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Accidental Damages To Your Rental Unit
Sometimes the most careful and responsible renter may accidentally cause damage to the rental property. When that happens, don’t make a bad situation worse by trying to cover it up or fix it yourself. Notify the owner or manager immediately and discuss what needs to be done. Your assistance may be welcomed, or the manager may prefer to have a professional do the repair.
Problems that start out small can get out of control quickly when you try to do repairs on your own, especially when you lack the necessary expertise or tools. Your repair may actually end up causing more damage than the original problem. A repair job that you think is perfect may have to be redone, and the cost may be more than it would have been if you had let someone else repair it in the first place.
So, if your bathtub overflows and water soaks the hallway carpet, let the manager know. If you store too many boxes on the closet shelf and it falls down, don’t try to fix it yourself. When you make a major spill on your carpet, call for help. Renters are responsible for any damage they cause, but notifying the property manager immediately may save you money in the long run.
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Alterations To Your Rental Unit
Before installing that bookshelf or closet system, check your rental agreement. Most include a clause prohibiting alterations or improvements of the unit unless the owner or manager first provides their written consent. Without this permission and depending on the modification, it could result in a reduction from the security deposit after move-out.
Your modification request might be denied. Then again it might not. If it could be done easily and could enhance the unit, the owner or manger might accept.
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Breaking Your Lease
The typical rental arrangement is a month-to-month agreement. However, some renters and rental owners prefer a lease for a fixed length of time, such as six months or one year.
Leases offer several advantages for renters. Your rent cannot be raised during the term of the lease. You cannot be asked to move out unless you fail to pay the rent or violate another provision of the lease. When a manager has trouble finding or keeping renters, you may receive a free month of rent for signing a lease.
Despite the positives, you need to weigh one significant negative – you are liable for the rent until the end of the lease, even if you don’t live there anymore. This obligation can pose a problem if something changes in your life.
What happens when your company transfers your job to another city? What if you and your roommate end your relationship? Or one of your parents becomes ill and you need to move closer to their home?
If you must "break" or end the lease early, notify your rental manager immediately and in writing. Once notified, the manager is obligated to minimize your potential financial loss by finding a new renter as soon as possible. Your liability is limited paying the rent until a new renter moves in as well as any reasonable advertising costs.
Taking the potential cost of this liability into consideration, you may be able to negotiate a reasonable "early termination payment" that ends your liability regardless of when a new renter moves in. The typical termination payment is an amount equal to two months rent, which covers the usual cost of advertising the vacant rental, finding another qualified renter, and allowing for two to four weeks before the new renter moves in. Be sure to that any agreement is put in writing and signed by you and the manager.
Fulfilling your lease obligations will prevent financial damage to the rental owner, ensure a good rental reference for yourself, and protect your credit rating.
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Change of Address
When you move out of a rental home, you want to receive a refund of your security deposit as soon as possible. Within 21 calendar days of when you move out, the property manager or owner must send you a written statement explaining each specific item deducted from your security deposit and a check for any remaining balance. Be sure to provide the manager or owner with an address to mail your security deposit so this important piece of mail does not get delayed or go astray.
If you are moving into temporary housing, such as staying with a friend or relative, you may not know your new permanent address. Go ahead and provide the address of a local friend or relative who agrees to collect your mail in the meanwhile.
Notify the postal service of your forwarding address as well. In addition to your security deposit statement, you probably have other important pieces of mail coming as a result of your move, such as closing bills from the utility company.
You can pick up a change of address form at your local post office. For faster and easier service, you can change your address using the United States Postal Service web site on the Internet. Simply go online at www.usps.com and click on "Change Address" to access this service.
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Changing Door Locks & Keys
Before you accept the keys to your new rental home, ask the property manager or rental owner whether the door locks have been changed. They should be concerned about your safety and have taken the precaution of changing the locks on all doors that provide access to the rental unit.
If former residents or their guests have a key, they could use it to enter your unit. The potential liability to the property owner or manager if that happens should be enough incentive for them to change the locks.
Changing doors locks is not difficult or too expensive. Some owners and managers purchase extra sets of door locks and change the locks themselves. Others use a locksmith to re-key all the locks. Re-keying involves changing only the key mechanism instead of replacing the entire lock, so that a different key is needed to open the door. Locksmiths typically charge less than $100 to perform this service.
Renters may change or re-key the door locks, but you should contact the owner or manager in advance. Some rental agreements prohibit renters from changing locks without prior approval, but property owners and managers should think twice before denying such a request. If you change the locks, give a new key to your property manager or owner to allow them access to the unit in case of an emergency.
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Cleaning Checklist
When you move into a rental home, pay attention to its level of cleanliness. You will be expected to leave the premises in the same condition when you eventually move out,
According to state law, the property manager or rental owner may deduct from your security deposit the cost of cleaning necessary to return the unit to the same level of cleanliness it was when you moved in.
Renters usually clean obvious items, such as the countertops, oven, walls, floors and carpets. However, they forget many others that must be cleaned before the next renter moves in.
Here is a list of the most often overlooked items that should be cleaned when you move out:
- Wipe any dust and dirt from inside all cabinets and cupboards.
- Clean inside and around the refrigerator.
- Clean the grease and dust from the hood above the stove or range.
- Wipe the shelves and vacuum the floors inside all closets.
- Wash all windows and windowsills.
- Dust all mini-blinds.
- Empty the dishwasher of any items and run it through a complete cycle.
- Replace any burnt-out light bulbs.
- Clean all mirrors and wipe them dry to avoid water spotting.
- Wipe off dirt on and around all doorknobs.
- Clean on and around all light switches.
When you leave a rental home in this condition, the owner or manager probably does not have to hire anyone to do additional cleaning. Your efforts will minimize or completely eliminate any deductions from your security deposit.
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Copy of Credit Report
Rental owners and managers who do a thorough job of screening prospective renters always require one or more credit reports. When you sign the typical rental application, you give them permission to obtain such reports.
There are three major credit reporting companies: Experian, Equifax and TransUnion. Sometimes reports from all three are used to evaluate your application.
If your rental application is denied due to insufficient or poor credit, you have the right to request a copy of the report from the credit reporting company. The rental owner or manager is required to provide you with the name, address and phone number of every company that issued a report. Usually this information is listed on the form you may receive when your rental application is denied.
There is no charge for obtaining the report if your request is received by phone or mail within 60 days of the denial. If you think your denial was based on inaccurate or incomplete information or you have never seen your own credit report, then it is good idea to obtain your own.
Almost everyone has one or two blemishes on their credit report, and you don’t need perfect credit to rent at most places. However, if you have serious credit problems, discuss the criteria used by the rental owner or manager to evaluate applicants before you pay the application fee. You may be wasting your money if you don’t meet their minimum standards.
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Cost of Utilities
If you are a first-time renter, don’t forget to include the cost of utilities when planning your rent budget. Most apartments do not charge for water, sewer and trash pickup, while renters pay the cost of gas and electricity. If you rent a house or duplex, you should expect to pay for all utilities.
When choosing a place to live, ask your property manager for an estimate of the monthly cost of utilities. Check to see if the rental unit has dual-pane windows and energy-efficient appliances, including refrigerators, washers and dryers, and the heating and air conditioning units.
In particular, the cost of central heating and air conditioning can add up. Your monthly bill will depend upon the size of your rental unit, the energy efficiency of the heating and air conditioning equipment, the insulation of walls and windows, and, of course, how much you use these systems.
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Credit Checking
Don’t waste money applying for a rental if you do not meet the minimum application requirements. The typical application screening fee is $30 per adult. Before paying this fee, request the screening criteria from the rental owner or manager. Although not required by law, owners should put the screening criteria in writing to avoid confusion.
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Credit History
With little or less than perfect credit history, you may not qualify for the rental of your choice. Here are two ways to convince a rental owner or manager to rent to you. Offer to pay a higher security deposit or find someone with good credit to serve as a co-signer on the rental agreement. Not every owner or manager will say yes, but some will.
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Credit Reports
Credit reports are used by rental owners and property managers to evaluate prospective renters. Unfortunately, credit reports may contain errors. According to a national consumer organization, one in four credit reports contain errors serious enough to cause someone to be denied approval for a loan or possibly the opportunity to rent an apartment.
In response to consumer complaints about credit reporting errors, a new federal law called the Fair and Accurate Credit Transactions Act of 2003 (FACTA) was enacted.
Beginning December 1, this new law requires that the three nationwide credit reporting agencies establish a centralized source that will enable a free annual consumer credit file disclosure to consumers upon their request.
To obtain your free report, contact any of these credit reporting agencies: Equifax, Experian or TransUnion. Requests may be made by phone, mail or the Internet.
You need to understand that your credit history is not the only factor considered during the rental application process. Your income and references from your previous rental owner or manager are important, too. However, you should review your credit reports periodically to ensure they are accurate.
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Dealing With Bad Credit
With little or less than perfect credit history, you may not qualify for the rental of your choice. Here are two ways to convince a rental owner or manager to rent to you.
Offer to pay a higher security deposit or find someone with good credit to serve as a co-signer on the rental agreement. Not every owner or manager will say yes, but some will.
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Emergency Contact Information
In case of emergency, you may need to contact the manager or owner of your rental home immediately. Keep the name and phone number of this person in a convenient location, such as your address book or next to your phone.
California law requires that the name and phone number of the rental owner or property manager be included in the rental agreement or lease. You should have received a copy of this document when you signed it or within 15 days of doing so. If not, you have a legal right to request a copy.
Sometimes the person you should call regarding an emergency is not the same person listed in the rental document. Many property management companies will provide you with an after-hours emergency phone number. If you are uncertain who to call, especially in the middle of the night, ask your property owner or manager.
If you live in an apartment community with 16 or more units, a person who is responsible for the property must reside at the community. Usually this person is the apartment manager, but a maintenance employee or another person may also perform this duty. If this person is not the same person on the rental document you signed, ask how to reach him or her in case of an emergency.
Quick action during an emergency can save lives and property, and both you and your rental manager or owner should be prepared to respond.
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Entering the Rental Unit
Once you and the owner or manager have entered into a rental agreement and the keys have been delivered, the law places limitations on the owner’s or manager’s right to enter the home. Current law allows entry under the following circumstances:
- In case of an emergency.
- To make necessary or agreed services, repairs, decorations, alterations, or improvements.
- To show the unit to prospective or actual purchasers, mortgagees, residents, workers or contractors.
- To repair, test, and/or maintain smoke detectors.
- To inspect a waterbed for installation compliance.
- When the resident has abandoned or surrendered the unit.
- Pursuant to a court order.
Prior to entering the home, an owner or manager must provide a written notice at least 24-hours in advance. A written notice is not required under three conditions: 1) the entry is to respond to an emergency; 2) you are present and consent at the time of entry; or 3) you have abandoned or given up possession of your rental home.
State law provides that a written notice is not required if you make a verbal agreement allowing the owner or manager to enter for purposes of making repairs or to supply services. However, such an agreement must include the date and approximate time of entry. Also, entry into your rental home must occur within one week of the verbal agreement. While it is not required under these circumstances, we recommend that the rental owner or manager put any verbal maintenance request in writing and leave a copy inside your home once the repair or service has been completed.
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Evaluating the Rental Unit
While looking for a new place to rent, you want to make a good first impression whenever you meet the property owner or manager. Likewise, the rental owner or manager should desire to make the best possible first impression on you. Here are some questions to consider when formulating your opinion.
How does the rental property look? Is the exterior of the rental unit attractive and properly maintained or messy and in need of repairs? Is the interior clean or dirty? Is everything in good condition or does anything need to be repaired?
What is your impression of the rental owner or manager? Does he or she act in a friendly, professional manner or seem rude and disorganized? Are all of your questions answered to your satisfaction or do you get vague or incomplete information?
Your first impressions usually are very accurate. If your first impression isn’t very good, that’s not a good sign. Things probably are not going to get much better while you are renting. Trust your instincts and keep looking until you are impressed with what you see and hear.
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Exterior Liabilities
Check with your apartment manager before placing or hanging anything on the balcony, ledge or window of your unit. Most apartment communities have restrictions to ensure the safety, maintenance and overall appearance of the property.
For instance, you should not place potted plants on your balcony railing. Most railings are only a few inches wide and cannot support heavy objects. A strong breeze or an unintentional bump may cause the pot to fall and cause injury or damage to someone or something below.
Installing sunshades, wind chimes or satellite TV dishes may affect the exterior of the building. If you screw or nail something to the exterior of your unit, the hole you create may allow water to leak into the walls of the building, especially during the rainy season. You may be held liable for any damage, which could be thousands of dollars.
Do not hang clothes to dry on your balcony, and keep other unsightly items out of view. Your property manager and fellow residents will appreciate your consideration.
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Fire Safety
Unfortunately, fires in apartments and other rentals are a serious problem. As a renter, here are some tips that will ensure the safety of you and your loved ones.
- Make sure all smoke detectors are working. Check if the light is on or push the test button. If the dead battery warning indicator beeps, do not disconnect the smoke detector. Replace the dead battery immediately or call your property manager.
- Purchase a fire extinguisher. Extinguishers that cost less than $20 may prevent small fires from spreading and destroying all of your possessions.
- Be careful. Common causes of fires in rental properties are candles left unattended, falling asleep while smoking, and leaving a stovetop burner on.
Following these tips could save someone’s life.
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Get Agreements In Writing
Any agreement between a renter and a property manager should be put in writing. The standard rental agreement form may not include everything agreed upon by both parties. In such cases, do not rely upon a verbal agreement.
Suppose a renter gets a new job with paydays on the 10th and 25th of the month. The renter contacts the property manager, who agrees to change the rent due date from the 1st to the 10th of each month, but never puts this verbal agreement in writing. What happens one year later when the property manager changes and the new manager demands rent on the first of each month as stated in the rental agreement? Now you have a problem.
If you and your property manager reach an agreement on something that is not included in your rental agreement, ask that it be put in writing. Once this is done, it becomes an addendum to the rental agreement. Carefully read whatever is put in writing. Make sure both of you sign, date and receive your own copy of the document. This will reduce the possibility of future misunderstandings, while building a good relationship between you and your property manager.
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Holiday Safety Tips
If you are decorating for the holidays, here are some safety tips to prevent a fire in your rental home:
- When decorating a tree with lights, be aware that light bulbs get can get very hot. Keep the bulbs away from wrapped packages and out of reach of small children.
- Be sure your lights are in good condition without any cuts in the wiring that might spark a fire. Keep light cords and extension cords out of the way of pets that might chew on them.
- Avoid plugging too many lights and other appliances into your extension cords or wall sockets. Otherwise, you may blow a fuse or, even worse, cause a fire.
- Remember to keep water in the tree stand to avoid drying out your tree.
- Always turn off the tree lights before going to bed.
- Once the holiday season is over, do not dispose of your tree by burning it in your fireplace. The tree will burn so fast that your fireplace cannot contain the fire, which may spread into your home or onto your roof.
- Apartment communities may provide a bin for disposing of your tree.
- For renters of single-family homes, call your local trash collection service. Some communities or non-profit groups pick up trees on a specific day or provide a place you can bring your tree for recycling.
Follow these tips and your holidays will be safe.
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Important Questions
Finding a new place to live usually takes a lot of time and effort. Streamline the process by making a list of questions to ask the manager before you visit their property. Asking the right questions could save you time because you might change your mind after hearing the answers.
Here are some typical questions to ask. When will you have a vacancy? How much is the monthly rent? How much is the security deposit? Do you offer any move-in specials? What other charges, such as utilities, are tenants responsible for? Can I rent month-to-month, or do you require a lease for a longer term? What is the size (in square feet) of the rental unit? What amenities, such as a laundry room or swimming pool, does the property offer? Is there assigned parking, and are the spaces enclosed or covered? Do you accept pets, and what is the deposit? Think of other questions that are important to you.
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Keeping Rental Documents Close By
Professional property managers always put the terms of rental agreements or leases in writing. While oral rental agreements may be legal, renters should avoid them. When rental agreements aren't put in writing, the chance of misunderstanding or abuse rises.
Even if the rental agreement is not in writing, renters must be provided certain information. For example, renters must receive the names, phone numbers and addresses of the property manager, the owner or another person authorized to accept legal documents on the owner's behalf, and the person authorized to receive payment of rent.
Keep this information in a location where you can find it quickly.
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Lead-based Paint
When renting a home or apartment, you may be given a brochure regarding lead-based paint. Rental owners and property managers who provide you with such information are complying with a federal law to protect you from harmful exposure to lead, which may be present in the paint of homes or apartments built before 1978.
Fortunately, paint containing lead has been banned for nearly 30 years, so many properties do not pose this health risk. In addition, lead usually is not a hazard as long as the paint remains in good condition.
It is when painted surfaces are scraped or sanded during any repainting or remodeling that potentially harmful dust may become airborne and eventually find its way into the human body. In addition, small children may chip or chew on painted surfaces containing lead and accidentally swallow some lead-based paint.
Simple precautions taken by you and your rental owner or manager should nearly eliminate the possibility of such exposure. Before you rent, you should ask about the age of the building and whether it contains any lead-based paint.
If the building was built before 1978, rental owners and property managers are required by federal law to inform you of any known information regarding lead-based paint at the property as well as provide you with an informational pamphlet.
Federal law also requires that you receive notification before certain types of renovation occurs at the property that disturbs any lead-based paint that is present. Contractors and employees used to perform such renovations must be properly certified to perform such work and follow the federal regulations.
Many rental owners have their properties inspected by a trained professional to determine whether lead-based paint is present and how to minimize any risk of exposure to their renters. Once a property has been certified as lead-free, it greatly reduces the paperwork and uncertainty associated with the lead hazard.
For more information about lead, call the National Lead Information Center at 1-800-424-5323. Information also is available on the Internet from the U.S Environmental Protection Agency web site at www.epa.gov/lead and the California Department of Health Services web site at www.dhs.ca.gov/childlead/. Lead disclosure forms, informational pamphlets and certification courses are available through the Rental Housing Association.
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Leftover Belongings
When moving out of your current rental, don’t leave behind any personal belongings. If you do, contact your former rental manager immediately and arrange to pick them up.
If you left something of value, your former manager is obligated by state law to attempt to contact you. That’s one reason why you should provide a forwarding address and phone number to your former manager. If the manager cannot reach you by phone, the law requires a written notice be sent, and you then have 18 days to claim your property.
When your personal belongings have a value of less than $300, the manager may keep or sell them, but only after following specific legal requirements in an attempt to contact you. However, if your belongings are worth more than $300, the manager must sell them at a public auction. Again, there are specific steps that must be followed. In either case, you may be charged for the cost to store or remove your belongings.
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Limits on the Number of Residents
When hunting for your next rental home, make sure it has enough bedrooms to accommodate the number of people who will live there. Almost every rental owner and manager limits the number of residents who may live in a home or apartment. There are several good reasons, including ones that affect renters living next door.
Too many residents may cause excessive wear and tear on the property, which increases maintenance costs leading to rent increases for everyone. Each additional renter may require a parking space, which affects the availability of parking for other residents and their guests. More renters usually cause the noise level to increase, disturbing the peace and quiet enjoyed by others.
California does not have a law regulating the number of people who may occupy a rental unit. However, housing discrimination agencies, such as the California Department of Fair Employment and Housing, use the "two-plus-one" rule as a guideline. The "two-plus-one" rule limits the number of residents to two people per bedroom plus one more occupant. In other words, this rule limits the number of occupants to three people for a 1-bedroom rental, five people for a 2-bedroom, and seven people for a 3-bedroom.
When counting heads, age should not be a factor. As long as one resident is an adult, it does not matter whether the others are adults or children.
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Maintenance Problems
Renters usually are the first to know when something needs to be fixed in their rental unit. However, renters may hesitate to report maintenance problems. Some don't want to bother the property manager with things that seem small or unimportant. Others may be afraid their rent might be raised if they submit a maintenance request.
Responsible rental owners and managers don't consider it a bother when their renters notify them of something that needs to be checked or repaired. They should want to ensure their renters remain satisfied customers, who won’t move out because of poor maintenance service. They also want to protect the value of their properties by dealing with a minor maintenance task before it becomes a major and more expensive problem to fix.
Urgent problems that might result in property damage or injury to someone, such as water leaks or loose railings on a staircase, should be reported immediately and repaired just as fast. Less urgent problems, such as a sink that drains slowly, can be reported at your convenience. Just include a note when you pay your rent. Your property manager should keep track of these smaller maintenance problems and schedule repairs within a reasonable period of time, usually during their next routine visit to the property.
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Maintenance Requests
It is a good idea for renters to submit all requests for repairs in writing to their property manager. Although verbal requests are acceptable, putting them in writing will minimize misunderstandings that cause delays to the repairs. Keep a copy of your written request in case a dispute arises.
Once notified of the request for repairs, the property manager should promptly inform the renter of the date and time the repairs will be made and provide the name of the person or company that will do the work. Unless it is an emergency, the property manager should provide a written notice to enter the residence at least 24 hours in advance and perform the work during regular business hours.
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Move-In Inspection
Most rental owners and property managers will conduct an inspection of your rental unit before allowing you to move in. This "move-in inspection" determines the condition of the rental property at beginning of your tenancy. Avoid disputes regarding deductions from your security deposit when you eventually move out by following these tips:
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The move-in inspection should be performed before you move in. If the inspection is conducted
afterwards, you may be held responsible for damage caused by the previous renter.
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You and the property manager should examine the rental unit together. This enables both parties to reach an agreement regarding the condition of the property and its contents.
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The agreed upon condition of the property should be documented on a move-in inspection form. Property managers may create their own inspection form or obtain one from the local rental housing association.
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The form should enable you and the manager to document the condition of each room, including specific items such as carpets, walls, window coverings and appliances. Terms such as new, clean, scratched or needs repair are commonly used to indicate the current condition.
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Anything that needs to be cleaned or repaired should be carefully noted, including an estimated deadline for completing the necessary maintenance.
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Once agreement is reached on the condition of the property, you and the property manager should sign the inspection form, and you should receive a copy.
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Store your copy in a safe place. When you move out, this same form should be used as a reference or as the actual move-out inspection form to evaluate the condition of the property at the end of your rental period.
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Move-In Inspection Form
Before moving in, you and the property manager should inspect your new residence and document its condition on a move-in inspection form. If repairs are needed, the manager should write an estimated date for completing the repairs on the form. Both of you should sign the form, and you should receive a copy before you move in.
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No Pets Policy
If you are looking for a place to rent and have a pet, you may encounter apartment managers and rental owners who have a "no pets" policy. Persuading the property management company for an apartment community to change its rules is difficult. You may have better luck with an owner of a rental home, duplex or similar property.
Many rental owners establish a no pets policy because they either had a bad experience with pets or know of others who did. Unless you require a service or companion animal, such as a guide dog for the blind, a no pet policy is legal. However, there are ways to persuade an owner to allow your pet.
First, if you rented in the past with your pet without any problems, ask your former rental manager or owner to provide a reference. Request a letter that explains that you were a responsible pet owner who did not allow your pet to destroy the carpet or bark in the middle of the night. In addition, provide a phone number so your new rental owner can contact your reference directly.
Second, offer to sign an agreement that will hold you responsible and financially liable for the actions of your pet. Owners who don’t allow pets probably won’t have such a document, but a pet agreement form is available from your local rental housing association. This agreement describes your responsibilities as a pet owner and clearly states that violations of the agreement could result in termination of your tenancy. If you offer this contract to the rental owner and agree to comply with its terms, you may overcome any objections.
Third, offer to provide a higher security deposit. Knowing that any potential damage is already covered by a substantial deposit can be an effective argument.
Finally, let your owner see your pet. Arrange to bring your pet or take its photo to show to the owner. Unless your animal is a vicious, 200-pound monster, it never hurts to enable the rental owner to see the size and personality of your pet.
Once you have persuaded the rental owner to accept your pet, be sure to live up to your commitment. You will do yourself and other pet lovers a favor.
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Packing Tips for Moving Out
Don’t wait until the last day of your rental lease to start packing. Moving is a big project, so break it up into small tasks. Three weeks before moving day, get a supply of boxes, rolls of box tape and a big marking pen. Choose a wall in one of your rooms and clear everything away from it. This is where you will stack your packed boxes.
Begin by packing things you won't need during the next three weeks. If it's summer, pack your winter clothes. Pack books and magazines, most of the dishes and silverware and kitchen utensils, most of the towels and sheets, and everything that is hanging on your walls. Do a little packing each night.
Mark each packed box with the name of its contents and location at your new residence, such as Books-Living Room or Dishes-Kitchen. When you unload, you'll be able to put each box in the right place before unpacking it.
In the last two or three days before move-out, pack things you can live without until after you relocate. Carefully identify these boxes as you probably will need to open them first at your new place. Leave out some silverware, pans and dishes, and pack everything else in the kitchen. Hold back two bath towels and some basic toiletries. Also, keep any cleaning supplies handy that you will need to clean your unit at the very end.
If you follow these tips, your packing will be done several days early, and you can rest before moving day. On the last morning, gather up what's left, pack it into a couple of boxes, and you're ready to go!
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Paying Rent with Roommates
When sharing a rental with one or more roommates, make certain that everyone understands how to handle the payment of rent. Trouble begins when one roommate cannot pay his or her portion.
You and your roommates must understand that everyone included in the rental agreement or lease is equally liable for payment of the entire rent, not just their own share. If any portion of the rent is late, everyone is subject to any late fee. If the rent remains unpaid, everyone may be evicted.
That is the case even if you are willing to pay your share of the rent. Since property managers are not required to accept partial payments of the rent, most do not. Doing so would create confusion since a property manager cannot evict just one of the tenants for non-payment of rent. Therefore, if you try to pay your share of the rent, it probably will be rejected.
Property managers should carefully evaluate prospective renters’ ability to pay the rent before renting to them. Likewise, you should carefully consider your roommates ability to pay before deciding to share a rental. Your best friend will not make your best roommate if he or she has trouble paying the rent. Unfortunately, many good relationships end when money gets tight.
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Pet Agreements
If you have any type of pet, be sure to ask your rental manager about the pet policy for the property. Concealing that you have a pet or obtaining a pet at a later date without permission is a bad idea. It may result in your eviction for breaking the terms of the rental contract. In addition, even if you find another home for the pet to avoid an eviction, you likely will be liable for the costs to clean and treat the carpet and repair any other damage.
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Preventing Ants, Roaches and Other Pests
Keeping pests, such as ants and roaches, out of your rental unit requires teamwork between you and your property manager. Many property managers contract with a professional pest control service to apply pesticides to the exterior of your rental unit.
However, when you discover these pests inside your unit, try to determine the cause of the problem before contacting your property manager. You unwittingly may be offering a banquet to hundreds of little free-loaders. If you caused the problem, you may be charged for any additional costs of pest control.
The most common cause of a pest infestation is food left out on counters, improperly stored in cupboards, or placed in open trash cans for too long. Fortunately, the solutions are simple. Store leftovers promptly. Food placed in cupboards, especially sugar and other sweets, should be in airtight containers. Throw out trash daily, preferably at the end of the day. Use a trash container with a lid, but avoid putting it inside a dark cabinet, such as under the sink.
In addition, avoid leaving wet or dry pet food dishes on the floor all day and night because they attract ants. To discourage cockroaches, put wet garbage down the garbage disposal rather than in an open trash container. Refrain from storing stacks of grocery bags or newspapers that attract silverfish.
Once inside, pests migrate quickly. In apartment communities, they spread from one unit to another. By keeping your apartment free of pests, you are doing your neighbor a favor, too.
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Preventing Maintenance Problems with Appliances
Nowadays, apartments and rental homes include many major appliances for the convenience of renters. Common appliances found in a typical rental include a range, oven, microwave, refrigerator, dishwasher and perhaps a washer and dryer. When any one of these appliances stops working, it can cause an inconvenience.
Keeping these appliances in working condition is the responsibility of your property manager. However, you could be held liable for the cost of any repair or replacement if the problem was caused by your misuse or negligence.
Here are some tips to avoid the most common problems with appliances. Clean them regularly. For instance, many range tops can be lifted up so you can clean the grease and food particles under the burners.
Use appliances only as intended. Do not use dye in the washing machine because it will bleed onto future loads of clothing. Remove the lint from the lint trap in your dryer after every load. This will dry your clothes faster and prolong the life of the appliance. Do not put metal objects in a microwave because they will cause electrical arcs and damage the unit.
If you have any questions regarding the use or problems with any appliance, contact your property manager. Your property manager would be wise to provide simple written instructions on how to use your appliances and respond to any maintenance concerns promptly.
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Protect Your Presents During the Holidays
‘Tis the season for receiving holiday gifts and greeting cards. Renters should take precautions to ensure that your presents do not disappear.
The US Postal Service does not leave packages when you are not home. However, shipping companies, such as UPS or FedEx, may leave a box at your door. Apartment dwellers are fortunate because their on-site manager usually accepts mail and packages for them. Check to see if this is the case at your apartment community.
Renters living in single family homes, duplexes or small apartment buildings won’t have a manager to provide such a service. One option is to post a note by your doorbell that states "Do not leave packages without a signature." Another option is to arrange for a nearby neighbor to accept deliveries, and then post a note that directs the delivery person to your neighbor.
Such actions will protect packages delivered to your home, but you should take precautions to ensure they are not stolen once inside your home. Burglaries typically occur when criminals know you are away. Leave lights and music on inside your home when you are not home, especially during the evening.
If you go out of town for the holidays, arrange for a neighbor to pick up your mail and newspapers. Otherwise, notify the post office and newspaper carrier that you want delivery stopped. During this season, overflowing mailboxes and newspaper piles attract criminals that are naughty, not nice.
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References
When rental owners are considering your application, they place a lot of importance on references from the owner or manager of your previous rental. Therefore, your rental history is as important as your credit history.
To see if you have a good rental history, ask yourself the same questions that most rental owners ask during the reference process. Although there isn’t a standard set of questions that one rental owner asks another, here are the most common ones:
- Was the rent paid on time? If not, how often was the rent late?
- Why did the renter move out? Was the renter evicted? If so, why?
- Was any damage done to the unit?
- Are there any unpaid bills, such as overdue rent or charges for repair any damage?
- Did you receive any complaints, such as loud noise, from neighbors during the tenancy?
- Did the renter follow the terms of the rental agreement and any other rules?
- Would you rent your property to the renter again?
If the answers to these questions are not favorable, your application to rent may be denied.
Even if you don’t plan to move now, your plans may change in the future. So, here ’s how you can start building a good rental history:
- Send the rent in time to reach your rental owner or manager by the due date.
- Give your neighbors the same consideration you expect them to give you.
- Treat the property as if it were your own.
- Follow the rules. If no pets are allowed, don’t give in to an impulse to pick up a stray cat, hoping the owner won’t notice. Don’t move other people into your unit without the owner’s knowledge.
- Keep your rental clean and undamaged.
Following these suggestions should result in a good reference when you apply for your next place to live.
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Rental Application Fees
When you apply to rent a place to live, you probably will be asked to pay an application fee. By law, the maximum fee that can be charged is about $34 per adult over the age of 18. This amount is based upon a state law that limits the fee to $30 plus annual adjustments of the Consumer Price Index (CPI) since 1998.
The amount of the application fee charged by rental owners and property management companies varies. The typical fee is $30, but many owners and managers charge less or nothing at all.
The purpose of the fee is to cover the cost of obtaining and reviewing information regarding your credit history, employment, previous rental experience and other data relevant to assessing your ability to meet the particular renter criteria for the property you wish to rent.
If your application to rent is denied based upon your credit history, the rental owner or manager is required by law to provide such notice in writing, including specific information regarding your rights regarding the accuracy of the credit data. If you encounter rental owners or managers who are unfamiliar with this requirement, refer them to the local rental housing association or an experienced landlord-tenant attorney.
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Rental Applications
Completing a rental application can be much easier if renters know what information rental owners and managers are looking for. Here’s what you need to complete a typical rental application:
- Current and previous home addresses
- Names, addresses and phone numbers of current and previous employers;
- Names, addresses and phone numbers of current and previous rental owners;
- A copy of a recent pay stub;
- An account number and address of your bank and any credit cards; and
- Names, addresses and phone numbers of at least two personal references.
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Rental Incentives
The cost of renting is primarily affected by supply and demand. When there are more renters competing for a limited number of rental units, rents typically rise. On the other hand, when there are more vacancies than the supply of qualified applicants, rents usually drop.
Currently, the rental market in the Sacramento Valley region seems to be heading in the direction of stable rents. One indicator of the changing rental market is the growing number of "for rent" signs around town. Another indicator is an increase in the move-in incentives offered to renters. Although one month of free rent or lower security deposits are common move-in specials, some apartment communities are offering a free DVD player and even a chance to win a trip to Europe.
One reason for the change is the large number of renters who took advantage of low interest rates and bought their first home. That reduced the number of renters in the market, and the slow economy and lack of significant job growth in our area has not yet replenished the supply of renters. The current competition for renters is forcing rental owners to lower rents and offer incentives.
All of this is good news for renters. If you are new to the area or renting for the first time, take advantage of the incentives available to you. By signing a long-term lease for six months or one year, you may receive one month of free rent (usually the last month of your lease).
For existing renters, if your lease is up or you are renting month-to-month, you may be considering a move to someplace with lower rent, or looking for more space for the same price you are paying now. However, before you make such a move, contact your current property manager or owner. If you are a good renter, they may offer to lower your rent or perhaps install new carpeting. In times likes these, they know that finding a replacement for a good renter might take awhile.
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Renter's Brochure
Finding the right place to rent is an important decision. If you are renting for the first time, the ordeal may seem overwhelming. You probably have a lot of questions and may not know where to obtain the correct answers.
To help first-time renters through this process, the California Apartment Association (CAA) is distributing a free, 16-page pamphlet entitled Renting: A User Manual. The pamphlet offers tips on finding a place to rent, suggests questions to ask when applying, and describes the forms and terms used during the process of renting.
Free distribution of this useful resource is part of a statewide consumer education campaign led by CAA and its local chapters, including the Rental Housing Association of Sacramento Valley. The goal of the campaign is to help renters understand the process of renting a place to live as well as their rights and responsibilities.
A free copy of the colorful brochure is available through a variety of sources. Renters can view the brochure on the CAA web site at www.caanet.org in the Residents section. The brochure can be printed directly from this web site.
The brochure may be obtained from the Rental Housing Association of Sacramento Valley by calling (916) 920-1120, emailing your request to info@rha.org, or visiting the RHA office located at 201 Lathrop Way, Suite C, in Sacramento.
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Renter's Insurance
If you are a renter, you should consider obtaining renter’s insurance to insure your personal property. You may be surprised by the cost of replacing your belongings as a result of an unfortunate accident. The value of your furniture, televisions, stereo equipment, computers, clothing and jewelry can easily add up to several thousand dollars.
Many renters mistakenly believe their property owner or manager is responsible for replacing any personal property that may be damaged or lost due to fire, theft, water damage or some other catastrophe. However, accidents such as these often are caused by renters. Common accidents are fires caused by stoves or lit cigarettes left unattended. Unless the property owner or manager is somehow responsible for the incident, you will have to pay the cost of replacing your belongings, which is why insurance is so important.
Even if other renters cause the accident, it may be difficult to collect any restitution since they may not have insurance or the financial resources to cover your losses. Likewise, if you cause the accident, you may have trouble paying for other renters’ possessions unless you have insurance.
To find out more information about renter’s insurance or obtain a quote, check the yellow pages or search for companies and information on the Internet. When shopping for insurance, don’t hesitate to ask as many questions as necessary until you feel comfortable with your final decision.
Besides the premium or cost of the insurance, there are other important factors to consider, such as the maximum payments by the insurance carrier on claims, the deductible or reduction from such payments, and any exclusions or limitations of the coverage. Your policy also should include coverage for any personal injuries that may occur in your rental.
Whether you have insurance coverage or not, it is a good idea to make a list of all of your personal possessions as well as take photographs of them. Give this information to a relative, friend or other reliable party for safekeeping. You do not want it to go up in smoke in case of fire in your rental.
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Renting with Roommates
When sharing an apartment with a friend, be sure you understand the risks in case the living situation does not work out. Often, renters mistakenly believe they can move out whenever they want, choose another renter to take their place, and get their security deposit back immediately.
However, a rental agreement is a binding contract. You and your roommate are equally responsible for meeting all terms and conditions. If you decide to move out before the end of the tenancy, you remain legally responsible for the rent. If any portion is unpaid, both you and your roommate may be subject to legal action.
Even though someone you know is willing to take your place, the property manager makes the final decision. The manager should follow the normal application process, which includes reviewing credit and rental histories.
If your roommate stays after you move out, the manager may retain the entire security deposit, including your share of it, until the tenancy ends. Your best bet is to work with your manager, former roommate and any new roommate to remove your name from all rental documents and obtain your share of the security deposit.
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Rights for Renters with Disabilities
If you have a disability, you have certain rights as a renter. For example, your property manager or rental owner must allow you to make reasonable modifications to your apartment or home to accommodate your disability. Unfortunately, you are responsible for paying for these modifications.
In addition, the modifications must be necessary to allow you an equal opportunity to use and enjoy the premises. You should not demand unreasonable modifications that provide you with a higher degree of care than for individuals without disabilities.
Rental owners and managers can place certain restrictions on modifications. They can require you to sign an agreement to restore the interior of your rental unit to its original condition. Although they cannot increase your security deposit, you can be required to deposit money into an escrow account that would cover a reasonable estimate of the cost of restoring the unit to its original condition.
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Room Measurements
When choosing your new rental, be sure to get room measurements. Ask the property manager for a copy of the floor plan. Just in case one is not available, take a tape measure and notepad along with you.
In addition to measuring each room, be sure to jot down the locations of light switches, electrical outlets, cable TV outlets, phone jacks, windows and doors. All of these items can affect where you put things.
Then measure your existing furniture and draw up a plan for where everything will go. Planning ahead will make moving and getting settled less of a hassle.
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Security Deposit Refund Changes
Renters and rental owners often get into disputes regarding refunds of security deposits. A new state law that goes into effect January 1, 2004 attempts to minimize these disputes.
Senate Bill 90 requires rental owners and property managers to provide renters with written documentation, such as a receipt or invoice, indicating the charges incurred to repair or clean the unit. Such documentation should be included with the final itemization statement of the security deposit, which must be mailed or hand-delivered within 21 calendar days from the date a renter vacates the premises.
If the owner repairs or cleans the unit, a description of the work performed must be provided, including the time spent and hourly rate charged. When a contractor does the work, the owner or manager must provide the renter with a copy of the bill, invoice, receipt or other documentation that includes the contractor’s name, address and telephone number.
Sometimes repairs cannot be made or receipts are not available within the required 21 calendar days. In such cases, an estimate of the amount of the deductions needs to be provided within the 21-day period. However, if receipts have not been received from the contractor, the owner must provide the name, address and telephone number of the contractor along with an estimate for the work. Once the final figures and receipts are obtained, the rental owner must provide a final statement within 14 calendar days from the date the repair is completed or from the date the owner receives the receipt documents from the vendor.
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Security Deposits - Moving In
Renters often have questions about the amount of the security deposit required at the beginning of their tenancy. The security deposit cannot exceed two times the monthly rent for unfurnished units and three times the rent if the unit is furnished. If the renter has a waterbed, an additional amount not to exceed one-half of the rent may be required.
Property managers sometimes use different names for a security deposit, such as last month’s rent, cleaning deposit, key deposit or pet deposit, to name a few. Regardless of the name, the total amount of any and all deposits cannot exceed the security deposit limitations explained above.
The security deposit limitation does not apply to any application or screening fee usually charged when applying for a rental. However, this fee cannot exceed $30 plus any increases in the Consumer Price Index since January 1, 1998. That amounts to about $34 in 2003.
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Security Deposits - Moving Out
When moving out, you want to receive your security deposit as soon as possible. Be sure you have provided your former rental owner or manager with an accurate mailing address, and notify them if it changes.
According to state law, the security deposit must be mailed to you within 21 days of the date the owner regains possession of the unit. If any amount is deducted, you must be provided with a written and itemized statement explaining each deduction. Possible deductions include any outstanding rent you may still owe, the cost to repair any damage to the rental unit, and the cost of any cleaning needed to return it to the same condition at the beginning of your tenancy.
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Three Day Notice to Pay Rent or Quit
Renters who do not pay the rent on time may receive a document from their property manager called a Three Day Notice to Pay Rent or Quit. This notice is a legal demand that you either pay the rent or move out. Even if you move out, you will be liable for any rent due according to the terms of the rental agreement.
You need to know that the Three Day Notice serves as the first step in the legal process of evicting you from your rental. Although the notice can be given to you the day after the rent is due, many property managers wait a few days before issuing a Three Day Notice. According to many rental agreements, a late fee will be assessed if the rent is not received within a certain number of days after the due date.
Do not confuse these extra days with a "grace period"or an automatic extension of time to pay your rent. Since the rent usually is due on the first day of the month, paying after the due date means you are paying late, even if a late fee is not assessed until several days later. If you make too many late payments, your property manager may decide to terminate your rental agreement.
If you receive a Three Day Notice, you only have a few days to pay the rent before your property manager can take the next legal step in the eviction process. Starting the day after you receive the notice, you have three days to pay the rent, unless the third day falls on a weekend or holiday, in which case you have until the end of the next business day.
When you receive a Three Day Notice, contact your property manager or rental owner immediately. If you already mailed a check, your property manager will appreciate knowing that the rent payment is on the way. If you cannot pay the rent, you should attempt to resolve the problem with your property manager before any legal action is taken against you. Otherwise, the eviction process will proceed, and you may end up with a negative mark on your credit records.
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Vehicles
Avoid having your vehicle towed by complying with the regulations of your rental community as well as the parking ordinances of the city in which you live. Vehicles owned by renters often can become the source of problems when parked illegally or left in an unsightly state of disrepair.
Code enforcement officials and property managers are very diligent when it comes to parking violations. Depending upon the condition and location of your vehicle, it may be towed 24-96 hours after the required warning is posted. If you see a warning notice, act quickly to avoid expensive towing charges.
It is a good idea to provide your property manager with information about your car, such as its manufacturer, model name and license number. This will enable your property manager to contact you in case there is a problem regarding your vehicle. Most apartment communities already require such information.
Be courteous to your neighbors. When you park your vehicle in a no parking zone or another renter’s space, you probably will cause an inconvenience for someone. If you leave your inoperable vehicle on jacks with parts lying around, you create a safety hazard and an ugly detraction from the nice surroundings of the neighborhood. In addition, your inoperable vehicle creates a negative image of your apartment community that may turn away potential good renters and upset your property manager.
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Water Damage
Rainy days are forecast this time of the year. Unfortunately, water can cause considerable damage to a rental property as well as the property of its residents. To limit the possibility of water leaks, rental owners and managers should perform regular maintenance, such as repairing or replacing old, damaged roofs.
However, even at well maintained properties, renters still may encounter problems with water. In addition to a pesky leak in the ceiling or around a window, water damage can occur if, for instance, the dishwasher or toilet overflows.
Renters usually are the first to discover water leaks or spills inside their unit. It is very important that renters inform their property manager immediately when this happens. Even a tiny leak can cause thousands of dollars of damage if ignored.
Property managers should respond immediately when their renters inform them of a water problem. Although a leak may stop when the sun comes out, the problem still exists and may get worse. Water damage can promote the growth and spread of mold, which usually increases the cost of repairs to the unit and unnecessarily alarm the residents.
Therefore, it is in the best interests of renters, rental owners and property managers to work together and resolve water problems as quickly as possible.
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When an Owner Sells Your Rental Home
Sometimes the owner of your apartment or rental home may sell the property. When this happens, the new owner may want to continue renting to you. If so, you probably will be asked to verify information for the new owner, such as the monthly rent you pay, the names and ages of you and any other occupants, and the amount of your security deposit.
All of this information usually is provided to you on a form, commonly referred to as an Estoppel Certificate. Carefully review or provide the information requested. If you disagree with any information, contact the current owner or property manager immediately. By signing the form, you certify that the information is correct, which makes it difficult to correct an error later.
You may wonder what happens to your security deposit. The former owner has two options: either transfer the deposit to the new owner or refund the deposit to you.
Before taking either action, the former owner has the right to inspect your residence and deduct the costs of any necessary repairs from the security deposit. You should be notified of any required repairs in advance and afterwards to receive an itemized list of the repairs and their costs. The owner may also deduct any outstanding rent from your deposit.
If any amount is deducted, the new owner will likely require you to pay that amount to restore the security deposit to the amount you agreed to pay when you signed the original rental agreement. Why? Even though ownership of the property may change, the terms of the rental agreement remain in effect until one of the following occurs: 1) the lease expires, 2) proper notice is given for any changes to a month-to-month agreement, or 3) you accept new terms in writing, such as a new lease or rental agreement.
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