Nine things tenants should know:
1. Read the lease thoroughly
Before signing a lease, carefully read its important terms. You may find clauses in the lease that you cannot accept. For example, restrictions on tenants or pets, restrictions on home decor, or restrictions on running a business from home.
For Chinese immigrants, be sure to ask if you can hang laundry outdoors. Usually, apartment balconies are only for viewing and enjoying the sun, not for drying clothes, as hanging laundry is considered unsightly in many North American cities.
There is also a distinction between furnished and unfurnished rentals; naturally, furnished homes have higher rent. Does the rent include water, electricity, gas, and winter heating costs? Some rents do include utilities. Before renting, be sure to ask clearly what is included in the lease, and it is best to inspect the property in person before signing.
If you have a language barrier, seek help from bilingual relatives or friends to translate and explain the lease terms.
2. Put it in writing
To avoid disputes and misunderstandings with the landlord, put all agreements in writing. Keep records of your communication with the landlord, and if there is a verbal agreement, be sure to follow up with a letter to confirm it. For example, if you have something that needs to be repaired by the landlord, it is best to submit the request in writing, sign and date your written request, and keep a copy for your records. If the landlord agrees verbally to help you with repairs, you can write a short note to the landlord to confirm.
3. Protect your privacy
Aside from rent or security deposits, the most common dispute between tenants and landlords concerns the landlord's right to enter the rental property and the tenant's right to privacy. A better understanding of the privacy clauses in your lease will help you effectively protect your rights. For example, you should be clear about how much advance notice the landlord must give you if they need to enter your rental unit.
Generally, a landlord cannot enter a rented property. If the landlord needs to enter for reasons such as repairs, they must provide the tenant with reasonable notice (usually 24 hours). If the landlord fails to do so, the tenant can sue the landlord for trespassing.
4. Requesting repairs
You have the right to live in a habitable home. The landlord must provide the tenant with basic habitable conditions, including a home that is weather-tight, provides heating, water, electricity, and meets cleanliness and safety standards. If the home you are renting is not well-maintained, you have several options. One is to pay less rent to cover the cost of repairs, another is to notify a building inspector (who can usually order the landlord to make repairs), and another is to move out without paying rent for the remainder of the lease term. Tenants can file complaints with relevant local government departments, such as health or safety departments, or take legal action.
5. Maintain good communication with the landlord
When problems arise, such as the landlord dragging their feet on repairs, take the initiative to talk to the landlord to find a solution together, and try to avoid troublesome lawsuits.
If you are living with your landlord, it means you will have to "sacrifice" some freedom, such as sharing the bathroom and kitchen with the landlord, and following some of the landlord's rules, such as not inviting too many friends over, avoiding heavy cooking fumes in the kitchen, and not making loud phone calls.
6. Purchase renters insurance
The landlord's insurance does not cover the tenant's personal property. If someone is injured in your rented home due to your negligence and sues you, renters insurance will also cover this. Buying a renters insurance policy with $50,000 in coverage usually costs about $350 per year, and the items covered include property loss caused by theft, human-made, or natural disasters. With lower coverage, the insurance premium will be cheaper.
7. Protect your security deposit
The purpose of collecting a security deposit is to protect the landlord's interests if the tenant causes damage to the rental property or fails to pay rent. To protect your own interests and avoid misunderstandings, you should ensure that the lease clearly states how the deposit is used and the method for a refund, including items for which deductions are allowed. When you move in, inspect the house with the landlord and record any pre-existing damage on a move-in statement or checklist.
The landlord has the right to deduct money from the security deposit paid by the tenant, provided the landlord has a proper reason and follows the correct procedure. Many state laws require that when the landlord returns the remaining security deposit, they must provide an itemized list of deductions, including unpaid rent and costs for maintenance beyond normal wear and tear.
The deadline for returning the security deposit varies by state, but landlords usually have a fixed time limit, generally 14 to 30 days after the tenant moves out, regardless of whether the tenant moved out voluntarily or was ordered to vacate.
8. Ensure safety
Investigate and understand whether the house you are moving into and the neighborhood are safe. If they are not, you need to figure out what you can ask the landlord to do for you. Some state or local laws require homes to have certain safety equipment, and you should obtain a copy of such laws. Check the home for protection against criminal break-ins. If there is a high probability of criminal activity, your landlord may be legally obligated to take measures to protect you.
9. Understand when you can refuse an eviction notice and when to move
Unless you are certain that both the law and the facts are on your side, fighting an eviction notice in court is a short-sighted decision. If you lose the case, you may end up with hundreds or thousands in debt, and your credit rating will also be negatively affected.
A landlord cannot force a tenant to move out at will. Before evicting a tenant, they must apply to a U.S. court and provide the tenant with a three-day or thirty-day notice. The landlord cannot unilaterally change the locks on the rented property, throw the tenant's belongings out of the residence, or cut off the power or water supply to the rented property; these actions are illegal.