When you rent a home or apartment, you make an agreement or lease to pay the landlord a certain sum of money for the temporary use of the property. The person that lives in the house or apartment and pays the rent is called the tenant.

Leases

A lease is a rental agreement between the landlord and the tenant that gives the tenant the right to occupy the property for a specified length of time in exchange for rent payments. The terms of a lease can be negotiated before you sign it. A tenant is obligated to pay rent and a landlord cannot rent the property to anyone else during the lease period.

As with any contract, the rental agreement should be in writing to avoid misunderstandings and should contain all of the terms agreed to by the parties. The following are the basic items that should be included in a property rental lease:

• Names of all tenants
• Address of the property being rented
• Contact information for the landlord, which may be an individual or a property management company
• Amount of rent and how often it is paid
• Amount of the security deposit
• Start date and end date of the lease term
• Penalties for late payments
• Amount of notice required before either the landlord or the tenant can cancel the lease
• Who is responsible for utility charges, upkeep, repairs or alterations
• The signatures of all tenants and the landlord

Security Deposits

A security deposit is money that the tenant pays to the landlord to protect the landlord in case the tenant damages the property or fails to pay rent. Landlords can use the deposit to cover unpaid rent and perform needed repairs or cleaning that result from more than normal use. Usually the tenant pays the security deposit before moving in. All states allow landlords to collect a security deposit when the tenant moves in, but some states limit the amount landlords can charge. Many states require landlords to put deposits in a separate account, and some require landlords to pay tenants interest on deposits.

You can protect your security deposit by using a move-in checklist, which is usually provided by the landlord, and by taking pictures of the condition of the property when you move in. At the end of the lease term, you should inspect the property with your landlord, and note on a move-out checklist any deductions for repairs and cleaning to be taken from your security deposit.

Evictions

An eviction is a legal proceeding where a landlord removes a tenant from a rental property. A landlord cannot evict a tenant without a proper reason and notice. The eviction rules vary by state.

In most areas the following are considered proper reasons for evicting a tenant:

• Nonpayment of rent
• Refusal by a tenant to leave after the lease has expired
• Violations of the lease

Renters Insurance

Although a tenant does not have an obligation to buy renters insurance, unless the rental agreement requires it, it is a good idea to have renters insurance to protect personal property. The insurance policy that the landlord may have does not cover a tenant's possessions inside of the apartment or house. A renter's insurance policy will cover such items as furniture, clothing or electronic equipment in case of fire, theft, vandalism or weather damage. Renter's insurance also provides coverage for bodily injury or property damage in case an accident occurs at your rental home, such as a visitor slipping on a wet floor and breaking a bone.

Fair Housing

Landlords cannot discriminate when choosing tenants based on race, religion, national origin, color, sex, disability or family status. It is also illegal for landlords to harass, intimidate, threaten, interfere with, or evict a tenant because of the same factors. It is unlawful to discriminate in any aspect of renting housing or to deny housing to a renter because of a disability of the renter, or a disability of an individual associated with the renter, such as a family member. (Fair Housing Act, 42 U.S.C. § 3601 et seq.)

All the states and many cities have enacted fair housing laws as well. Some local laws forbid discrimination against unmarried persons, children, homosexuals, disabled persons or others.

Renting vs. buying

There are many factors to consider in determining whether renting or buying is best for you. Buying a home makes the most sense for some people, but renting makes the most sense for others. You will need to figure out whether you can afford to buy and then consider the time that you would stay in a new home, the home's prospects for appreciation and taxes.

The Ginnie Mae Website offers a buy vs. rent calculator to help you decide what is best for you.

Below is a list of some of the benefits of renting:

• Flexibility to move when you want or need to
• Usually less expensive per month
• Not responsible for upkeep, maintenance or repairs
• No appliance replacement costs
• No property taxes

Questions for Your Attorney

The landlord tenant laws vary by state, and there are often local ordinances governing property rentals, so whether you are a tenant or a landlord, you should contact an experienced landlord tenant lawyer in your area if you have a property rental issue come up that you are not able to resolve yourself. Below are examples of questions for your attorney:

• What are the rental laws in my state, and are there local ordinances that I need to know about?
• Does my landlord have the right to evict me and how can I defend myself?
• Can my landlord evict me without going to court?
• What happens when my case goes to court?
• What are my legal rights for keeping a pet?
• Do I have to let my landlord into the property that I am renting?
• I was injured while on the rental property, is the landlord responsible for my medical bills?
• I requested that my landlord make repairs but they have not been made, what are my options?
• How do I evict a tenant who has not paid rent?

Related resources on Lawyers.com^sm

- What to Expect from Your Landlord
- Landlord & Tenant Articles and Information
- Finding Help as a Tenant
- Find a Landlord/Tenant Lawyer
- Visit our Landlord & Tenant Forums for more help