The essential all-in-one book for anyone paying rent!
Every Tenant's Legal Guide gives you the legal and practical information you need to deal with your landlord and other tenants, and protect your rights when things go wrong. Written in plain English, it shows you how to:
inspect a place before you move in
negotiate a lease or rental agreement
put roommate relationships on a sound legal footing
understand key rules on rent increases and rent control
get needed repairs and maintenance
protect your privacy
fight illegal discrimination
break a lease with minimum financial liability
get your security deposit back
understand and prepare for eviction proceedings
The updated 5th edition of Every Tenant's Legal Guide comes complete with tear-out forms, as well as charts that help you find and understand the latest laws of your state.
It goes almost without saying that choosing a place to live is an extremely important decision. A good apartment or house should provide more than shelter, warmth, and a place to lay your head; it should be a true home. Yet many people make bad choices -- spending too much money; picking the wrong location, landlord, or neighbors; or settling on a place that's too small, dreary, noisy, unsafe, or in bad shape. Sure, if you're in a tight rental market, such as those in New York City, San Francisco, or Chicago, you can have an especially difficult time finding a good place to live at a reasonable price, but it's still possible to find decent housing.
Finding a good place to live is rarely a lucky accident. Whether rental housing is plentiful or scarce, there are specific steps you can take to find an apartment or house that meets your needs and budget. Most important, you need to take your time. One of the worst -- and most costly -- mistakes you can make is to sign a lease or put down a hefty deposit at the end of a long, frustrating day of apartment-hunting, only to realize later that the place is completely unsuitable. Even if it means staying with friends for a few weeks, finding a short-term rental or house-sitting arrangement, or (horrors) moving back in with your parents temporarily, it may be well worth it.
Whether you're looking for your first or tenth rental, living by yourself or with others, this chapter shows you how to find a good place to live within your price range, by:
setting clear priorities before you start looking for a place to rent
using a variety of resources to tap into available rentals, and
beating the competition by pulling together the information landlords want to see -- good references and credit information -- before you visit prospective rentals.
This chapter also explains your legal rights and responsibilities regarding the rental application process, credit reports, credit-check fees, and holding deposits.
If you're moving from one rental to another, be sure you understand all the legal and practical rules for ending a tenancy, getting your deposit returned, and moving out. See Chapters 15 and 16 for details.
Check Your Credit Rating Before You Start Your Housing Search
Your credit report contains a wealth of information that landlords use to choose (or reject) tenants -- for example, the report lists any bankruptcy filings, uncollected child support, and unpaid debts that have been reported to the credit reporting agency. It will also reflect favorable information, such as your ability to pay your card balances and other debts on time. To make sure your credit report is accurate -- or to give yourself time to clean it up if there are problems or errors -- get a copy of your report before you start looking. "Rental Applications and Credit Reports," below, provides complete details.
Synopsis
The essential all-in-one book for anyone paying rent!
Table of Contents
Introduction
1. Finding a Place to Rent
2. Leases and Rental Agreements
3. Basic Rent Rules
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4. Security Deposits
5. Discrimination
6. Inspecting the Rental Unit and Moving In
7. Roommates
8. Major Repairs and Maintenance
9. Minor Repairs and Maintenance
10. Making Improvements and Alterations
11. Your Right to Privacy
12. Injuries on the Premises
What to Do If You're Injured
Is the Landlord Liable?
If You're at Fault, Too
How Much Money You're Entitled To
13. Environmental Hazards
Asbestos
Lead
Radon
Carbon Monoxide
Mold
14. Crime on the Premises
The Landlord's Basic Duty to Keep You Safe
Problems With Other Tenants
Illegal Activity on the Property and Nearby
Getting Results From the Landlord
Protecting Yourself
15. How Tenancies End or Change
Changing Terms During Your Tenancy
How Month-to-Month Tenancies End
How Fixed-Term Leases End
Retaliation and Other Illegal Tenancy Terminations
How to Stay When Your Landlord Wants You Out
Getting Out of a Lease
Condominium Conversions
If the Landlord Sells or Goes Out of Business
16. Moving Out and Getting Your Security Deposit Back
Basic Rules for Returning Deposits
Deductions for Cleaning and Damage
Deductions for Unpaid Rent
Avoiding Fights Over Deposits
Security Deposits From Cotenants
How to Handle Deposit Disputes
Suing Your Landlord in Small Claims Court
If Your Deposit Doesn't Cover What You Owe
Your Abandoned Property
17. Termination Notices Based on Nonpayment of Rent and Other Illegal Acts
Termination Notices
Other Violations of the Lease or Rental Agreement
Violations of Your Legal Responsibilities as a Tenant
Illegal Activity on the Premises
Negotiating With the Landlord
Getting Help From a Mediator
Refusing to Move Out
Cutting Your Losses and Moving
18. Evictions: An Overview
When to Fight -- And When to Move
Illegal "Self-Help" Evictions
How Eviction Lawsuits Work
Stopping Eviction by Filing for Bankruptcy
19. Resolving Problems Without a Lawyer
How to Negotiate a Settlement
Using a Mediator
Suing in Small Claims Court
Tenants Working Together
20. Lawyers and Legal Research
How a Lawyer Can Help You
Finding a Good Lawyer
Fee Arrangements With Lawyers
Resolving Problems With Your Lawyer
Doing Your Own Legal Research
Appendixes
1. State Laws
2. Tear-Out Forms
Looking for and Finding a Rental
Rental Priorities Worksheet
Apartment-Finding Service Checklist
Rental Application
Consent to Background and Reference Check
Receipt and Holding Deposit Agreement
Moving In and Making Changes
Landlord-Tenant Checklist
Agreement Regarding Tenant Improvements to Rental Unit
Amendment to Lease or Rental Agreement
Moving Out and Getting Your Deposit Back
Tenant's Notice of Intent to Move Out
Termination of Lease
Consent to Assignment of Lease
Demand for Return of Security Deposit
Index
Reviews
Robert Bruss,nationally syndicated columnist ...
This superb book is written primarily for residential tenants, landlords should read it, too... On my scale of 1 to 10, this outstanding book rates an off-the-chart 12.
Kiplinger's Personal Finance Magazine ...
A perfect fit for young adults about to commit to a financial obligation that could cost them $12,000 to $24,000 per year...
Los Angeles Times...
Don't let any landlord violate your rights. If you are having a problem, do the research. Get a copy of a renter's law book, such as the Nolo's Every Tenant's Legal Guide...
About the Author
Ms. Portman is the Managing Editor at Nolo. She specializes in residential and commercial landlord/tenant law, legal issues related to courts, landlords and tenants, and neighbor disputes. She is the co-author of Every Landlord's Legal Guide, Every Landlord's Guide to Finding Great Tenants, Every Tenant's Legal Guide, Renters' Rights, Negotiate the Best Lease for Your Business, Leases & Rental Agreements, The California Landlord's Law Book: Rights and Responsibilities, and California Tenants' Rights. Ms. Portman received undergraduate and graduate degrees from Stanford University and a law degree from Santa Clara University. Before joining Nolo in 1994, she practiced law as a public defender.
