Legal Issues

You’ve moved into a new apartment, your stuff is unpacked and you’re finally settled in- and that’s when you notice it. It might be the neighbor’s insufferably loud music, a broken security gate, a clear fire hazard or water that smells like sewage running down the only set of stairs to get to and from your apartment. Get ready to file a complaint with your landlord or management company, because little will get fixed if you don’t. But first, you’ll need to take some steps to make sure you come out on top. Keep these five tips in mind to ensure that your complaint will not only be read, but that some action will be taken.

David, a Mexican-American, was looking for an affordable one-bedroom apartment in the Washington, D.C. area. After spotting an ad in the local paper, he called the landlord who described what sounded like the perfect apartment over the phone. But when David showed up to meet the landlord and tour the apartment, he was told it was no longer available. David suspects that the landlord would rather not rent to him because of his race.

After you’ve found that perfect apartment to move into, the rental application you may have to submit is easy to forget about. You fill in your contact information, check a few boxes and hope for a positive phone call in the coming days. While most renters assume their landlords know something about their histories, most don’t know quite how much a landlord can learn about you from your rental application.

Are you ready to leave your tiny, expensive apartment for a bigger, cheaper, better place? Congratulations! But before you hire the movers and turn in your keys, you have something to take care of first. You’ll need to write a lease termination letter to your landlord.

Renting a new apartment can be a financially draining experience. Referral fees, moving costs (boxes, moving truck), furniture and decorations all add to the cost of the move. However, some states offer a way to reduce those costs in the form a surety bond. A surety bond is an alternative to a security deposit — you pay a small upfront premium, often as little 10-15% of an equivalent security deposit. Depending on your financial resources, these bonds may be a good solution for you. Here are some ways to determine if they’re right for you.

California "Notice to Quit" Requirements Change:

As of January 1st, 2007, new legislation has changed “notice to quit” requirements for California landlords. A notice to quit is a formal notice ending the rental agreement or a request that the tenant relinquish the rental property to the landlord. The new legislation requires landlords to give tenants a 60-day notice to quit, rather than the former 30-day notice requirement. The law only applies when the lease term is month-to-month and the tenant has rented the property for a year or more. If you are a California renter, keep these facts in mind:

A lease option gives would-be buyers the chance to purchase a home, apartment, or condo space after renting it for a certain amount of time. There’s usually an extra fee paid at the beginning of the lease term that will allow you to enter into the lease-purchase option. Lease-purchase options are sometimes offered when the housing market is slow, in part to entice people who may not otherwise be interested in or capable of purchasing a home. Depending on your situation in life and your home-owning aspirations, a lease-purchase option may be appropriate for you. Some of the pros and cons of the lease-purchase concept are covered below. Some agreements put part of your rental payments toward the purchase price; others might only give you first option to buy if the owner decides to sell the property. Keep in mind that the situation will vary with individual contracts and agreements, so make sure you understand the full terms of the deal before signing anything.

So your landlord’s notified you that your rent will be increased beginning next month. Since your lease agreement specifies that a particular amount of rent will be paid each month for the term of the lease, you’re wondering what entitles your landlord to raise the rent in this manner. The good news is that your landlord is likely not legally able to raise the rent in violation of the lease agreement. Read on for more information about when—if ever—your landlord may be allowed to raise the rent.

Unless you’re a real estate lawyer, a landlord, or you just like reading over lease documents, the legal terminology in your lease might not be used in your everyday vocabulary. Terms such as buyout clause, sublease, and termination could help you break your lease, if you know how to use the legal jargon to your advantage. Here are a few general terms to help you through your lease.