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Frequently Asked QuestionsClick on any of the FAQ below to find the answer: 2
- Can the landlord ever change the lease substantially? 3
- What if my landlord does not give me a list of damages
when I move into / out of my apartment? 4
- What can the landlord do if I leave without paying all
the rent I owe? 5
- What can the landlord do if the landlord cannot find
the tenant to return the security deposit? 6
- Can the landlord enter the apartment when the tenant is
out of town? 7
- Can the landlord charge me for damages caused by one of
my roommates, my family, or my friends? 8
- Can I end my lease early if my landlord will not make
repairs? 9
- Can the landlord legally evict a tenant without a court
hearing? 10
- Can the landlord keep my belongings if I don’t pay
rent? 11
- What happens if one of my roommates decides not to
move in with me/us at the last minute?
12
- What happens if one of my roommates decides to move
out before the lease is over?
1
- Can The Landlord Give The Tenant New Rules And
Regulations For Living In The Apartment After The Tenant Has Moved In? YES. The new rules cannot create substantial changes in the original deal. The rules must be reasonable, applied equally to all tenants, and made to protect the rental unit, the tenant’s well-being, or the welfare of other tenants. The tenant should ask for the rules in writing.
2
- Can The Landlord Ever Change The Lease
Substantially? YES. The landlord can change it only if the tenant agrees in writing and the tenant is somehow compensated for the change.
3
- What If My Landlord Does Not Give Me A List Of
Damages When I Move Into / Out of My Apartment? In this case, the landlord has no legal right to keep any part of the Security Deposit. However, if you end up taking the landlord to court for the deposit, you cannot prove you did not damage the apartment without a Damage List. If you are moving in and you still want to move in, it would be a good idea for you to sign your own list and give the landlord a copy in case s/he tries to argue against you in court later (see Damage Lists for more).
4
- What Can The Landlord Do If I Leave Without Paying
All The Rent I Owe? After 30 days, unless the tenant demands a return of the Security Deposit, the landlord can apply the deposit toward the rent owed. If the tenant demands the deposit be returned, the landlord must send him/her a written statement explaining the debt owed by the tenant for rent. If the tenant still does not pay, the landlord can sue him/her for the money (see Not Paying Rent for more).
5
- What Can The Landlord Do If The Landlord Cannot Find
The Tenant To Return The Security Deposit? If the tenant does not owe any rent when the tenant leaves and is due a refund of the Security Deposit, the landlord should send written notice of the amount of the refund to the tenant’s last known address. If the tenant does not get in touch with the landlord within 60 days, the landlord can keep the Security Deposit.
6
- Can The Landlord Enter The Apartment When The Tenant
Is Out Of Town? YES. If the tenant is gone more than 7 days, the landlord may enter the apartment at reasonable times for a necessary cause. NORMALLY THE LANDLORD MUST GIVE THE TENANT 2-DAY NOTICE BEFORE ENTERING THE APARTMENT (unless there is an emergency). If the landlord is entering the apartment excessively, the tenant is allowed to take measures to keep the landlord out. (See Landlord Noncompliance for more. See also the Sample Notice for Violation of Landlord Access.)
7
- Can The Landlord Charge Me For Damages Caused By One
Of My Roommates, My Family, Or My Friends? YES. The tenant is responsible for damages caused by the tenant or family or friends. If the damages affect health and safety and they can be fixed by repairing, cleaning, or replacing damaged items to the satisfaction of the landlord, the tenant may do the work. If the tenant does not make the repairs within 14 days after getting the landlord’s notice, or as soon as required in an emergency, the landlord can enter the apartment and have the work done. The landlord can then give the tenant a bill for all of the things repaired and add the bill to the next rent payment due (see Tenant Noncompliance).
8
- Can I End My Lease Early If My Landlord Will Not
Make Repairs? Maybe.
See Maintenance Neglect.
9 - Can The Landlord Legally Evict A Tenant Without A Court Hearing? NO. The landlord cannot lock out the tenant, remove property, or cut off the tenant’s water, gas, or electricity, without first going through the court Eviction procedure and getting a legal order. The tenant cannot legally be forced out unless a court officer comes to the apartment.
10 - Can The Landlord Keep My Belongings If I Don’t Pay Rent? Maybe. If you agree in writing (on the lease) to allow your landlord to take your possessions for not paying rent (usually within 7 days of its due date), then your Landlord Can Take Your Possessions. If you do not agree in writing, then the landlord canNOT take your possessions without getting permission from a court first. The landlord can keep your belongings if you leave them behind when you move out, or if you completely abandon the property. (If the tenant comes looking for belongings, s/he has not abandoned them.)
11
- What
Happens If One of My Roommates Decides Not To Move In With Me/Us
at the Last Minute?
or 12
- What Happens If One Of My Roommates Decides To Move Out Before The
Lease Is Over?
If the roommate is still willing to pay rent, then there’s nothing to worry about. If s/he won’t pay rent, then there are a few things to consider – Anyone who has signed the Lease is responsible for his/her share of the rent. But the landlord can hold any or all of you liable for the rent. You may therefore have to pay your absent roommate's share of the rent to avoid getting evicted yourself. Look over Sharing An Apartment to learn more.
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