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Is it next to impossible to get the rent out of your roommate each month? Or is your landlord forgetting about the clogged drain he said he'd repair weeks ago? Then it's time to assert your renters' rights!

Aimed at everyone from the new renter on the block to more seasoned tenants who just want to know the basics, this new Legal Basics book is packed with the critical legal and practical information that every renter needs.

Written in plain English, the book covers important concerns like:

leases and rental agreements

discrimination

rent

security deposits

privacy

roommates

repairs and maintenance

and much more

Co-authored by two experts in tenants' rights, this book is as indispensable as a friend with a pickup truck and a free weekend. The 5th edition is completely updated and revised to reflect the latest landlord-tenant laws of your state.

Play the Landlord's Game and Win

Looking for a place? No problem -- with money, great references, no pets, not too many roommates -- it's a breeze!" If your reaction to this line is "Unfortunately, that doesn't describe me," read on. You don't have to be wealthy or squeaky clean to get the rental you want -- just savvy.

The good news. Thanks to federal and state anti-discrimination laws, landlords are limited in what they can say and do when selecting tenants. Basically, unless a landlord has a legitimate business reason for turning you down, she risks running afoul of these laws, which can spell big legal trouble for her. Because anti-discrimination laws are so important, we devote a whole chapter to them -- Chapter 5.

The sobering news. Aside from complying with anti-discrimination laws, landlords have a lot of leeway in choosing tenants. Landlords are legally free to chose whomever they think will be the best, most stable tenant -- ideally, someone who pays the rent on time and won't cause any problems.

Since landlords can choose tenants based on their likelihood of being "maintenance-free," applicants with a shadow or two in their past (a bad reference, a few late rent payments) or a shaky present (low income relative to the monthly rent) need to know how to anticipate -- and head off -- the landlord's hesitations before they solidify into a "No." And if you live in a tight rental market -- like New York City or San Francisco -- you'll need to be fast, persistent and street-smart to score a reasonably priced rental.

This chapter alerts you to the main factors landlords consider when choosing tenants, such as credit reports and references, and gives advice on how to improve your chances of getting a place you like -- and can afford.

TENANT TRAPS

Read this chapter to find out why you should:

Never rent from a landlord who asks non-business-related questions or subjects you to an inquisitory grilling. These are red flags that indicate that the landlord does not understand -- or chooses not to follow -- the law.

Never pay more for a credit check than a reasonable approximation of the landlord's actual costs. A landlord who gouges you on this one will do the same on another occasion.

Never let a prospective landlord see your credit report before you do. If the report is inaccurate, you need to take immediate steps to fix it. If the report is correct but damaging, you should prepare your explanations and defenses in advance.

Never lie on the rental application. It's the kiss of death.

Never rent a place that you have serious misgivings about -- whether it's the landlord, the neighbors, the neighborhood or the unit itself. It may be harder than you think to get out.

A. Legal and Illegal Reasons for Turning You Down A landlord is legally free to set whatever conditions he wants for a tenancy as long as they are reasonably related to his business needs and don't violate anti-discrimination laws. The Federal Fair Housing Acts (42 U.S. Code ss 3601-3619) prohibit discrimination on the basis of race, color, religion, national origin, gender, age, familial status (having children) and physical or mental disability (including alcoholism and past drug addiction). In addition, many states and cities also prohibit discrimination based on marital status or sexual orientation.

 

Aimed at everyone from the new renter on the block to more seasoned tenants who just want to know the basics, this new Legal Basics book is packed with the critical legal and practical information that every renter needs.

Introduction

1. Play the Landlord's Game and Win
A. Legal and Illegal Reasons for Turning You Down
B. Your Credit Report Can Make or Break Your Application
C. References Are All-Important
D. Smart Moves: How to Find a Good Place
E. How to Impress Prospective Landlords

2. Leases and Rental Agreements
A. How Written Leases and Rental Agreements Differ
B. Who Should Sign a Lease or Rental Agreement
C. Typical Provisions in Leases and Rental Agreements
D. Negotiating With the Landlord
E. Common Negotiation Issues
F. Signing a Lease or Rental Agreement
G. Get It in Writing: A Letter of Understanding

3. Rent Rules
A. Rent Gouging: Isn't There a Law Against It?
B. The Nitty-Gritty on Where and How to Pay Rent
C. Mabel, Isn't There a Grace Period?
D. What To Do-and Not To Do-If You Can't Pay Rent on Time
E. Late Rent Fees
F. Tenancy Terminations for Nonpayment of Rent
G. Rent Increases
H. The Landlord's Right to Change Other Rent Terms

4. Security Deposits
A. Dollar Limits on Security Deposits
B. How Landlords May Increase Deposits
C. What's the Money For?
D. Last Month's Rent
E. Nonrefundable Deposits and Fees
F. Are You Entitled to Interest on Your Deposit?
G. How Your Landlord's Bankruptcy or Property Sale Affects Your Deposit

5. Discrimination
A. Discrimination Prohibited by Federal Laws
B. Kinds of Discrimination Prohibited by State and Local Law
C. How to Fight Back

6. Roommates
A. Renting a Place with Others
B. When a Roommate Walks Out
C. Adding a New Roommate
D. Taking In a Roomer

7. Repairs and Maintenance
A. Your Right to A Livable Place
B. Your Repair and Maintenance Responsibilities
C. Persuading Your Landlord to Do Major Repairs
D. Using Heavy Artillery for Major Repairs
E. Laying the Minor Repair Job on the Landlord
F. Getting the Landlord to Make Minor Repairs

8. Tenants' Rights to Privacy
A. Entry by the Landlord
B. Entry by Others
C. Limits On Your Guests
D. How to Get Your Landlord to Back Off

9. How Tenancies Change and End
A. Changing Your Tenancy Without Ending It
B. How Month-to-Month Tenancies End
C. What Happens When Your Lease Runs Out
D. Breaking a Lease and Leaving Early

10. Getting Your Deposit Back
A. How Your Landlord May Use Your Deposit
B. The Mechanics of Getting the Deposit Back
C. Avoiding Fights Over Deposits
D. Suing to Get the Deposit Back

11. Landlord Retaliation
A. Where Does the Law Protect You?
B. What Is Retaliation?
C. Responding to Retaliation
D. Proving That It's Retaliation

12. Rent Control
A. Property Subject to Rent Control
B. Limits on Rent
C. Evictions in Rent Control Areas
D. Interest Payments on Security Deposits
E. Special Notice Requirements
F. Bypassing the Rent Control Ordinance

13. Getting Help With Your Dispute

Appendix 1: How to Find Landlord-Tenant Laws Online

Appendix 2: State Laws
State Landlord-Tenant Statutes
State Rent Rules
Notice Required to Change or Terminate a Month-to-Month Tenancy
State Security Deposit Rules
State Laws on Rent Withholding and Repair-and-Deduct Remedies
State Laws on Landlord's Access to Rental Property
The Landlord's Duty to ReRent the Premises
State Laws Prohibiting Landlord Retaliation
Selected Rent Control Ordinances

This new book is another in [Nolo's] series that makes learning about legal topics interesting and almost fun. Well written, well researched and practical describe this thorough rental-law guide book. On my scale of one to 10, this outstanding book rates an off-the-chart 12.

 

If landlords nationwide were to recommend [this] book to renters, I'd bet only half of today's landlord/tenant problems would exist in the future.

 

This lively, practical and occasionally humorous new book... is another in the Nolo Press series that makes learning about legal topics interesting and almost fun.

 

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.

 

Renters' Rights by Janet Portman
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