Every Tenant's Legal Guide

by Portman, Janet; Stewart, Marcia

• ISBN13: 9780873374927
• ISBN10: 0873374924
• Format: Paperback
• Copyright: 1999-10-01
• Publisher: Nolo

Summary

The only book of its kind, Every Tenant's Legal Guide gives you the legal and practical information you need to deal with your landlord, roommates and other tenants, and protect your rights when things go wrong. Written in plain English, it shows you how to: find a great home and inspect it, evaluate leases and rental agreements, put roommate relationships on a sound legal footing, understand rent increases, late fees and rent control, get a landlord to make repairs, withhold rent without getting into legal trouble, protect your privacy, fight illegal discrimination, handle a difficult landlord, get drug dealers out of the building, deal with lead paint, mold and asbestos, break a lease with minimum liability, get your security deposit returned fairly and on time, prepare for eviction proceedings, if necessary. The 5th edition of Every Tenant's Legal Guide includes a dozen tear-out forms and the latest laws of your state-simply look them up with the easy-to-use charts, which cover everything from security deposit rules to rent increases. Book jacket.

Table of Contents

Introduction
Finding a Place to Rent
Setting Your Rental Priorities	p. 4
How to Find an Apartment or House for Rent	p. 9
Visiting Prospective Rentals	p. 15
Checking Out the Neighbors	p. 16
Rental Applications and Credit Reports	p. 18
How Landlords Reject Tenants	p. 26
Finder's Fees and Holding Deposits	p. 27
Choosing Roommates	p. 30
Leases and Rental Agreements
How Leases and Rental Agreements Differ	p. 33
Oral Leases and Rental Agreements	p. 35
Typical Provisions in Leases and Rental Agreements	p. 36
Negotiating With the Landlord	p. 53
Changing a Lease or Rental Agreement	p. 57
Signing a Lease or Rental Agreement	p. 58
Cosigners	p. 58
Basic Rent Rules
How Much Can Your Landlord Charge?	p. 61
Rent Control	p. 62
When Is Your Rent Due?	p. 66
Grace Periods for Late Rent	p. 67
Where and How Rent Is Due	p. 67
Late Charges and Discounts for Early Payments	p. 70
Returned Check Charges	p. 73
Negotiating Partial or Delayed Rent Payments	p. 73
Rent Increases	p. 75
Talking the Landlord Out of a Rent Increase	p. 80
Security Deposits
Dollar Limits on Deposits	p. 84
How Landlords May Increase Deposits	p. 87
Last Month's Rent	p. 87
Nonrefundable Deposits and Fees	p. 88
Interest on Deposits and Separate Accounts	p. 89
How the Deposit May Be Used	p. 90
If Your Landlord Sells the Property	p. 91
Discrimination
Kinds of Discrimination Prohibited by Federal Laws	p. 95
Kinds of Discrimination Prohibited by State and Local Law	p. 106
How to Fight Back	p. 108
Inspecting the Rental Unit and Moving In
How to Inspect the Rental Unit	p. 116
Photographing the Rental Unit	p. 123
How to Handle Problems	p. 123
Clarifying Important Terms of the Tenancy	p. 124
Organizing Your Rental Records	p. 125
Roommates
Renting a Place With Others	p. 129
Adding a New Roommate	p. 137
Taking In a Roomer	p. 138
Major Repairs and Maintenance
Your Basic Right to Livable Premises	p. 142
State Laws and Local Housing Codes	p. 143
Court-Imposed Rules	p. 144
Your Repair and Maintenance Responsibilities	p. 145
Making Tenants Responsible for Repairs	p. 146
How to Get Action From Your Landlord	p. 146
What to Do If the Landlord Won't Make Repairs	p. 149
Minor Repairs and Maintenance
Minor Repairs: What Are They?	p. 162
The Landlord's Responsibilities	p. 162
Your Responsibilities	p. 165
Getting the Landlord to Make Minor Repairs	p. 167
Making Minor Repairs Yourself	p. 171
Making Improvements and Alterations
Improvements That Become Part of the Property	p. 174
Improving Your Rental Unit Without Enriching Your Landlord	p. 175
Cable TV Access	p. 176
Satellite Dishes and Other Antennas	p. 178
Your Right to Privacy
Entry by the Landlord	p. 184
Entry by Others	p. 190
Other Invasions of Privacy	p. 192
What to Do About Invasions of Privacy	p. 193
Injuries on the Premises
What to Do If You're Injured	p. 198
Is the Landlord Liable?	p. 201
If You're at Fault, Too	p. 209
How Much Money You're Entitled To	p. 210
Environmental Hazards
Asbestos	p. 215
Lead	p. 220
Radon	p. 230
Carbon Monoxide	p. 232
Mold	p. 234
Crime on the Premises
The Landlord's Basic Duty to Keep You Safe	p. 242
Problems With Other Tenants	p. 247
Illegal Activity on the Property and Nearby	p. 250
Getting Results From the Landlord	p. 252
Protecting Yourself	p. 258
How Tenancies End or Change
Changing Terms During Your Tenancy	p. 263
How Month-to-Month Tenancies End	p. 265
How Fixed-Term Leases End	p. 270
Retaliation and Other Illegal Tenancy Terminations	p. 272
How to Stay When Your Landlord Wants You Out	p. 273
Getting Out of a Lease	p. 274
Condominium Conversions	p. 286
If the Landlord Sells or Goes Out of Business	p. 287
Moving Out and Getting Your Security Deposit Back
Basic Rules for Returning Deposits	p. 291
Deductions for Cleaning and Damage	p. 294
Deductions for Unpaid Rent	p. 298
Avoiding Fights Over Deposits	p. 299
Security Deposits From Cotepants	p. 307
How to Handle Deposit Disputes	p. 308
Suing Your Landlord in Small Claims Court	p. 311
If Your Deposit Doesn't Cover What You Owe	p. 314
Your Abandoned Property	p. 314
Termination Notices Based on Nonpayment of Rent and Other Illegal Acts
Termination Notices	p. 322
Other Violations of the Lease or Rental Agreement	p. 324
Violations of Your Legal Responsibilities as a Tenant	p. 326
Illegal Activity on the Premises	p. 326
Negotiating With the Landlord	p. 327
Getting Help From a Mediator	p. 328
Refusing to Move Out	p. 329
Cutting Your Losses and Moving	p. 331
Evictions: An Overview
When to Fight-And When to Move	p. 334
Illegal "Self-Help" Evictions	p. 334
How Eviction Lawsuits Work	p. 335
Stopping Eviction by Filing for Bankruptcy	p. 345
Resolving Problems Without a Lawyer
How to Negotiate a Settlement	p. 348
Using a Mediator	p. 349
Suing in Small Claims Court	p. 350
Tenants Working Together	p. 353
Lawyers and Legal Research
How a Lawyer Can Help You	p. 358
Finding a Good Lawyer	p. 358
Fee Arrangements With Lawyers	p. 361
Resolving Problems With Your Lawyer	p. 363
Doing Your Own Legal Research	p. 364
Appendixes
State Laws
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
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