Q. How do I choose a landlord?
A.
The first step is to find background information on your landlord. You
should ask your friends, neighbors of the rental unit and especially
past tenants. Ask people what they think about the landlord's
reputation for fixing things quickly without complaining or trying to
charge extra. Also ask people if the landlord goes to court a lot or
charges late fees for late rent.
Next, meet the landlord. Does
he seem overly friendly, or promise things too easily? Does he refuse
to put anything in writing? These are things to watch for. Trust your
feelings about the landlord. If you don't like him or don't trust him,
don't rent from him if possible. Remember, this is someone that you
will need to ask for repairs and may have to see often.
Q. So, I like my landlord -- what about the house?
A.
You should always check the house before you rent. The point to
checking the house is to see what's wrong with it and how much it will
really cost you to live there. Call the electric company and ask for a
billing history for the place you want. Many houses are poorly
insulated and winter months will double your cost of living there. Call
the Water Department if your landlord wants you to pay for the water
and see how much the water bill will cost you.
Next, check the house
itself: flush toilets and check for dripping faucets and leaky pipes
under the sink. Do the windows open? Do the appliances work? Ask about
mildew, smoke alarms, and snow removal.
Be cautious if the
landlord promises to fix things before you move in or that he'll get to
it sometime after you move. If your landlord makes promises about
fixing the house, make him write them down with the date the work will
be completed -- preferably before you move in.
Q. Okay so the landlord and the house check out -- what about the lease?
A.
If you don't sign a lease with the landlord, you have just agreed to
rent the house on a month to month basis. What that means is that
either you or your landlord can end your tenancy with thirty days
notice.
If you decide to sign a lease, don't sign it that day.
Think about it overnight. Do you want to stay in the apartment or house
for how long the lease is?
Look at the lease carefully. Does anything seem unreasonable or unfair in the lease? A good lease:
1. Says that the
landlord can't terminate your tenancy except for non-payment, injury to
the property or health hazard. Many leases provide for termination by
either party on 30 days written notice. You have this right under state
law anyway. So, if you definitely want to stay longer than a month, get
a lease for three months, six months, or a year.
2. Spells out all rents, utilities and charges and says when they must be paid.
3. Does not try to take away the right of a tenant to notice of eviction, security deposit or the right to good repair.
4.
Does not try to make the tenant pay all the rent for the year at once
if the tenant moves out before end of the lease or allow the landlord
to take the tenant's personal property in any way.
5. Provides
reasonable late fees. Two dollars a day, compounding of fees for being
late twice in a row, or collection charges are not reasonable.
6.
Identifies the parties and says what is part of the rental unit and
what isn't. The lease should say who is responsible for walk shoveling
or lawn mowing. (Generally, a landlord is responsible for maintaining
and repairing public and common areas, but you may want to get this in
writing.)
7. The address and phone number of the landlord and/or resident manager.
If you don't understand something in your lease, call an attorney or other qualified person and they may be able to help you.
Q. Now I've signed the lease -- what do I do?
A.
After you sign the lease, get your landlord's address if it's not on
the lease. Then go over the move in checklist. If your landlord doesn't
give you one, ask for one. If he still won't give you one, make one out
for yourself or contact an attorney. You can make an inventory
checklist by writing down all the things wrong with the apartment. Be
thorough. Are there cigarette burns on the carpet? Do the pipes drip?
Is the paint cracked or peeling? Write down every detail, it may be
important later. When you move out, you want proof of the things wrong
with the apartment when you moved in.
After you have finished
the inventory checklist, make a copy for yourself and mail the original
back to your landlord by certified mail.
Q. Is there anything else I need to know?
A.
Well, this is a very general overview designed to give you some tips to
avoid later problems. You should never hesitate to question your
landlord. If you are still unsure about something, contact a lawyer or
other qualified person. Because some landlords want to make as much
money as possible from you without maintaining the property, you must
be careful. Be a defensive renter.
Q. Defensive renter -- what's that?
A.
A defensive renter is someone that acts as though there might be
problems down the road -- and prepares for those problems. Keep records
of what happens between yourself and your landlord. Keep all letters,
your lease and rental receipts. Always pay by check or money order.
Only pay in cash if you absolutely have to. If you pay in cash, insist
on seeing the signed receipt you will be given. If the receipt doesn't
say exactly what you are paying for and how much, don't give up the
cash. Never give the landlord title to your car and never sign over any
check to a landlord -- pay him separately.
Protect yourself.
Report all problems right away to your landlord in writing. If the
problems continue and are serious, call the building inspector or
health department. If you and your landlord decide to change anything
about when you pay or how much, make sure that the agreement is in
writing.
Information, Not Legal Advice.
We are providing this information as a public service. We try to make
it accurate as of the date noted in the materials. Sometimes the laws
change. We cannot promise that this information is always up-to-date
and correct.
We do not intend this information to be
legal advice. By providing this information, we are not acting as your
lawyer. If you need legal advice, you should contact a lawyer through
your local legal aid organization. Always talk to a competent lawyer,
if you can, before taking legal action.
E-mail. Viewing
this web site, or sending an e-mail message to Legal Services of South
Central Michigan or other legal organization through this web site,
does not create an attorney-client relationship between Legal Services
of South Central Michigan or other organization and you. Sending
e-mail to an attorney mentioned in this site does NOT create an
attorney-client relationship between you and the attorney. Unless you
are already a client, your e-mail may NOT be protected by the
attorney-client privilege. Also, unless it is encrypted, e-mail can be
intercepted by other people.
Deadlines are extremely important in
most legal matters. You may lose important legal rights if you do not
obtain an attorney immediately to advise you. Many people do not check
their e-mail daily, and some attorneys do not respond to unsolicited
e-mail.
Lawyer Advertising.
This web site is not intended to be advertising or solicitation.
Hiring a lawyer is an important decision that should not be based on
advertisements. Before hiring an attorney, you should investigate his
or her reputation and qualifications.
Links. Some of
the items listed here have not been prepared by us, but are instead
"links" to information prepared and posted by others. We cannot
guarantee the accuracy of information posted on other sites. The links
are not intended to imply that we sponsor or are affiliated or
associated with the people who created those sites, nor are the links
intended to imply that we are legally authorized to use any trade name,
registered trademark, logo, legal or official seal, or copyrighted
symbol that may be reflected in the links.
