Housing and the Consumer

1. Housing and the Consumer

2. Leases: A Special Kind of Contract Lease-a rental agreement Specifies the amount of rent to be paid and the length of time for which the dwelling may be rented. States the rights and duties of the landlord and tenant.

3. Before you rent… 1. What are the costs? Deposit, utilities, security deposit? 2. Condition of apartment, repairs? 3. What services will you receive? 4. Any special rules? 5. Can you sublet? ***Leases are all written to favor the landlord

4. Lease Application Used by landlord to determine if you qualify Employment, income, previous addresses All rules of the contract are on the lease application. Month-to-month lease-enables you to move after 30 days notice Problem with month-to-month lease is rent can be raised or you can be evicted with 30 days notice.

5. Tenancy at Will Lease is for an indefinite period of time Remain after lease contract is up No obligation to each other

6. Tenancy for years Prevents the landlord from raising rent or evicting you. Lease terms of one year or more must be in writing to be enforceable.

7. Duties of the tenant #1-Pay the rent! Clause 1

8. Raising the rent Clause 16 Generally, landlords cannot raise rent during a lease. Some, like clause 16, allow for automatic raises Some large cities have rent control laws that limit raises in rent, or only allow raises if current tenant leaves.

9. Upkeep and Repairs Clause 11 Most states require landlords to keep houses or apartments in fit to live in condition and upkeep common areas such as hallways. Slumlord-term for landlords that are violating this law

10. Warranty of Habitablility Does not have to be written into the lease although many do have it. Landlord’s duty to fix and repair all major problems as well as minor issues. Tenant has a duty to notify the landlord of any needed repairs

11. Use of property Clause 3 Use of property only what it is originally leased for. Tenants can be evicted if crimes are committed on rented premises. Duty to return the property in the same general condition

12. Security deposit Clause 9 Usually one month’s rent held to insure that tenant fulfills agreement of terms in the lease Can be held for damages so be sure to document repairs before you sign a lease Tenants have no right to make any changes structure without permission.

13. Responsibilities for injuries Clause 15 Tenant cannot sue if landlord is negligent Called a “waiver of tort” liability Most courts do not uphold this Make sure it is not there when you sign the lease.

14. Landlord Access and Inspection Clause 6 Most leases give landlord right to enter premises to make repairs, collect rent, or enforce other provisions of leas Called a “right of access or entry” clause Most states require that it be a reasonable time of day and reasonable notice is given

15. Rules and Regulations Clause 18 Reasonable rules limit animals, keeping bicycles in halls, visitors, cooking children, security, hanging pictures on walls

16. Sublease Clause 5 Must obtain landlord’s permission before subleasing Most states inc. OH-original lease still in effect, violations and rent are your responsibility even if it was the person’s fault who subleased

17. Quiet Enjoyment One of a tenant’s most basic rights You should be able to enjoy the use of the property without being disturbed by landlord or other tenants.