Every Tenant's Legal Guide

833 Pages·1997·11.279 MB·English

by  Attorney Janet Portman & Marcia Stewart

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Page aa
Page i
Every Tenant's Legal Guide
Ist Edition
By Attorney Janet Portman & Marcia Stewart
Edited by Attorneys Ralph Warner & Mary Randolph
Page ii
Your Responsibility When Using a Self-Help Law Book
We've done our best to give you useful and accurate information in this book. But laws
and procedures change frequently and are subject to differing interpretations. If you want
legal advice backed by a guarantee, see a lawyer. If you use this book, it's your
responsibility to make sure that the facts and general advice contained in it are applicable
to your situation.
Keeping Up to Date
To keep its books up to date, Nolo Press issues new printings and new editions
periodically. New printings reflect minor legal changes and technical corrections. New
editions contain major legal changes, major text additions or major reorganizations. To
find out if a later printing or edition of any Nolo book is available, call Nolo Press at 510-
549-1976 or check the catalog in the Nolo News, our quarterly publication. You can also
contract us on the Internet at www.nolo.com.
To stay current, follow the "Update" service in the Nolo News You can get a free one-year
subscription by sending us the registration card in the back of the book. In another effort
to help you use Nolo's latest materials, we offer a 25% discount off the purchase of the
new edition of your Nolo book if you turn in the cover of an earlier edition. (See the
"Special Upgrade Offer" in the back of this book.) This book was last revised in August
1997.
First EditionAUGUST 1997
IllustrationsLINDA ALLISON
Cover DesignTONI IHARA
Layout DesignTERRI HEARSH
ProductionSTEPHANIE HAROLDE
IndexSUSAN CORNELL
ProofreadingROBERT WELLS
PrintingBERTELSMANN INDUSTRY SERVICES, INC.
Portman, Janet.
Every tenant's legal guide / by Janet Portman and Marcia Stewart.
-- 1st national ed.
p. cm.
Includes index.
ISBN 0-87337-380-4
1. Landlord and tenant--United States--Popular works.
I. Stewart, Marcia. II. Title.
KF590.Z9P67 1997
346.7304'34--dc21
97-10750
CIP
Copyright © 1997 by Nolo Press. All rights reserved. Printed in the USA.
No part of this publication may be reproduced, stored in a retrieval system, or transmitted
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Reproduction prohibitions do not apply to the forms contained in this product when
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Call 800-955-4775 or write to Nolo Press, Inc., 950 Parker Street, Berkeley, CA 94710.
Page iii
Acknowledgments
Jake Warner deserves much of the credit for this bookso much, that we consider him
more co-author than editor. Jake's creative ideas, boundless energy and enthusiasm
inspired and sustained us.
Mary Randolph, a great friend and editor, worked her usual magic with her purple pen.
Mary's writing and editing skills are unmatched.
Terri Hearsh, a long-time Nolo book designer, is always a delight to work with. She
turned our manuscript into stylish, readable pagesand made it look so easy.
Several other Nolo friends and colleagues generously helped with this book:
Stephanie Harolde skillfully prepared the manuscriptdraft, after draft, after draftand
offered many useful suggestions along the way.
Stan Jacobsen provided research assistance and cheerfully took on any task.
Naomi Starkman found and analyzed countless statutes, leaving no page unturned.
Barbara Kate Repa contributed many useful ideas on a wide variety of subjects including
discrimination and privacy issues.
Robin Leonard shared her expertise on consumer credit and bankruptcy.
Toni Ihara designed the beautiful cover.
Jackie Mancusco gave lots of useful advice on renting in New York City.
We're also very thankful to people who provided their expertise on various aspects of
landlord-tenant law, including the staff and members of the National Apartment
Association and the Joint Legislative Committee of the NAA and the Multi-Housing
Council; Mike Mansel of Insurance Associates of Walnut Creek, California; cable TV
experts Carolyn Perkins and C.J. Hirschfield; and Volunteer Legal Services of the San
Francisco Bar Association.
Finally, thanks to Linda Allison for her clever illustrations.
Page v
Table of Contents
I
Introduction
1
Finding a Place to Rent
A. Setting Your Rental Priorities 1/2
B. How to Find an Apartment or House for Rent 1/7
C. Visiting Prospective Rentals 1/12
D. Rental Applications and Credit Reports 1/13
E. How Landlords Reject Tenants 1/21
F. Finder's Fees and Holding Deposits 1/23
G. Choosing Roommates 1/25
2
Leases and Rental Agreements
A. How Written Leases and Rental Agreements Differ 2/3
B. Negotiating With the Landlord 2/5
C. Oral Leases and Rental Agreements 2/7
D. Typical Provisions in Leases and Rental
2/8
Agreements
E. Changing a Lease or Rental Agreement 2/24
F. Signing a Lease or Rental Agreement 2/25
3
Basic Rent Rules
A. How Much Can Your Landlord Charge? 3/2
B. Rent Control 3/3
C. When Is Your Rent Due? 3/7
D. Grace Periods for Late Rent 3/9
E. Where and How Rent Is Due 3/9
F. Late Charges and Discounts for Early Payments 3/11
G. Returned Check Charges 3/14
Page vi
H. Negotiating Partial or Delayed Rent Payments 3/14
I. Rent Increases 3/15
J. Talking the Landlord Out of a Rent Increase 3/21
4
Security Deposits
A. Dollar Limits on Deposits 4/2
B. How Landlords May Increase Deposits 4/5
C. Last Month's Rent 4/5
D. Nonrefundable Deposits and Fees 4/6
E. Interest on Deposits and Separate Accounts 4/7
F. How the Deposit May Be Used 4/8
G. If Your Landlord Sells the Property 4/10
5
Discrimination
A. Kinds of Discrimination Prohibited by Federal
5/3
Laws
B. Kinds of Discrimination Prohibited by State and
5/14
Local Law
C. How to Fight Back 5/15
6
Inspecting the Rental Unit and Moving In
A. How to Inspect the Rental Unit 6/2
B. Photographing the Rental Unit 6/9
C. How to Handle Problems 6/9
D. Clarifying Important Terms of the Tenancy 6/10
E. Organizing Your Rental Records 6/11
7
Roommates
A. Renting a Place with Others 7/3
B. Adding a New Roommate 7/11
C. Taking In a Roomer 7/13