Common Issues when Renting

When viewing a rental unit, be prepared to inspect for problems or damages. Take note of how well the property has been cared for and how the landlord responds to your questions, concerns, or requirements. If the law requires the landlord to repair the problems, inquire when the landlord intends to make the repairs. If the landlord is not required to make the repairs, write a detailed description of the problems and ask the landlord to sigh the description. If possible, take photographs. By doing this, you will document the fact that the problems were there when you moved in. In addition, after you move from the rental unit, the sighed written description and any supporting photographs will help reduce disputes over the landlord using the security deposit to repair these problems.

Look for the following problems when you inspect any rental unit:

• cracks in the floor or walls
• signs of leaking or water damage
• signs of rust in water from taps (turn on faucets)
• leaks in bathroom or kitchen fixtures
• lack of hot water (check the size of the hot-water tank)
• defective heating or air conditioning
• improper ventilation and lighting
• defects in electrical wiring and fixtures (check for frayed wiring)
• damage to flooring and carpeting
• damage to furnishings and window coverings
• unpleasant odors such as from mildew or pets
• broken appliances (check all appliances)
• bug or rodent infestations, especially in cabinets, under sinks, and around baseboards

Other things to check for or ask about:

• Is closet or storage space sufficient for your belongings?
• Are on-site laundry facilities available?
• Is there a fire escape?
• Does the unit have at least one smoke detector?
• Ask about the painting schedule. If the landlord promises that the unit will be painted before you move in, get this in writing.
• Check the condition of public areas, such as entrances and hallways, as they are good indicators of the maintenance that you can expect.
• Check to see if there is sufficient overhead lighting or if you would have to provide supplemental lighting.
• Is the rental unit in a safe area? Visit the area at night to get a feel for the neighborhood.

Exterior doors should:

• be solid core wood or metal
• fit the frame tightly (no more than 1/8" clearance)
• have hinges on the inside, not outside
• have a peephole
• not be blocked by trees or bushes
• not have decorative glass panels or windows

Windows and sliding glass doors should:

• be reinforced by a solid strip of wood (e.g., a broom handle) in the track
• have bars if easily accessible by the public
• have key locks

Most landlords will ask you to complete a rental application form, which is not the same as the rental agreement. The rental application is similar to an employment or credit application, and typically will ask for the following information about yourself:

• names, addresses, and telephone numbers of
• current and past employers,
• current and past landlords, and
• references
• social security and driver's license numbers
• bank-account and credit-account numbers
• information (e.g., monthly income) that may reflect ability to pay rent
• number of people who will be living in the rental unit

Although a landlord may ask about information that reflects your ability to pay the rent (e.g., your monthly income, your job, etc.), combined federal, state, and local laws prevent landlords (in most cases) from discriminating against classes of people on any arbitrary basis (e.g., race, color, religion, gender, etc.). Question or concerns about discrimination should be directed to a legal-aid society, an attorney, or a fair-housing organization.

If you agree to rent an apartment, but are not going to move in immediately, the landlord may ask you for a holding deposit. This is a cash deposit to hold the rental unit, usually for a stated amount of time, until you pay the first month's rent and any security deposits. If you change your mind about moving in, the landlord may be able to keep your deposit.

Ask the following questions before paying any deposit.

• If you decide to rent the unit, will the holding deposit be applied to the first month's rent? If so, ask the landlord for a deposit receipt that states this. Applying the deposit to the first month's rent is a common practice.
• Is any part of the holding deposit refundable if you change your mind about renting? As a general rule, if you change your mind (for whatever reason), none of the deposit is refunded. If you and the landlord agree that all or part of the deposit will be refunded, make sure that these terms are in writing.

You and your landlord typically will enter into a lease or a periodic rental agreement (month-to-month). Because an oral agreement may be legally binding, make sure that you have a written agreement before moving in.

Month-to-month agreements are by far the most common kind of written rental agreement. Unless the written agreement states otherwise, the rental period is the amount of time between rental payments. The tenancy expires at the end of each period for which rent has been paid and is renewed with the next payment of rent. The length of time between you required rent payments is important, as generally it determines the required length of notice a landlord must give you before raising the rent, changing other terms of the tenancy, lawfully ending the rental agreement (see "Ending Tenancy or Getting Evicted" in this handbook). or how much notice you must give the landlord before moving out (unless your agreement state otherwise).

A lease usually creates a longer rental term than a periodic agreement. Most residential leases are for six months to a year, or longer, even though rent usually is paid monthly. If you have a lease, your rent cannot be raised while the lease is in effect, unless the agreement provides for such an increase. The landlord cannot evict you during the period of the lease except for certain reasons, such as failing to pay rent or damaging the property. A lease may be difficult for you to break, especially if the landlord cannot find another tenant to take over the lease.

The rental agreement or lease should contain:

• the period of tenancy
• when rent is due
• the amount of any late charges
• whether or not pets are allowed
• the number of tenants allowed
• whether or not subletting is allowed
• what utilities, if any, are included in the rent
• whether or not extermination is part of regular maintenance
• whether or not a security deposit is required, and how much
• who is responsible for maintenance and repairs
• who may enter the premises for inspection or repairs

Never sign an agreement if you do not understand the terms or conditions or if you think a term or condition is unfair. You may wish to discuss the agreement with an attorney or legal-aid service prior to signing. Always ask for a copy of the completed agreement after you and the landlord have signed, and keep the copy in a safe place.

The landlord is likely to use your rental application to check your credit history and past landlord-tenant relations. Many landlords use a credit bureau or a credit-reporting service in making the decision to rent to tenants. A landlord will not usually give a reason for refusing to rent to you. If the decision, however, is based on negative reports from a credit bureau or credit reporting agency, ask the landlord to give you the name of the credit bureau or credit-reporting service so that you may check the accuracy of the report and correct any errors.

Some landlords may ask you to pay for the credit report. You should ask the following questions before offering to pay a credit-report fee.

• Will the fee be applied to your first month's rent if your credit report is positive and the landlord selects you as a tenant?
• Will the fee be returned to you if your credit report is positive but the landlord rents to somebody else?
• How long will the credit report take?
• Is you fee refundable if the credit check takes too long and you are forced to rent another place?

If you decide to pay the credit-report fee, any terms regarding a refund or credit should be in writing. This will help avoid any potential disagreement with the landlord about a refund.

A rental unit must be fit to live in, or "habitable" according to state law. The landlord, therefore, is responsible for repairing conditions that seriously affect the rental unit's habitability as well as materially affecting tenants' health and safety. As for less serious repairs, the rental agreement may state that the landlord or the tenant is responsible for maintaining a particular item. Basic requirements that the landlord normally must meet or comply with include:

• Roofs and walls must not leak.
• Doors and windows must not be broken.
• Plumbing and gas must work.
• Hot and cold water must be provided.
• Sewer or septic system must be connected and operating.
• Heater must work and be safe.
• Floors, stairways, and railings must be maintained and safe.
• Lights and wiring must work and be safe.
• There must be enough cans or bins with covers for trash.
• when you first move in, the rental unit must be clean, with no trash, rodents, or other pests.

If you believe that your rental unit needs repairs and that the repairs are the landlord's responsibility, you should notify your landlord of any defects or damages by both a telephone call and a letter. Keep a copy of the letter for your records. (A sample letter is included in the Appendix.) Your copy is proof that you notified the landlord and of what you said. In most situations, you should allow your landlord 30 days to make a repair that he or she is responsible. If the landlord does not make your requested repairs, and does not have reasonable justification for not doing so, you may have several remedies, depending on the seriousness of the repairs. You may wish to contact an attorney or legal-aid society for assistance with remedies.

Open communication must occur from the very start of a roommate relationship. The following questions are recommended to be discussed with a potential roommate:

• How much rent can each person afford to pay?
• How are move-in costs to be paid (e.g., first-month's rent, security deposit)?
• What are your attitudes toward smoking, alcohol, drugs, and even meat?
• What are your personal habits and expectations about housecleaning?
• Do you plan to share food expenses?
• What are your study habits?
• What are your attitudes about overnight guests?
• What are your sleeping habits?
• Will you have to share a bedroom or bathroom, or both?
• How much time are you likely to spend at your home and at what hours?
• Are pets allowed?

In addition to talking, putting your expectations in writing ought to be considered. Nothing that roommates agree to themselves will have any effect as far as the landlord is concerned, yet written agreements may help to refresh your memory at a later date.

Subleases are typically used when you want to (a) rent a room in your apartment to someone else (a subtenant) or (b) rent your apartment for a specific period of time (e.g., summer break). A sublease is a separate rental agreement between the original tenant and a new tenant who moves in to share the rent. With a sublease, the agreement between the original tenant and the landlord remains in force and the original tenant is still responsible for paying the rent to the landlord. Any understanding with a subtenant should be put in writing and consistent with the terms of your rental agreement.

Many rental agreements and leases contain a provision that prevents tenants from subleasing rental units. In that case, you will need your landlord's permission before you sublease or assign the rental unit. Even if your rental agreement does not contain a provision preventing you from subleasing or assigning, you would be wise to discuss your plans with your landlord in advance.

An assignment might be used if the tenant has a lease and needs to move permanently before the lease expires. Under an assignment, the new tenant often is responsible to the landlord, however, an assignment may not relieve the original tenant of his or her legal obligations to the landlord. For the original tenant to avoid this responsibility, the landlord would need to agree that the new tenant will be solely responsible to the landlord under the assignment. This agreement should be in writing.

Renter's insurance protects against property losses such as losses from theft or fire. In addition to property coverage, renter's policies typically offer protection against liability (responsibility) for claims or lawsuits filed by the landlord or other, alleging that you have negligently injured another person or damaged the rental property. Carelessly causing a fire that destroys the rental unit or another tenant's property is an example of negligence.

If you decide that renter's insurance is for you, first determine the value of your property and how much coverage you want to purchase. You will want to inventory your belongings and estimate the value for each item. Finally, obtain quotes from several insurance carriers. The price often will depend upon where you live, the size or number of units in your building, security, the amount of deductible (the amount you must pay before the insurance company reimburses you), and how much coverage you want. A typical policy will provide $15,000 to $25,000 in coverage, with a $250 deductible.

In San Francisco, where increased mobility means that people often do not know their neighbors, neighbor-to-neighbor disputes are not uncommon. The causes of these disputes are quality of life struggles, such as noise, dogs, fences, views, parking, trees, and other annoyances. The Community Board Program of San Francisco, nonprofit mediation service, offers these 10 suggestions for managing conflict with neighbors, strangers, and friends. These suggestions also can work when dealing with roommate conflict.

• Talk Directly: Direct conversation is much more effective than sending a letter, banging on the wall, throwing a rock, or complaining to everyone else.
• Choose a Good Time: Try to talk in a quiet place where you can both be comfortable and undisturbed for as long as the discussion takes. Avoid approaching the other person as he or she is leaving for work or after you have had a terrible day.
• Plan Ahead: Think about what to say in advance. State clearly what the problems is and how it affects you.
• Do Not Blame or Name-Call: Antagonizing the other person only makes it harder for him or her to hear you.
• Give Information: Do not judge or interpret the other person's behavior. Instead, give information about your own situation and feelings and how the person's behavior affects you.
• Listen: Give the other person a chance to tell his or her side of the conflict completely. Relax and try to learn how the other person feels.
• Talk it through: Get all the issues and feelings out into the open. Do not leave out the part that seems too difficult to discuss.
• Work on a Joint Solution: Two or more people cooperating are much more effective than one person telling another to change. Be specific (e.g., "I will turn off my music at midnight" is better than "I will not play loud music anymore.")
• Follow Through: Agree to check with each other at specific items to make sure that the agreement is still working.