved applicant to move out leaving the unapproved resident behind intentionally. This is a tactic primarily used by drug dealers and persons with ill intentions. Landlords will often require that all adult residents be approved by the landlord. This may include completing a full application process. Many tenants will argue that a person is a frequent guest where the law on the matter is fairly clear and supports the landlord. At no time should a prospective tenant expect to move in another adult without prior approval of the landlord. For example, it is not uncommon for a tenant to move in a boyfriend or girlfriend primarily staying the night but being absent during the day. Under the law, staying the night and/or moving in possessions as small as a toothbrush is enough to establish residency. Where this is restricted by the lease, the law supports eviction regardless of the relationship or reason. Where you wish to move in another adult, talk to the landlord before moving in the adult. Most landlords are accommodating where no additional risk is involved. Safety is the primary consideration.
Moving In, The Lease, Lease Signing Requirements
Security Deposit, Surety Bond, Security Deposit Insurance
A security deposit is a sum of money required by the landlord held to mitigate damages or losses as a result of the tenant. A surety bond or deposit insurance is a purchased policy that replaces the traditional security deposit however is not generally refundable. The primary advantage of a surety bond or deposit insurance to the tenant is the reduced move-in cost. Some landlords will require one or another while other landlords have a clear preference. While some landlords will work with tenants struggling financially, please understand that many have made the same request and failed to keep their promises and have cost the landlord dearly. A general rule of thumb is first and last month rent along with a security deposit equivalent to one month. Some require one month rent and a security deposit equivilent to two months. Both may cost the same, but they are different to the landlord. Not all prospective tenants can afford this in all areas. Surety bonds or deposit insurance protects the landlord while being affordable to the tenant. A certificate will be provided to the landlord, however, a tenant will be restricted to a company the landlord has an existing relationship with. Many landlords are now requiring a surety bond or deposit insurance. If this is the case, do not try and convince the landlord to take a security deposit. Security deposits do not make as much sense in many cases.
Renters Insurance
Renters insurance is a popular and affordable option for renters. Landlords are beginning to require that tenants have renters insurance. This protects both the tenant and the landlord. The landlord will likely have specific coverage requirements, however, often the tenant is free to chose the insurance company as long as the insurance company meets the requirements and appropriate industry standards. This ensures that the tenant and landlord are covered. Any local insurance agent should be able to assist a tenant quickly and easily. A certificate will be provided to the landlord. If renters insurance is required, it is important to make sure the policy remains in effect. Failure to do so may break the lease agreement. Be sure to use an agent the landlord is familiar and comfortable with. Any local or regional insurance agent should be fine.
Review the Lease and any House Rules
It is important to read the lease and any house rules the landlord has prior to signing the lease. A landlord will discuss the primary points and requirements upon signing. However, it is the tenants responsibility to decide if the lease contract is appropriate for their needs and acceptable prior to signing. All Pennsylvania leases are required to be written in plain language that should be clear to understand. If there is any portion of the lease you do not understand ask the landlord for clarification or consult a lawyer prior to signing. Remember that a lease is a contract and governable under contract law, tenant landlord law, and others and therefore can be enforced by law in court. Leases should protect both the tenant and the landlord. Most importantly, keep in mind the restrictions and requirements of the lease.
First Month Rent
The first month rent is due at the signing of the lease. No landlord will sign a lease without it. Payment methods do vary and may not always be accepted. Make sure you know what your landlord requires at signing. Checks or cash are best. Money orders or other forms of payment represent a risk and may not be accepted. One good option is electronic payments. The landlord will need to check the electronic payment has arrived and is transferred to their account. Even for electronic payments, there are differences. For example, electronic checks take several days to process and are not guaranteed. The landlord may want to wait for the check to clear. Electronic payments using a bank card often process right away. The landlord does not process the card. You would use a service such as PayPal. The landlord would also need an account to accept the electronic payment. Landlords will consider payments from well known companies. Check with the landlord to see if electronic payments are an option. Remember that new accounts take days or weeks to verify and will restrict what payments you can make and the time it takes to process the payment. Do not expect new accounts to work they way you expect for a while. Never make a payment without discussing it specifically with the landlord first.
Prorating Rent
Most landlords will want tenants to have access to the rental immediately upon signing the lease. Leases often have a requirement for the rent to be paid on the first. If, for example, it is the 15th, the landlord will prorate the rent for the remaining month. Many expect this to be added to the first month rent requirement. Not all landlords do this. Some offer the remaining time free from rent to keep things simple. It all depends upon circumstances and the decision belongs to the landlord. Do not ask the landlord these days for free unless there are just a few. Landlords who have a policy written or otherwise will offer it.
Final Walkthrough
It is not expected that much will change from the walkthrough when shopping for an rental, however, it is wise to ensure the rental is in the condition you expect. Before signing the lease, ask for a walkthrough. Many landlords have a pre-lease inspection process where signing an acceptance form is required. Take photos. Expect that the landlord will take photos also including you in some of them. This is perfectly normal. This process protects both the prospective tenant and the landlord. This should be a friendly formality, however, sometimes a prospective tenant will make unreasonable or bizarre demands at the last minute thinking that the landlord is at a disadvantage. Do not do this. The landlord can decide not to rent at this point. However, if the rental is not what you expect, then please say so. If appropriate accommodations can be made, this is a good time. If you have special requirements for a handicap or aging, these should have been discussed during the first walkthrough. This is because these requirements take time to implement. Bringing these requirements at the last moment disadvantages the tenant.
Starting Utilities
Landlords will often assist with starting utilities such as electric, phone, television, and others. While they cannot make the calls for you to establish the accounts, they can assist with installation by letting people into the apartment and other areas of the building where necessary. It is a good idea to discuss this at the lease signing or final walkthrough. This is a real advantage for the tenant. Landlords know the ins and outs of these processes and know how to ensure a smooth and timely install. For example, shutting off and resetting any breakers while establishing electric service. Landlords want to make your move-in experience a good one. Take advantage of this.
Final Move-In Expenses
While a landlord cannot help you with final move-in expenses, landlords can often help to give you ideas of what expenses can be. Do not bring last minute requirements to the landlord for rent, security deposits, surety bonds or security deposit insurance, renters insurance, utilities, etc. Where landlords want to be accommodating, last minute requirements are not to the tenants advantage. It is best to bring these issues up when first meeting with the landlord or as early as possible and not left to the last minute. Landlords know the ins and outs to help the tenant. For example, HUD, if required, takes time to establish. Landlords often have relationships established and experience that can help smooth the process. Another example are expenses the tenant has not necessarily budgeted for such as telephone, television, electric, etc. Requirements utilities may have often surprises the tenant. Landlords can help with understanding these bumps in the road and often give advise ahead of time.
Moving In
It is wise to let your landlord know when you intend to move in. Landlords understand that moving in can bring small surprises and will often stand-by to assist. For example, landlords often have experience moving furniture and have equipment on-hand to help. Often a landlord will help get the other end of something such as the couch or remove doors in a tight fit. If nothing else, landlords will want to welcome you and be available if you need them. Letting the landlord know your move in plans really advantages the tenant even when you are not sure of your plans yet. Involving the landlord even when you think you do not need assistance is wise. It is far better to have the landlord handy than needing the landlord when they are not available.
Common Lease Requirements and the Law
Rental Condition and Normal Wear and Tear
When a tenant decides to move out, rental condition becomes very important to both the tenant and the landlord. Laws allow for normal wear and tear. But what is normal wear and tear? Each person has different ideas of normal wear and tear, however, the law can be quite specific on this matter. The general rule is that the rental is returned in the same condition as it was when the tenant moved in. Where general cleaning and repainting can be expected, the duration of the stay is taken into consideration. For example, it is not expected that an rental needs to be repainted after just a few months. Another example is for heavy or professional cleaning. While it is the tenants responsibility, landlords will often assist in maintaining an rental while the tenant lives there to include helping to repaint the rental, clean carpets, hang curtains, etc. Make sure you maintain the rental and return it to the landlord in as much the same condition as you received it with accommodations for normal wear and tear. Failure to do so may land you in court.
Repairs
Absolutely do not take on any repairs without talking to the landlord. Many landlords have standards that they adhere to which are to ensure the tenants best experience. If your landlord is unresponsive, wait a reasonable amount of time before taking on any repairs. The tenant by law is required to give the landlord a reasonable amount of time to respond to repair requests. This is a standard within the law called the "reasonable man" standard. What amount of time would a reasonable person be required to wait for a repair? A tenant may hire a professional to make a repair if the landlord is unresponsive. Please be aware that some tenants are unreasonable and want repairs sooner than a landlord is able to. For example, a tenant brings something to the landlords attention, the landlord calls a professional, however, the professional is not able to come right away. It can take a couple of weeks for the professional to come by. Another example is that parts need to be ordered to make the repair. Assuming the repair is not an emergency situation or critical to habitability as defined by the law, if the tenat does wait for the professional to arrive and takes matters into their own hands, there could be a serious problem. Why? Because the landlord has taken a reasonable action in hiring a professional within a reason amount of time. The tenant must make sure they are being reasonable. If you hire a professional, make sure they are licensed, bonded, and has a good reputation. Do not hire family or friends. Absolutely do not take on the repair yourself. Taking on a repair makes the tenant liable for the repair and damages for which the landlord can sue. It is far better for the tenant leave repairs to the landlord. Most landlords want the tenant to have a good experience especially during these times. The landlord should be reporting back to the tenant and explaining expectations. If you have not heard back from the landlord, contact them again. The law is on the landlords side in cases where the landlord has acted reasonably.
Security
Landlords have the right to control who has access to their property. It is the responsibility of the tenant under the law to properly secure the landlords property. Keys, for example, should be only be given to those who should reasonably have them. It is reasonable to give a spare key to a daughter or son. Giving keys to others such as friends who the landlord does not know or who has not cleared would not be reasonable. Locking doors when you leave, closing windows especially to protect from against inclement weather, and controlling the property in general is required. This can include who comes onto the property. Anyone who may be hostile, disruptive, possessing or dealing drugs, sexual offenders, etc. are not welcome. Landlords take this battle seriously. If the tenant has someone in their life who is unwanted or hostile, the landlord may be able to get a no trasspass order. If, however, the tenant fails to controls who comes to the property, the landlord may still get a no trespass order. If a problem exists that the tenant does not control and continues to exist, the landlord may opt for eviction where the law allows. Security issues concern everyone including other tenants who have the right to not deal with issues that are unreasonable. Landlords will protect their tenants.
Rent Payments
Unless specified, rents are often due on or before the 1st of the month. This will be specified within the lease. Tenants pay rent in advance of any month and not after or during the month. Landlords may offer some flexibility and will make specific arrangements with the tenant where they can. If you are going to be late, let the landlord know immediately. It is the responsibility of the tenant to pay the rent. It is not the responsibility of the landlord to track down the tenant to collect rent. If a landlord finds that a tenant habitually pays their rent late, they can make demands or evict the tenant. The landlord has responsibilities to lenders, other tenants, vendors, municipalities, states and the federal government and so on to pay their bills. Tenants who do not pay rent on time may jeopardize the landlords ability to meet their responsibilities. Landlords take rent payments seriously, however, do understand issues arise from time to time. While landlords do offer flexibility, they may not always be able to. Knowing of issues in advance increases the opportunity of the landlord to be helpful where they can be. Take advantage of help that is always available locally. For example, if you lose your job, file for unemployment benefits. Another example are local charities that help when an unexpected car repair is needed or to fill in the gaps for the rent. The Salvation Army and churches are often very helpful and responsive. Landlords are often aware of who may be able to help and may be able to make suggestions for a tenant in distressful situations. Keep in mind that landlords may chose not take direct payments with specific organizations based upon past bad experiences. Before you get too involved, ask the landlord if they accept payments from organizations you have found. Landlords are often very eager to help and will work closely with the tenant to help sove a problem paying the rent. Where rent is paid late, the landlord has the right to charge a late payment. Often, if the landlord is notified immediately of an issue, they may chose to waive the late fee. Otherwise, late payments should be adjusted to include late payment fees. If a payment is mailed and the landlord has not received it, the tenant is not absolved of the responsibility of paying rent. Many landlords will excuse these issues as long as it is not a regular occurance. If a check is returned for unsufficient funds, the tenant is responsible for bank charges as a result.
Rent Increases
The landlord has the right to increase the rent as they see fit. Often this is market driven. This could mean rents in your area are increasing of costs have increased. The landlord must give notice, often 30 days, before the termination of the lease. For a month to month lease, this means one month prior to the rent increase. For longer lease terms, the landlord must give notice one month prior to the renewing of the lease. At no time can a landlord increase the rent during a lease period. Longer lease terms protect the tenant and limit when the landlord can increase the rent. For this reason landlords prefer lease terms not to exceed one year. If you wish longer lease terms, you can negotiate this with the landlord prior to signing a lease or at renewal. This may mean that the landlord will want more rent per month. This is normal and expected. Landlords do like tenants who want longer leases, however, are wary of tenants who try and manipulate the landlord by making desirable offers.
Security Deposits
I have already mentioned security deposits. I will add the following. The landlord has the right to apply any security deposit to any monies due the landlord including unpaid rent, damages, trash removal, property storage fees, cleaning costs required beyond normal wear and tear, changing locks for tenants who vacate, unpaid utilities, etc. This is always the landlords right. For example, the tenant cannot decide to use the security deposit for final their month of rent without the landlords permission. Landlords like to make these agreements for tenants who are returning an rental in good condition. However, no tenant can make this decision for the landlord. Security deposits or the balance of are required to be returned in 30 days. The landlord is required to itemize how security deposits are used in writing in 30 days. If the landlord fails to notify the tenant as the law requires, then the landlord may face penalties. Often security deposits do not cover the losses a landlord faces. The landlord has the right to seek appropriate costs that exceed the security deposit. For this reason, landlords take security deposits seriously. The landlord has the right to increase the security deposit requirement with rent increases. Many landlords will not require security deposit increases for small rent increases. Remember that the security deposit is to protect the landlord. However, the landlord is responsible for the tenants money. State and/or local laws require a landlord to place security deposits into an escrow account and return all interest paid depending upon how long a tenant resides within the rental. Where and how the escrow account is established it the landlords right. However, many landlords will be glad to provide this information when a tenant moves out.
Issues Resulting In Damages
Tenants have the responsibility to make the landlord aware of any condition that causes damage to the property, may cause damage to the property, causes an increase is landlord paid costs, causes damages to another tenants property immediately. For example, if there is a water leak, the tenant must inform the landlord. If the tenant fails to notify the landlord within a resonable period of time, the landlord often has the right to charge the tenant for losses. Laws support the landlord where notification is not made in a timely manner. Often the law allows the landlord to charge a penalty several times the costs and possibly evict the tenant regardless of whether the issue is the tenants fault or not. Making sure the landlord is contacted immediately is to the tenants advantage. This is where the tenant will want to be proactive and ensure they contact the landlord using as many methods as are are available.
Lease Transfers or Subletting
The landlord has the right to control who has access to their property. Any lease will have clauses that govern when and how a tenant may rent portions of, transfer, or sublet an rental. Many landlords do not allow a tenant to rent any portion of an rental, transfer the lease, or sublet an rental. If a tenant is allowed to rent any portion of an rental, transfer the lease, or sublet the rental, the landlord will often have requirements for such to protect their interest. Read this clause carefully and talk to the landlord about your plans.
Commercial Use
For residential property, it is not uncommon that the lease restricts commercial use. This can be a smalll business of any type as the law allows. For example, it is common to start a small business within your residence, however, increase in traffic and disterbances to other tenants will be a concern. Another example is for an online business where stock is stored within the premises. Another example is auto repair in the parking lot. Landlords often restrict these types of operations, hwoever, state and local laws may allow for some operations. Read the lease and state and local laws before operating a business out of your residence. Tenants should also talk to the landlord about their plans. Landlords may consider eviction where a home business is a problem or breaks the terms of the lease.
Occupancy and Guests
I have discussed occupancy before. I will add that leases will restrict occupancy and guests as allowed by law. You may find that the lease specifies number of days that any guest may stay at any one time and/or within a year. The lease may also restrict the number of guests at any time. This is primarily for safety. This does not mean that a tenant cannot throw a diner party for example. If you plan to throw a larger party, it will pay to check with the landlord ahead of time. Do not wait to the last minute. Most landlords will appreciate discussing any party inadvance. Remember it is not the tenants right to violate the lease agreement, however, landlords are people too and want their tenants to enjoy life and be happy. If you wish to have guests beyond what the lease allows, discuss this with the landlord. Landlords want to be helpful where they can be. For example, if a son or daughter is recently divorced with a child and has no where to go but to Mom's house, the landlord may be understanding and try and accommodate the need. The landlord will want to put restrictions on the stay to prevent situations that get out of hand. It is not uncommon that another rental opens up and helps to solve the problem. Remember that the landlord needs to restrict occupancy and not may not be able to help in all situations. Keep in mind that violating occupancy restrictions without considering the landlord is paramount to taking advantage of the landlord assuming the "reasonable man" standard does not apply. The law is on the landlords side. Tenants who take advantage of a landlord have no standing in court.
Animals
The landlord has the right to control what animals occupy their property. Any lease will have clauses that govern when and how a tenant may an animal. Exceptions to any restrictions are for service animals. People with specific needs for a service animal are to be considered as if the animal is not part of the equasion. Medically necessary animals are not covered by law, however, many landlords will consider making an exception. Not all tenats are resaonable. For this reason most landlords do not allow animals without approval. Do not decide to move an animal in without talking to the landlord first. It is not enough to offer a small monthly fee to cover costs. Landlords have done the math and the math does not work. The law supports the landlords rights when it comes to animals assuming the "reasonable man" standard is applied. For example, should a landlord be upset if a child has a hampster or gold fish? No. But for animals that may potentially damage the property, and some popular animals routinely damage rental property, the tenant should talk to the landlord first to see if the landlord will approve.
Modifications to the Property
Tenants may not modify the property. Many leases are quite restrictive, however, the landlord may approve some modifications such as paint, wall paper, shelving, etc. When it comes to electrical, plumbing, structural, safety items, and other critical items, landlords will not allow modifications by the tenant. This is a safety issue and a liability issue. However, for some items, if you are a longer term tenant, many landlords will install pre-approved lighting, faucets, and other decorative items. Please remember that landlords follow standards and have full rights to their property and have responsibilities to many. If, for example, a tenant installs an unapproved ceiling light which shorts and causes a fire, the tenant is liable. If however, the landlords installs the light, then the landlord is responsible. Landlords often chose what components they use for reliability, quick and easy repairs, and cost effectiveness. When I say that landlords follow standards, they are chosing componenets that are well known, require the same parts for repair, are reliable, quickly available, match all other similar items, are open stock for several many years. Not all tenants are reasonable. Some build walls, replace doors and windows, remove doors and trim and then throw them away, pull new carpeting out, remove lighting, and many other examples. Other more reasonable tenants replace planned lighting and put up older previously used and free lighting, for example, which often have issues the landlord then must address. Another example is a tenant that uses commercial concrete epoxy based paint just because it is free. Landlords are busy people. The last thing they want is to find that their property has been modified by the tenant especially when the modification requires work to undo. For these reasons landlords are restrictive. If, however, a landlord sees that a tenant is reasonable, then the landlord may allow some limited modifications. If the landlord offers help or insists on making the modification, do not fight them.
Vehicles
Vehicles represents several problems for the landlord. Leases often have restrictions regarding vehicles. It is important to know what these restrictions are. Here is a rundown. The landlord may restrict the number of vehicles per unit. This is because parking quickly becomes a problem for other tenants and can wildly spin out of control. If you have a need beyond what the lease allows, talk to the landlord. Landlords may see room for an excption and loow the request. Leases often will restrict vehicle repairs and maintenence. This is because not all tenants are respectful of property or reasonable. For example, oil changes can stain the parking area and create a fall hazzard. If the landlord can see a tenant is reasonable, they may make an exception. However, keep in mind that exceptions given to one often may have to be given to others so landlords may be hesitant. All vehicles must be operational, legal, licensed, and inspected. Landlords have bad experiences in this area and removing these vehicles may include removing the tenant. Also keep in mind that state and local laws may require that vehicles on private property be operational, legal, licensed, and inspected. Police who are tasked with enforcing these issues will not always approach the vehicle owner and may fine and/or charge the landlord. As well, vehicles can negatively effect property values, the ability to rent units, other tenants, etc. Landlords can make small short-term exceptions and require restrictions on the exceptions. If you have an issue, talk to the landlord as quickly as possible. Any tenant does not want to wait until the landlord faces a problem with the police, the township, or HOA. The landlord will have their hands tied at this point and may not be able to help.
Noise
Landlords hate noise that disprupts any tenants peacefull existence. Loud stereos, televisions, arguments, alarms, parties, animals, etc. are often restricted by the lease. Even where not restricted, the landlord has the right to verbally or in writing restrict behaviors that occur even just once. Understanding can be given to tenants by the landlord, however, tenants can often chose to move based upon just one instance of noise that the tenant finds unacceptable. Noise issues can be a nightmare for a landlord to manage. Often their only option is to evict the tenant. Quiet tenants are preferred. This does not mean you cannot make a bit of noise that would be considered reasonable. For example, you have a few friends over to watch a football game. Some noise is expected. Landlords and tenants will sometimes excuse this. However, if this happens often, then there is a problem. Landlords want their tenants to enjoy life, however, that shouldnot come at the cost of other tenants and the landlord.
Rights by Landlord to Enter the Property
Landlords have the right to enter their own property. State and local laws may put restrictions on this, however, this often can be modified by the lease. The landlord will want to be able to protect the property and balance this with tenant privacy. Laws often restrict landlords to giving a notice often 24 or 48 hours in advance. Exceptions are for emergencies. Some leases will require inspections of the rental. Do not resist this. Landlords have experiences with tenants who hide issues they do not want the landlord to know about. Not all tenants are reasonable. Keep in mind that some laws may allow exceptions to the notification laws by calling a law enforement professional such as police, constable, or sherrif. This does not necessarilly have to be concern that the tenant is violating the law. Law enforcement professionals are enforcing the rights of the landlord. This should be a last resort taken by the landlord, however, it is not an uncommon practice where a landord recieves resistence from the tenant on more than one occassion. If the tenant is reasonable and accomadating to any lawfull and reasonable request made by the landlord, then there should not be a problem. Keep in mind that landlords have responsibilities to all of the tenants and others. Landlords will want toinspect the properties for issues that need to be addressed by the landlord.
Changing Locks, Barricades, and Blocking Access
The landlord retrains rights to access their property. Changing locks, barricading doors, and blocking doors are often restricted within the lease. Do not change locks, barricade or block doors. This is a safety issue as much as it is a right of the landlord to access a tenants rental. Not all tenants are reasonable and try and keep landlords out. Do not do this. Trying to keep the landlord also keeps fire and emergency professionals out also. The tenant is responsible for damages as a result. It is not uncommon for a tenant to secure their rental sometimes with ill intentions. For example, to keep the police out. If a tenant is genuinely conserned about security, then the need to talk to the landlord. Landlords have standards which may include the brand, quality, types of locks, the installation of locks, and the style of locks. It is the landlords responsibility to secure their property. However, the lenght to which the landlord will go to secure an rental is their decision. It is the tenants decision as to whether security is sufficient for their needs. This must be decided at move in. If security is not acceptable, a tenant should discuss the matter with the landlord prior to signing the lease. because not all tenants are reasonable, the landlord may not always chose to meet the tenants expectations.
Space Heaters
Landlords will often restrict space heaters. This is for safety. Not all tenants are reasonable and therefore landlords have to be particularly careful of space heaters to prevent fires and other issues. Kerosene or any other flammable fuel heater should ever be used in an rental. As well, not all electric space heaters are wise to use or used wisely. Tenants should look for space heaters that are cool to the touch, shroud the heating element, have overheat protection, have tip over protection, are either oil radiators or use a fan, use a thermostat and does not provide fulltime heat, just to name a few safety features. Also consider overloading a circuit. One 1500 watt space heater is the load that one circuit can handle. A circuit is all the lights, outlets, and such on a single wire protected by a circuit breaker. Using a 1500 watt heater means that nothing else on that cicuit can be used. Even then, a 1500 watt can still be too much for a cicuit for older building with older wiring. Never use an extention cord for your space heater. If you must, use an appliance cord. Otherwise, you will cause a fire. Your landlord should know the ins and outs on this subject and should be able to advise what space heaters would be effective without stressing the electrical circuit. NEVER use a "repaired" space heater. And NEVER accept or purchase a used space heater. Landlords want their tenants to have a good experience and may make reasonable excpetions. The landlord will be helpful in selecting the right space heater for your purpose.
Barbeques, Smokers, Fryers, and Grills
Barbeques, smokers, fryers, and grills of particular concern. Often state and local laws restrict where and how these cookers are used. Landlords may restrict how and where cookers are used as well. This is for safety. Landlords and tenants can face fines as high as $1200. NEVER use a cooker on a porch, patio connected to the building, next to or near the building, under a tree, or near cars. Remember cookers get hot! Make sure they are cool to the touch and not warm at all before putting them away. Laws and landlords will restrict where cookers can be stored. Landlords want their tenants to have a good time and are not generally against tenants who want to cook outside. Landlords just want to prevent fires, accidents, and other issues and will take their restrictions very seriously.
Feeding of Animals
Animal food can attract pest such as rats, mice, snakes, squirrels, and others. Rodents are especially destructive. Landlords are careful about feeding pets or animals outdoors on porches, patios, and anywhere pests can be lured to the property. Feeding pets or animals outside may not be allowed at all. Feeding pets or animals outside will likely attract rats. As well, bird feeders are a concern. While bird feeders may be allowed, landlords may want to restrict what types of feed and feeders are used. Talk to the landlord. Many want birds on the property and will add plants to the yard that attracts, protects, and feeds birds. This is not uncommon. However, feeders can often invite pests into the building. Landlords can often advise how best to feed birds safely.
Gardening
Landlords like tenants who like to garden and plant flowers. Landlords are often careful of where and how plants are added to the property. Talk to the landlord. Often, they will be quite acoomodating. Vegetables close to the building may be a concern. Vegetables can attract pests. However, there may be good places on the property to plant vegetables that the landlord will enjoy seeing. Tenants may be restricted to using planters, however, landlords may allow flowers to be planted along fenses and areas that are not trafficked by other tenants. Landlords may enjoy the tenants ideas and play flowers themselves. This is one area where a tenant and landlord can help to make the living environment more enjoyable.
Hording and Rubish
Hording and rubish collecting is a particular problem and no landlord will permit it. While hording and rubish collecting can be a symptom of another unerlying issue, it is also a safety issue that can be severe. Access to and within the property, pests including rats, fire protection, disease, and other issues can result. Collectors can fall into this category. This can be a huge liability issue for the tenant and landlord. Landlords will evict tenants who are horders and rubish collectors. As well, trash on porches, patios, near the building, and other areas may not be allowed even if the tenant is not considered a horder. State and local laws regulate public spaces and property against rubish. Fines can be high and accrue daily. Trash disposal will often be restricted to approved areas such as a dumpster. Tenants should be careful to dispose of trash properly and not let items pile up anywhere. Tenants have the right to live within a safe environment and landlords have property rights. Landlords will protect their property and tenants. Landlords may be able to help a tenant clean up or chose to do it themselves where the law allows.
Pet Waste
Tenants expect a clean and safe place to live. They certainly do not want pet waste to spoil their experience. Landlords are strict on these issues. It is a huge liability issue and can attract pests and disease. If you have a pet that the landlord allows, clean up the waste. This includes indoors and outdoors. Landlords often can tell tales of the tenant that would not or could not clean up pet waste within the rental. This is not acceptable. Landlords will evict a tenant that fails to clean up pet waste and will not accept excuses. Clean up should be done properly. Waste bags and cleaners should be considered carefully. Landlords often know best how to clean pet waste. Accidents do happen. That is to be expected when pets are allowed. However, for a tenant that has a pet that is not taken care of, they run the risk of eviction. For example, dogs need to be walked regularly. Tenants who work long hours may not be able to walk the dog in a timely manner. This is a problem. Simple clean ups daily are never enough. Pet owners need to be responsible to the pet, the tenants, and the landlord. Not every tenant should have a pet. Where this is the case, the tenant is responsible for solving any problems. Otherwise, the landlord will toprotect other tenants and property rights.
Holiday Decorations
Landlords like tenants who decorate and joyfully participate during the holidays. However, some decorations need to be considered carefully before putting them up. For example, lights. Running electric cords and lights need to be proper for outdoor use and in good working order. All light sockets should have a bulb. Some overheat and may cause a fire. As well, some state and local laws restrict what decorations can be used. Talk to the landlord before decorating and show them what you intend to do and what you intend to decorate with. landlords may restrict decorating in the lease, however, will often make exceptions where they can. Do not take on this task without talking to the landlord. Not all tenats are reasonable. Landlords do not appreciate driving nails, screws, running cords, creating trip hazzards, creating fire hazzards, and other issues that tenats take upon themselves. Work with the landlord not against them.
Inclimate Weather
Tenants are required to protect the property from inclimate weather by properly closing doors and windows during storms and cold weather. Tenants are required to alert the landlord to issues with windows and doors that may not close properly or tightly. Landlords are often looking for issues that are a concern. If a landlord finds an issue such as a window open, the landlord may enter the property without notice to protect the property. Generally this is not an issue, however, not all tenants are reasonable. If a tenant leaves for work and remembers that a window is open on a day that a storm is comming, call the landlord. Landlords are concerned about damage and are very likely to help out by closing the window. Otherwise, tenants are liable for damages as a result which can add up quickly.
Smoking
Smoking is often banned or restriced by a lease. Landlords ban or restrict smoking because of the heavy damage smoking can do in a very short period of time making any rental unrentable without specialized cleaning. Even after specialized cleaning, reports of smoking oders offending a new tenant is a real problem for any landlord. Many tenants will easily lie about their smoking habits to gain access to the property. Because of this, landlords will monitor their property closely for violations of the smoking clause and enforce their policy quickly.
Moving Out
Vacating
Tenats will from time to time vacate any rental before the end of the lease term without notice. Many times, they will move in the middle of the night or when a landlord is away. This is bad for both the tenant and the landlord and one of the worst things a tenant can do for themselves. Leaving before the lease term is bad enough, more on that in the next section, but vacating without notice puts the tenant is a highly liable position. Any landlord will have file with the court to regain possession of their rental. This also means that the landlord will in the process be given a judgement and the ability to collect for all costs including court costs, clean-up costs, trash removal, property storage, repairs, advertising, and loss of rent. The landlord has the responsibility to rerent the rental, however, without notice, this can take longer to do. Unpaid rent is often two months and can actually be longer depending upon the market and time of year. Judgements can easily be in thousands of dollars and will appear in background checks halting the ability for the tenant to rent another rental, purchse property, get a loan or other credit, and even possibly as much as register a vehicle. Worse yet, in some cases the debt can be transfered to the state police or local sherrif for collection. This means that personal real property is at risk. It is not uncommon that possessions of value are seized and sold to repay the debt. Any remaining debt is still due. The landlord can hire a collections attorney or collections company at anytime. Both will place a mark on the tenats credit report and use all legal avenues to collect the judgement. Collections attorneys can excercise the full rights of the landlord. This can mean another law suit which will cost money to defend, a subpoena, and court orders that must be adhered to. Manytimes, a tenat vacates because they know they cannot pay the rent and does not want to face the landlord. Landlords know issus happen and are understanding. As well, there are resources the tenant can avail themselves to that may help. Rather than vacating, there are less painful options for the tenant. Still, there will be tenants who will vacate for one reason or another. Landlords have rights in these matters and tenants cannot offer a defense to vacating. Keep in mind that because vacating is so costly to the landlord, the landlord will take all options available to them. Vacating is seldom excused by the landlord. Vacating causes more problems for the tenant than they may want to face.
Moving Before the Lease Term
Some leases do not allow or restrict month to month lease terms. Leases with longer terms are both beneficial to the tenant and landlord. Landlords who seek longer lease terms take on larger risks with unproven tenants. Longer lease terms allows a landlord to offer lower rents. Tenants are restricted to the lease term and must give notice of moving 30 days, or one month, prior to the end of the lease term. Moving before the end of the lease term may mean the landlord has the right to collect rent for the remaining of the lease term. The landlord has the reposnsibility to rerent the rental as resonably quickly as possible, however, as stated in the previous section, this may take a while. Many landlords will allow a good tenant to move out prior to their lease term. Talk to the landlord. Landlords have rights for early move-outs that they may chose to exercise. However, landlords are understanding and are willing to work with good tenants. Tenants can legally break the lease where a landlord violates the lease or the law. Other exceptions are relocation for work, etc. Do not take these matters into your own hands. It is better to talk to the landlord in advance of moving. If the landlord is not reasonable, know the lease and the law. Where the landlord does not appear to have legal standing, hire an attorney.
Rental Condition and Normal Wear and Tear
I discussed much of this in another section, however, it is important to make some point regarding move-outs. The tenant is responsible to return the rental in the same condition as they recieved it. Landlords clean each unit prior to moving in and make sure that the rental is fully functional. Some exceptions can be made for minor repairs and normal wear and tear especially where a landlord has been given notice of a problem that has not been addressed. If a tenant returns the rental in reasonable condition, then there should not be a problem assuming the tenant is in compliance with the lease terms and laws. However, trash removal, property removal, property storage, heavy cleaning and repairs for issues beyond nornal wear and tear, and other costs may be sought by the landlord in court. Make sure you remove all items and clean the rental well. Do not leave a problem for the landlord. It is best for the tenant to notify the landlord of any repairs when the tenant gives notice to move. This gives the landlord the opportunity to repair the items. Otherwise, the tenant may face some liability depending upon the repair required.
Notice
Tenats are required to give at least 30 days notice prior to moving in writing. Just telling the landlord is not enough. Simply write a quick note and hand it to the landlord. If your landlord is unreasonable, photocopy the note and have a witness. When giving notice, do not be too vague. You do not have to give exact dates, but be clear of your plans so that the landlord can make plans. For example, to say you are moving at the end of October or beginning of November is unclear. But to say you are moving at the end of October is clear enough. This allows the landlord to plan time for cleaning, painting, repairs, and plan when to advertise the rental. Teants who do not give proper notice may be held liable for unpaid rent for the lease term remaining. If a lease term is ending, do not assume the landlord knows you are moving. Lease terms auto renew in many cases. The tenant may still be held liable for cost where a notice has not been given.
Moving Out
As with moving in, many landlors will assist with a tenatn moving out. Landlords have equipment and resources that can help a tenant during the move. Landlords may be ready to get the other end of a couch, loan a hand truck or dolly, and remove doors where necessary. Do not damage the property when moving. Landlords are willing to help reduce damage and assist a good tenant. Landlords are often very helpful even when losing a tenant. Talk to the landlord to see how they may be able to help. Getting the landlords help is a benefit to both the tenant and the landlord. Take advantage of this.
Control and Custody
After moving out and cleaning the property, return the keys as quickly as is reasonable. If you move out at the end of the month, do not wait to the beginning fo the next month before returning the keys. Where the tenant has the keys, they also have care and custody of the rental. If the keys are returned too late, the landlord has the right to more rent. Since rents are often due on the 1st, keys returned on the 1st or after the 1st, makes the tenant liable for that month. If, however, the keys are returned with the agreement of the landlord during on the 1st or very soon after the 1st, the landlord may waive any rights they have to rent. Talk to the landlord. During the move-out, it is best to keep the landlord up to date with your plans and progress. Consideration of the landlord goes a long way to consideration of the tenant. Most landlords are reasonable. However, some tenants are not reasonable and not considerate of the landlord. In these cases, landlords may opt to seek the additional rent as the law allows.
Return of the Security Deposit
While laws vary, and tenants should research this topic for their state, most states require that a landlord itemize how the security deposit will be used to cover expenses they are legally allowed within 30 days including returning the security deposit or remainder within 30 days. Some states allow as much as 45 days. The landlord can
Forwarding Address
Teants often disadvantage themselves when they move out by not leaving a forwarding address. Many landlords will require this in the lease. Many times tenants to do not fill out mail forward request cards with the US Postal Service. Unless the tenant checks the mail delivered to the address they just moved out of, they may miss important information. This is a tactic of people with ill intentions, however, for all others, the landlord may not be able to provide important information and return security deposits. If the forwarding address has not been left with the landlord, the landlord will likely check with the local US Postal Office for a forwarding address. If none is found, the landlord has no choice but to use the leased address. This counts as legal notice in many cases. It is highly advisable for tenats to leave a forwarding address when moving out.
