Legal Issues to Consider when Renting a Home

Individuals who choose to rent a home have many factors to consider. By carefully considering these factors, they can protect their legal interests.

Before renting a home, a person may be required to place a significant security deposit. There are often laws related to security department that are part of tenants’ rights. Many states only allow security deposits to be equal to one or two months’ rent. This security deposit holds the unit until the rental period begins. Additionally, it provides funds to protect the landlord’s interests in case there are damages made to the unit. There are often laws that dictate when the security deposit must be returned, such as 30 from the move-out date. The landlord may be required to provide an itemized list of any damages that he or she is taking out of the security deposit amount in order to retain any portion of this deposit.

There may be an additional law regarding pet deposits. These deposits may be subject to state law, too. They may be refundable or non-refundable, depending on state law and the terms of the contract.

Condition of the Property

All except one state have an implied warranty of habitability regarding rental properties. This means in these states that the property must be kept in a habitable condition, which is defined by state law. The minimum condition requirements vary by state. In some locations, this requires the property owner to ensure that bedrooms have their own individual deadbolts when renting out shared spaces, maintaining security measures to ensure safety, making repairs and requiring additional duties of the landlord and tenant.

Repair Requirements

Residential leases should also spell out the repair requirements of the landlord and the tenant. The lease should indicate which types

Rent Amount

Another important consideration is how much rent will be charged. It is worth the time to research the surrounding area to find out about the going rate based on similar units. While rent is generally subject to the agreement between the parties, there may be rent control laws or similar laws that regulate how much rent can be charged.

Smoking Policies

Most states allow landlords to freely determine whether or not they will permit smoking on their property. If a person wishes to smoke on the property, there may be permitted outdoor areas to do this. However, he or she should be fully aware of any provisions prohibiting smoking in the property and what damages he or she may be responsible for.

Lease Term

A tenant must also consider the lease term that he or she wants. A shorter lease term allows the tenant to leave sooner if he or she is not satisfied with the home. A longer lease keeps rent steady for a longer period of time. Many states require certain contracts to be in writing, including contracts that take over a year to complete or contracts concerning a lease or interest in real property. These laws are called the statute of frauds. If the lease is not in writing, the party wishing to enforce the contract may be unable to do so.

Disabilities

A person who has disabilities may have more considerations, such as needing wheelchair access or accessible bathrooms. Prospective tenants should look for equal housing opportunity credentials and ask what reasonable accommodations can be made.

Credit Checks

Individuals who are applying for tenancy will often have their credit checked. Individuals who have concerns about this may wish to go to leasing companies or individual landlords who do not check credit or who are only looking for certain activity and not necessarily a credit score. There are laws regarding a person’s right to a credit report when a decision is made about their housing or employment options.

Written Lease

In addition to the possible statute of frauds implications, it is usually a good idea to get the lease agreement in writing. This allows a court to provide remedies based on the contract. Additionally, a written lease can spell out the basic terms of the agreement, such as the amount of rent, the payment date for rent, whether the renter is responsible for paying utilities, the landlord’s responsibilities and other agreements between the parties. Additionally, the lease may specify rules such as provisions relating to pets, noise, the use of storage areas and shared spaces and other mandates by the landlord. The lease may specify penalties for a violation of the rules as well as for breaching the lease.