Security Deposit FAQ 
Answers to frequently asked questions about putting your money down and getting it back. 
 

How much security deposit can a landlord charge?
All states allow landlords to collect a security deposit when the tenant moves in; the general purpose is to assure that the tenant pays rent when due and keeps the rental unit in good condition. Half the states limit the amount landlords can charge, usually not more than a month or two worth of rent--the exact amount depends on the state. (For the amount in your state, see State Laws on Security Deposit Limits.) 
Many states require landlords to put deposits in a separate account and some require landlords to pay tenants the interest on deposits.

What are the rules for returning security deposits?
The rules vary from state to state, but landlords usually have a set amount of time in which to return deposits, usually 14 to 30 days after the tenant moves out--either voluntarily or by eviction. (See Deadlines for Landlords to Itemize and Return Security Deposits.) 
Landlords may normally make certain deductions from a tenant's security deposit, provided they do it correctly and for an allowable reason. Many states require landlords to provide a written itemized accounting of deductions for unpaid rent and for repairs for damages that go beyond normal wear and tear, together with payment for any deposit balance.
A tenant may sue a landlord who fails to return his or her deposit when and how required, or who violates other provisions of security deposit laws such as interest requirements; often these lawsuits may be brought in small claims court. If the landlord has intentionally and flagrantly violated the law, in some states, a tenant may recover the entire deposit--sometimes even two or three times this amount--plus attorney fees and other damages. 

  
Noise FAQ
Answers to your questions about noisy neighbors.

Are noisy neighbors breaking the law?
You bet. Almost every community prohibits excessive, unnecessary and unreasonable noise, and police enforce these laws. To find out what your town's noise ordinance says, ask at the public library or the city attorney's office. Most local noise ordinances designate certain "quiet hours"--for example, from 10 p.m. to 7 a.m. on weekdays, and until 8 or 9 a.m. on weekends. So running a power mower may be perfectly acceptable at 10 a.m. on Saturday, but not at 7 a.m. Some universally disturbing sounds are commonly banned or restricted. For instance, most cities prohibit honking car horns unless there is danger. (In New York City, which has such a rule, the minimum fine is $220, but fines are as rare as whooping cranes in Central Park.) This means that the daily early morning tooting across the street for the carpool is a violation. Dogs and motorcycles may also be singled out.
When is noise unreasonable? The general rule is that it's unreasonable if it is, in the mind of an average person, too loud, prolonged or disturbing for the time of day. The child who practices the piano for an hour each day is certainly not a matter for the law. A roaring piano at 11 o'clock every night is.
Many towns also prohibit sustained noise that exceeds a certain decibel level. The decibel limits are set according to the time of day and the neighborhood zoning. When a neighbor complains, police place decibel level monitoring equipment on an estimated property line and take a reading.
If the noise level is too high, the person responsible will usually be warned. Another violation will bring a fine--for instance, $100 for the first time and $200 the second. statutes. 

How should I approach my neighbor about a noise problem?
There are two common reactions to noise coming from a neighbor. The first is resignation. You hate the noise, but you do nothing. The second is anger. You lose your temper and call the cops. There are better ways to handle the situation.
Approach the Neighbor.

Raising a problem with a neighbor is not easy. But it should always be the first step and, if done with respect and sensitivity, may be the last. Often the neighbor is unaware of a problem--for instance, the dog barks only when nobody is home. Assume that the neighbor doesn't know and would like to be told. If you are being bothered, someone else probably is too. The greater the number of people complaining, the faster the relief should be.
Warn the Neighbor. 

If complaining doesn't work, get a copy of your local noise ordinance at city hall or the public library. Send a copy to the neighbor with a note repeating your request to keep the noise down and explaining that you'll be forced to notify the authorities if you don't get results. If you rent or live in a planned development, send a copy of the lease agreement or special rules to the neighbor. If that doesn't work, report the problem to the landlord in writing. Especially if several tenants complain at the same time, the landlord will probably order the tenant to quiet down or face eviction.
Suggest Mediation.

If you value the neighbor relationship at all, or just want peace in the future, give mediation a try. You and the neighbor can sit down together with an impartial mediator and resolve your own problems. Mediation services are available in most cities and often they are free. Simply call the mediation center, and it will then contact the neighbor for you. Especially if there are problems other than noise, the neighbor may be delighted at a chance to be heard.

Call the Police.

No response from the neighbor? Stereo turned up another notch?  Now is the time to bring in the police (or, if the problem is a barking dog, the Animal Control Department). If you have tried to solve the problem yourself, the police will know your complaint is serious and that you need help. Try to notify the police while the noise is continuing, so they can measure the noise or hear it for themselves. (Some people simply hold the phone out the window.) Sometimes cities won't act until the noise affects two or more persons, to prevent complaints from excessively sensitive people.
Sue for Nuisance. 
As a last resort, you can sue in small claims court. It's easy and inexpensive, and you don't need a lawyer.
 

Rent FAQ
Learn about the laws that cover rent due dates, late rent and rent increases.

What laws cover rent due dates, late rent and rent increases?

By custom, leases and rental agreements usually require rent to be paid monthly, in advance. Often rent is due on the first day of the month. However, it is legal for a landlord to require rent to be paid at different intervals or on a different day of the month. Unless the lease or rental agreement specifies otherwise, there is no legally-recognized grace period--in other words, if a tenant hasn't paid the rent on time, the landlord can usually terminate the tenancy the day after it is due. Some landlords charge fees for late payment of rent or for bounced checks; these fees are usually legal if they are reasonable. The laws on late fees can be found in your state's landlord-tenant statutes. 
For month-to-month rentals, the landlord can raise the rent (subject to any rent control laws) with proper written notice, typically 30 days. With a fixed-term lease, the landlord may not raise the rent during the lease, unless the increase is specifically called for in the lease, or the tenant agrees. 

How does rent control, work?
Communities in only five states--California, the District of Columbia, Maryland, New Jersey and New York--have laws that limit the amount of rent landlords may charge. Rent control ordinances (also called rent stabilization, maximum rent regulation or a similar term) limit the circumstances and times rent may be increased. Many rent control laws require landlords to have a legal or just cause (that is, a good reason) to evict a tenant--for example, if the tenant doesn't pay rent or if the landlord wants to move a family member into the rental unit. Landlords and tenants in New York City, Newark, San Francisco and other cities with rent control, should be sure to get a current copy of the ordinance and any regulations interpreting it. Check the phone book for the address and phone number of the local rent control board or contact the mayor or city manager's office.

   

Housing Discrimination FAQ
Learn about illegal housing discrimination, including how to file a complaint.

What types of housing discrimination are illegal?
The federal Fair Housing Act and Fair Housing Amendments Act (42 U.S. Code §§ 3601-3619, 3631) prohibit landlords from choosing tenants on the basis of a group characteristic such as: 
            · race 
            · religion 
            · ethnic background or national origin 
            · sex 
            · age 
            · the fact that the prospective tenant has children (except in certain designated senior housing), or 
            · a mental or physical disability. 
In addition, some state and local laws prohibit discrimination based on a person's marital status or sexual orientation.
On the other hand, landlords are allowed to select tenants using criteria that are based on valid business reasons, such as requiring a minimum income or positive references from previous landlords, as long as these standards are applied equally to all tenants. 

What are examples of housing discrimination?
The Fair Housing Act and Amendments prohibit landlords from taking any of the following actions based on race, religion or any other protected category: 
              · advertising or making any statement that indicates a preference based on group characteristic, such as skin color 
              · falsely denying that a rental unit is available 
              · setting more restrictive standards, such as higher income, for certain tenants 
              · refusing to rent to members of certain groups 
              · refusing to accommodate the needs of disabled tenants, such as allowing a guide dog, hearing dog or service   dog 
              · setting different terms for some tenants, such as adopting an inconsistent policy of responding to late rent payments, or terminating a tenancy for a discriminatory reason. 

How does a tenant file a discrimination complaint?
A tenant who thinks that a landlord has broken a federal fair housing law should contact the U.S. Department of Housing and Urban Development (HUD), the agency which enforces the Fair Housing Act. To find the nearest office, call HUD's Fair Housing Information Clearinghouse at (800) 343-3442, or check the HUD website at www.hud.gov. HUD will provide a complaint form and will investigate and decide the merits of the claim. A tenant must file his or her complaint within one year of the alleged discriminatory act. HUD will typically appoint a mediator to negotiate with the landlord and reach a settlement (called a "conciliation"). If a settlement can't be reached, the fair housing agency will hold an administrative hearing to determine whether discrimination has occurred. 
If the discrimination is a violation of a state fair housing law, the tenant may file a complaint with the state agency in charge of enforcing the law. In California, for example, the Department of Fair Employment and Housing enforces the state's two fair housing laws.
Also, instead of filing a complaint with HUD or a state agency, tenants may file lawsuits directly in federal or state court. If a state or federal court or housing agency finds that discrimination has taken place, a tenant may be awarded damages, including any higher rent he or she had to pay as a result of being turned down, and damages for humiliation or emotional distress 

    
Repairs and Maintenance FAQ
Learn about landlord's duties to repair and maintain rental property.

What are the landlord's repair and maintenance responsibilities?
Under most state and local laws, rental property owners must offer and maintain housing that satisfies basic habitability requirements, such as adequate weatherproofing, available heat, water and electricity, and clean, sanitary and structurally safe premises. Local building or housing codes typically set specific standards, such as the minimum requirements for light, ventilation and electrical wiring. Many cities require the installation of smoke detectors in residential units and specify security measures involving locks and keys.
To find out more about state laws on repair and maintenance responsibilities, check your state's landlord-tenant statutes. Your local building or housing authority, and health or fire department, can provide information on local housing codes and penalties for violations.

Tenants Privacy Rights FAQ

What are a tenant's rights if the landlord refuses to maintain the property?
If a landlord doesn't meet his or her legal responsibilities, a tenant usually has several options, depending on the state. These options include: 
     · paying less rent 
     · withholding the entire rent until the problem is fixed 
     · making necessary repairs 
     · hiring someone to make necessary repairs and deducting the cost from the next month's rent 
     · calling the local building inspector, who can usually order the landlord to make repairs, or 
moving out, even in the middle of a lease. 
A tenant can also sue the landlord for a partial refund of past rent, and in some circumstances can sue for the discomfort, annoyance and emotional distress caused by the substandard conditions.
Tenants should check state and local laws and understand remedies available before taking any action such as withholding rent.

What must tenants do to keep the rental property in good shape?
All tenants have the responsibility to keep their own living quarters clean and sanitary. And a landlord can usually delegate his repair and maintenance tasks to the tenant in exchange for a reduction in rent. If the tenant fails to do the job well, however, the landlord is not excused from his responsibility to maintain habitability. In addition, tenants must carefully use common areas and facilities, such as lobbies, garages and pools. 

    
Leases and Rental Agreements FAQ
What you need to know to create a fair, legally valid agreement--and what happens if landlord or tenant wants to break it. 

Why is it important to sign a lease or rental agreement?
The lease or rental agreement is the key document of the tenancy, setting out important issues such as: 
     · the length of the tenancy 
     · the amount of rent and deposits the tenant must pay 
     · the number of people who can live on the rental property 
     · who pays for utilities 
     · whether the tenant may have pets 
     · whether the tenant may sublet the property 
     · the landlord's access to the rental property, and 
     · who pays attorney fees if there is a lawsuit. 
Leases and rental agreements should always be in writing, even though most states allow them to be oral (spoken). While oral agreements may seem easy and informal, they often lead to disputes. If a tenant and landlord 
later disagree about key agreements, such as whether or not the tenant can sublet, the end result is all too likely to be a court argument over who said what to whom, when and in what context. This is particularly a problem with long-term leases, so courts in most states will not enforce oral agreements after the passage of one year.

What's the difference between a rental agreement and a lease?
The biggest difference is the period of occupancy. A written rental agreement provides for a tenancy of a short period (often 30 days). The tenancy is automatically renewed at the end of this period unless the tenant or landlord ends it by giving written notice, typically 30 days. For these month-to-month rentals (meaning the rent is paid monthly), the landlord can change the terms of the agreement with proper written notice, subject to any rent control laws. This notice is usually 30 days, but can be shorter in some states if the rent is paid weekly or bi-weekly, or if the landlord and tenant agree. 
A written lease, on the other hand, gives a tenant the right to occupy a rental unit for a set term--most often for six months or a year but sometimes longer--if the tenant pays the rent and complies with other lease provisions. Unlike a rental agreement, when a lease expires it does not usually automatically renew itself. A tenant who stays on with the landlord's consent will generally be considered a month-to-month tenant. 
In addition, with a fixed-term lease, the landlord cannot raise the rent or change other terms of the tenancy during the lease, unless the changes are specifically provided for in the lease, or the tenant agrees.

What happens if a tenant breaks a long-term lease?
As a general rule, a tenant may not legally break a lease unless the landlord significantly violates its terms--for example, by failing to make necessary repairs, or by failing to comply with an important law concerning health or safety. A few states have laws that allow tenants to break a lease because of health problems or a job relocation require a permanent move. 
A tenant who breaks a lease without good cause will be responsible for the remainder of the rent due under the lease term. In most states, however, a landlord has a legal duty to try to find a new tenant as soon as possible--no matter what the tenant's reason for leaving--rather than charge the tenant for the total remaining rent due under the lease.

When can a landlord legally break a lease and end a tenancy?
A landlord may legally break a lease if a tenant significantly violates its terms or the law--for example, by paying the rent late, keeping a dog in violation of a no-pets clause in the lease, substantially damaging the property or participating in illegal activities on or near the premises, such as selling drugs. 
A landlord must first send the tenant a notice stating that the tenancy has been terminated. State laws set out very detailed requirements as to how a landlord must write and deliver (serve) a termination notice. Depending on what the tenant has done wrong, the termination notice may state that the tenancy is over and warn the tenant that he or she must vacate the premises or face an eviction lawsuit. Or, the notice may give the tenant a few days to clean up his or her act--for example, pay the rent or find a new home for the dog. If the tenant fixes the problem or leaves as directed, no one goes to court. If a tenant doesn't comply with the termination notice, the landlord can file a lawsuit to evict the tenant. 

     
Landlord Liability for Criminal Acts and Activities FAQ

Landlords in most states now have at least some degree of legal responsibility to protect their tenants from would-be assailants and thieves, and from the criminal acts of fellow tenants.
Can a law-abiding citizen end up financially responsible for the criminal acts of a total stranger? Yes -- especially if it's a landlord who owns rental property where an assault or other crime occurred in the past. Rental property owners are being sued with increasing frequency by tenants injured by criminals, with settlements and jury awards typically ranging from $100,000 to $1 million.

What are the landlord's responsibilities for tenant safety and security?
Landlords in most states now have at least some degree of legal responsibility to protect their tenants from would-be assailants and thieves and from the criminal acts of fellow tenants. Landlords must also protect the neighborhood from their tenants' illegal activities, such as drug dealing. These legal duties stem from building codes, ordinances, statutes and, most frequently, court decisions. 

How can a landlord limit responsibility for crime committed by strangers on the rental property?
Effective preventive measures are the best response to possible liabilities from criminal acts and activities. The following steps will not only limit the likelihood of crime, but also reduce the risk that the property owner will be found responsible if a criminal assault or robbery does occur. A landlord should: 
   · Meet or exceed all state and local security laws that apply to the rental property, such as requirements for deadbolt locks on doors, good lighting and window locks. 
   · Realistically assess the crime situation in and around the rental property and neighborhood and design a security system that provides reasonable protection for the tenants -- both in individual rental units and common areas such as parking garages and elevators. Local police departments, the landlord's insurance company and private security professionals can all provide useful advice on security measures. If additional security requires a rent hike, the landlord should discuss the situation with his or her tenants. Many tenants will pay more for a safer place to live. 
   · Educate tenants about crime problems in the neighborhood, and describe the security measures provided and their limitations. 
   · Maintain the rental property and conduct regular inspections to spot and fix any security problems, such as broken locks or burned out exterior flood lights. Asking tenants for their suggestions as part of an ongoing repair and maintenance system is also a good idea. 
Handle tenant complaints about dangerous situations, suspicious activities or broken security items immediately. Failing to do this may saddle a landlord with a higher level of legal liability should a tenant be injured by a criminal act after a relevant complaint is made. 

What kind of legal trouble do landlords face from tenants who deal drugs on the property? 
Drug-dealing tenants can cause landlords all kinds of practical and legal problems:
   · It will be difficult to find and keep good tenants and the value of the rental property will plummet. 
   · Anyone who is injured or annoyed by drug dealers -- be it other tenants or people in the neighborhood -- may sue the landlord on the grounds that the property is a public nuisance that seriously threatens public safety or morals. 
   · Local, state or federal authorities may levy stiff fines against the landlord for allowing the illegal activity to continue. 
   · Law enforcement authorities may seek criminal penalties against the landlord for knowingly allowing drug dealing on the rental property. 
In extreme cases, the presence of drug dealers may result in the government confiscating the rental property. 
How can a property owner avoid legal problems from tenants who deal drugs or otherwise break the law? 
There are several practical steps landlords can take to avoid trouble from tenants and limit their exposure to any lawsuits that are filed:
   · Screen tenants carefully and choose tenants who are likely to be law-abiding and peaceful citizens. Weed out violent or dangerous individuals to the extent allowable under privacy and anti-discrimination laws that may limit questions about a tenant's past criminal activity, drug use or mental illness. 
   · Don't accept cash rental payments. 
   · Do not tolerate tenants' disruptive behavior. Include an explicit provision in the lease or rental agreement prohibiting drug dealing and other illegal activity and promptly evict tenants who violate the clause. 
   · Be aware of suspicious activity, such as heavy traffic in and out of the rental premises. 
   · Respond to tenant and neighbor complaints about drug dealing on the rental property. Get advice from police immediately upon learning of a problem. 
Consult with security experts to do everything reasonable to discover and prevent illegal activity on the rental property.