Table of Contents
Renters' Rights-Your Legal Companion 1
1 Play the Landlord's Game: How to Score a Great Apartment 7
Legal and Illegal Reasons for Turning You Down 9
How to Check Out Potential Landlords 12
Your Credit Report Can Make or Break Your Application 13
References Are All-Important 18
Smart Moves: How to Find a Good Place 20
How to Find a Roommate 22
How to Impress Prospective Landlords 22
2 Leases and Rental Agreements 25
How Written Leases and Rental Agreements Differ 27
Who Should Sign a Lease or Rental Agreement 31
Typical Provisions in Leases and Rental Agreements 32
Negotiating With the Landlord 39
Common Negotiation Issues 44
Signing a Lease or Rental Agreement 49
Get It in Writing: A Letter of Understanding 49
Using Email for Notice or a Letter of Understanding 51
3 Rent Rules 55
Rent Gouging: Isn't There a Law Against It? 56
The Nitty-Gritty on Where and How to Pay Rent 57
Isn't There a Grace Period? 58
What to Do-and Not to Do-If You Can't Pay Rent on Time 59
Late Rent Fees 63
Tenancy Terminations for Nonpayment of Rent 65
Rent Increases 66
The Landlord's Right to Change Other Rent Terms 69
4 Security Deposits 71
Dollar Limits on Security Deposits 72
When Landlords Can Increase Deposits 74
What's the Money For? 74
Last Month's Rent 75
Nonrefundable Deposits and Fees 76
Are You Entitled to Interest on Your Deposit? 76
How Your Landlord's Bankruptcy or Property Sale Affects Your Deposit 77
5 Discrimination 79
Discrimination Prohibited by Federal Laws 80
Discrimination Prohibited by State and Local Law 87
How to Fight Back 89
6 Roommates 95
Renting a Place With Others 98
When a Roommate Walks Out 104
Adding a New Roommate 106
Taking in a Roomer 108
Tenant Rights to Use Airbnb and Similar Vacation Rental Services 109
7 Repairs and Maintenance 113
Your Right to a Livable Place 115
Environmental Hazards 117
Your Repair and Maintenance Responsibilities 124
Persuading Your Landlord to Do Major Repairs 125
Using Heavy Artillery for Major Repairs 127
Laying the Minor Repair Job on the Landlord 137
Getting the Landlord to Make Minor Repairs 140
8 Tenants' Rights to Privacy 143
Entry by the Landlord 146
Entry by Others 150
Limits on Your Guests 151
Limits on Guests in a Pandemic Era 153
How to Get Your Landlord to Back Off 154
9 How Tenancies Change and End 161
Changing Your Tenancy Without Ending It 163
How Month-to-Month Tenancies End 167
What Happens When Your Lease Runs Out 171
Breaking a Lease and Leaving Early 172
Domestic Violence Situations 176
The Landlord's Bankruptcy 178
Foreclosure 178
10 Getting Your Deposit Back 181
How Your Landlord Can Use Your Deposit 182
The Mechanics of Getting the Deposit Back 184
Avoiding Fights Over Deposits 186
Suing to Get the Deposit Back 188
11 Landlord Retaliation 189
Where Does the Law Protect You? 191
What Is Retaliation? 193
Responding to Retaliation 193
Proving That It's Retaliation 195
12 Rent Control 197
Property Subject to Rent Control 200
Limits on Rent 200
Evictions in Rent Control Areas 202
Interest Payments on Security Deposits 204
Special Notice Requirements 204
Bypassing the Rent Control Ordinance 205
13 Getting Help With Your Dispute 207
How to Negotiate a Settlement 208
Using a Mediator 210
Small Claims Court 214
When and How to Find a Lawyer 217
Appendixes
A How to Find Landlord-Tenant Laws Online 219
State Laws 220
Local Ordinances 221
Federal Statutes and Regulations 221
B State Landlord-Tenant Laws 223
State Landlord-Tenant Statutes 228
State Rent Rules 231
Notice Required to Change or Terminate a Month-to-Month Tenancy 236
State Security Deposit Rules 245
State Laws on Rent Withholding and Repair-and-Deduct Remedies 260
State Laws in Domestic Violence Situations 263
State Laws on Landlord's Access to Rental Property 275
Landlord's Duty to Rerent 285
State Laws Prohibiting Landlord Retaliation 289
Index 295
