Tenant's
Responsibilities Pay rent and utilities according to rental agreement.
Maintain the premises in sanitary condition. Dispose of
garbage properly. Pay for fumigation of infestations caused by the
tenant (e.g. fleas from a cat). Properly use and maintain all electrical,
gas, heating, plumbing, and other appliances provided by the landlord.
Do not cause intentional or careless damage to the dwelling. Do not
permit "waste" (substantial damage to the property) or "nuisance"
(substantial interference like a dog barking all night) to persist.
Upon moving out, restore the premises to the same condition as when the tenant
moved in, aside from normal wear and tear. Follow all written agreements
in the lease or any other signed documents. Landlord's
Responsibilities Maintain and repair the premises to comply with
housing codes and regulations. Maintain structural components of the
dwelling (roofs, floors, walls, fireplaces). Provide adequate locks
and keys. Maintain electrical, plumbing, heating, and other appliances
in good working order. Keep the premises in reasonably weather-tight
condition. Control infestations by insects, rodents, and other pests
before the tenant moves in. The landlord must continue to control infestations
except in a house (e.g., single family dwellings) or when the problem was caused
by the tenant. In apartments, studios, or any dwellings excluding houses,
the landlord must provide garbage cans and arrange for garbage removal.
Keep common areas such as lobbies, stairways and halls reasonably clean and free
from hazards. Make repairs to keep the unit in the same condition as
when the tenant moved in, except for normal wear and tear. Provide
smoke detectors, and ensure they work properly when a new tenant moves in. (Tenants
are responsible for maintaining detectors.) A landlord is not responsible
for the cost of correcting problems which are caused by the tenant. Landlord's
Access to the Rental Property
The landlord must give
the tenant at least a two-day notice of intent to enter the
property at reasonable times. The law states, however, that
tenants must not unreasonably refuse to allow the landlord to
enter the rental when the landlord has given at least one day's
notice of intent to enter at a specified time to show the dwelling
to prospective or actual buyers or tenants. Tenants also must
not unreasonably refuse the landlord access to repair, improve,
or service the dwelling. In case of emergency, the landlord
can enter without notice.
Repairs When
something in the property needs to be repaired, the tenant's first step is to
provide written (or otherwise agreed upon form of) notice of the problem to the
landlord or person who collects the rent. The notice must include the address
and apartment number of the rental and a description of the problem. If possible,
it's a good idea to deliver the notice personally. After giving notice, the tenant
must wait the required time for the landlord to begin making repairs. Those allowable
waiting times are: 24 hours for no hot or cold water, heat, or electricity,
or for a condition that is imminently hazardous to life 72 hours for
repair of refrigerator, range, and oven, or a major plumbing fixture supplied
by the landlord 10 days for all other repairs If repairs are not
started within the allowable time, and you are paid up in rent and utilities,
you may exercise the following options: Move out. After waiting the
required time, the law allows tenants to give written notice to the landlord and
move out immediately. Tenants are entitled to a prorated refund of their rent,
as well as the deposits they would normally receive. Litigation or
arbitration. A tenant can hire an attorney and go to court to force the landlord
to make repairs, or, if the landlord agrees, the dispute can be decided by an
arbitration service. Arbitration is usually less costly and quicker than going
to court. Hire someone to make the repairs. In many cases, the tenant
can have the work done and then deduct the cost from the rent. Before the work
is done, the tenant must submit an estimate to the landlord. To speed up the repair
process, the estimate can be given to the landlord along with the original notice
of the problem. The total cost of the repairs that may be deducted from the rent
cannot exceed the amount of one month's rent. Despite what you may hear from
trusted and well-meaning advisers, you may not withhold your rent payments until
the landlord makes repairs. You can be evicted for doing this. If you are having
problems, contact our office. Moving
Out When you want to move out of a rental unit, it is important to give
appropriate notice to your landlord. In most cases it is not necessary to provide
written notice if you are moving out at the expiration of a lease, though you
should check your rental agreement to determine what, if any, kind of formal notice
must be given. If
you leave before a lease expires, you are responsible for paying the rent for
the remainder of the lease. However, the landlord must make an effort to re-rent
the unit at a reasonable price. If this is not done, the tenant may not be liable
for rent beyond a reasonable period of time. If you stay beyond the expiration
of the lease, and the landlord accepts the next month's rent, then you are assumed
to be renting under a month-to-month agreement. Written notice at least 20 days
before the end of the rental agreement is required to move out.
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