Because apartments have had a lot of previous owners, then nothing can ever be truly new once you move in – most of the time. Sometimes, the appliances could be broken and unusable. Who gets to fix or replace them would depend on what’s stated in your lease agreement.

Most of the time, your landlord will claim the responsibility because after all, it is an investment. The appliances would remain in the apartment even after the tenant has moved out and another tenant moves in. But there are a handful of cases wherein the lease agreement would say that the tenant can replace the appliances at his own expense and he can take them with him once he moves out. It’s clearly stated in the lease agreement but what if your landlord forgot and would insist on keeping the appliances that you have bought as replacement? What happens then?

Here are some tips to establish your ownership on the appliances that you have bought out-of-pocket.

1. Make sure to document every purchase. Keep the receipts and take photographs.
2. Take pictures of the old appliances and put them side by side the new ones. This may require a bit of editing. If you don’t know how to do this digitally, you can just glue the pictures next to each other in a sheet of paper.
3. When you move out, make sure to show your landlord a copy of the lease agreement saying that the appliances are yours to keep.
4. You would also need to note all the repairs that need to be done, if there are any, so you would have a general idea as to how much of the security deposit you would have left.
5. If you will be charged, ask for receipts as well as detailed explanation of the charges. You want to make sure that the landlord is not just charging you because of you took the appliances with you.

At all times, you must be well-aware of your rights. Naiveté will only hurt you. There are landlords who will do everything that they can to try to keep your security deposit or bend the lease agreement in their favor. Never allow that.

If that happens to you, know that there are companies that are willing to help you out. One of them would be the RPA, which accepts and processes complaints via their complaint center. Here’s the link http://www.rentalprotectionagency.com/complaint_center.php.

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For the pet lovers like myself, let me ask you this: would you agree with me when I say that it is becoming very difficult to actually care for pets without getting punished by all those fees?  The apartment I’m renting has agreeable terms when it comes to pet deposits.  But because of work, I have to move to another state and thus, I am looking for an apartment to rent.  Of course, I will be bringing my pets with me. I have a dog and two cats.  The problem is, in landlord is asking for $250 pet deposit, $300 Non-Refundable pet fees and a $25 pet rent per month.  I didn’t think this was fair or even legal.

To cut the long story short, I filed a complaint against that apartment even if I did not really continue renting there.  The complaint was mainly to warn other pet lovers like myself about that apartment complex.

For your guidance, I thought of sharing the following facts about pet deposits.

• Is pet rent legal?

In all states, pet rent is legal as long as there are no discriminatory reasons why you are being charged this additional rent.  Example of a discriminatory reason is that you are being charged pet fees because of your race, color, age, and sex and so on.

• Is it legal to charge pet rent and pet deposit?

A pet deposit pertains to the money that you pay up front to ensure your landlord that there is coverage in case your pet damages the property.  So just like your security deposit, the pet deposit is a one-time fee.

On the other hand, the pet rent is paid on a monthly basis and it covers the mere presence of your pet in the apartment complex.  In some states, that rent is required because by law, pets are not allowed in an apartment complex.  The only exception to this is if the pet is necessary for your functioning or if they are service pets.  In some areas, pets are even considered as privileges.

• Are non-refundable pet fees legal?

The answer would depend on your state.  So you’d have to check your local tenant laws.  Do not just believe everything on the lease because sometimes landlords would have their attorneys draft the lease to their advantage, with or without consideration of the existing tenant laws in your state.

However, know that in Massachusetts that fees are illegal.

If you don’t want the many pet fees and still keep your pet, then that is also possible.  This is because there are apartment complexes that are built to be pet-friendly. In these apartments, there is a wide lawn for pets as well as a pet playground.  The only catch is that these places are usually more expensive than the regular apartments.

Another option would be to rent a home or a private townhouse.  These places are usually more agreeable when it comes to pet fees.

Of course, it may take some time before you would find that perfect place for you and your pet.  Again, if you feel discriminated when looking for an apartment or if there is something in the lease that is contradicting your state and local laws, feel free to file a complaint and let others know about it. Here is the link that I used when I did that: http://www.rentalprotectionagency.com/complaint_center.php.

The post Can Landlords Charge Non-Refundable Pet Deposits? appeared first on RPA Tenant Rights Blog.

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There is a widespread confusion on the what the 3-day notice is about. As a tenant, I would dread the day when my landlord will mail me a 3-day notice because I was a little delayed on the rent. But as it appears, a 3-day notice is only given as a reminder that a payment is late or it is incomplete. There are many ways that you can prevent the mailing of such a notice. For instance, you can talk to your landlord and discuss the possibility of an extension. Well, this worked for me but I had to pay late fees and all that. I know it was my fault since it is my responsibility to make sure that I make the payments on time so I paid the fees.

Correcting Myths on the 3-Day Notice

Once the 3-Day notice is up, you will not be evicted or locked out. In fact, the 3-day notice is just the beginning of a lengthy process that will ultimately lead to your eviction – if you do not pay up.

After three days of no payment or no negotiation coming from your end, the landlord can then move to filing for a formal eviction process. You don’t want this to happen because if a resolution is handed down from the court, you will be evicted, your credit score will be affected and depending on how the notice was stipulated, you might also be charged for the landlord’s court costs.

In short, you will be made to pay more than the rent and your credit history will also be stained for a few years.

However, if you feel that the 3-day notice has been incorrectly used by your landlord, then it is your right to file for a complaint.

When Should You File for a Complaint

• You file for a complaint if you are forcefully evicted after the 3-day notice. Always keep in mind that the notice is only supposed to be a reminder to pay up; otherwise, an eviction case will be filed against you.
• If you already have your rent, plus late charges, but your landlord will not accept it and decided to still proceed with the legal actions then you should file for a complaint. You want to make sure that you intention to pay up is well documented in order to hold valid proof in court. Remember that an illegal detainer action must only be filed if you do not pay up or move out.
• If you have been locked out. Your landlord cannot lock you out at anytime, and without the final decisions to your eviction case.

To file for a formal complaint, use the same link that I used: http://www.rentalprotectionagency.com/complaint_center.php. After filing, the RPA will step in and help you find a solution to your rental concerns.

PS: I used RPA’s services when I got into the same trouble with my landlord and I must say, I was truly satisfied with them. I paid $35 as a filing fee but I think that was better than having to face lawsuits and pay for lawyers.

The post Can my landlord evict me after a 3-day notice? appeared first on RPA Tenant Rights Blog.

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[named Lead Disclosure and Certification act] states that a Landlord can NOT evict a tenant, if they are not in compliance with the regulation [IE Providing the Tenant with children 6 and under, with a "Lead Safe" or "Lead Free" certificate. 

LANDLORD CAN NOT CHARGE RENT OR EVICT IF HE DID NOT FOLLOW THE LEAD PAINT REGULATION !!!

 Fellow tenants, Wake Up. This is our chance at getting the safety rights for ourselves.

The cheap landlords who do follow and provide us with the official Lead Safe Certificate, certify the safety THEMSELVES !

How can we trust them to ensure Lead Paint Safety ?

can the Fox watch the henhouse ?

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Living with bed bugs can be a nightmare.  Spreading the infestation deeper into your rental unit is worse.  Learn how to spot bed bugs by doing a simple inspection.  The video will walk you through some simple ways to kill bed bugs so you can rest a little better.

If you’re living in an apartment filled with bed bugs; you have rights to file a complaint with the Rental Protection Agency.  Bed bug complaints are now the 2nd most common complaint filed by tenants in the USA followed by deposit disputes.

See how to make a simple bed bug trap to catch and kill bed bugs.  Learn about the life cycle and why it is so easy to spread infestation.  This natural way to get rid of bed bugs will provide temporary relief until you can get in a professional company to erradicate the problem.

Female adults can lay 5 eggs daily.  If you need to file a formal bed bug complaint, click on the link

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When I moved into this apartment, I was made aware that the landlord is planning on making a restaurant in the space below my unit. He promised that it will be a classy restaurant for fine dining. I thought it was okay since it means the noise will be minimal plus I get to have a place to eat should there be a cause for a celebration. But it turned out that he was making a club and not a classy restaurant. I am in the middle of my lease agreement and it says I have to pay a month’s worth of rent as termination fee. I didn’t think this was fair since I was promised the wrong things in the first place.

So I asked around and this is what I found out. I’m sharing this with you in case you are stuck in the same situation as I did.

1. Do not just leave the premises. Your landlord will think you’ve abandoned the unit and will proceed with legal actions.
2. Try to deal with the issue in an adult and professional manner. Do not just leave angry voicemails or pound at your landlord’s door. Issues get resolved faster when they are dealt with calmly. Also, you tend to think irrationally when you’re upset. Maybe your landlord will understand it if you decide to just move out because of the noise.
3. Ask your local authorities as to the noise level generally acceptable. Also, know if it’s legal to have a club in a residential apartment complex. It’s best if you know your options so you can be confident when you talk to your landlord.
4. If your initial talk with the landlord does not yield any results, then write a letter detailing the problems and the solution that you would like to have. Make sure that you get a proof of delivery so send it via certified mail.
5. Gather all the documents that you have and the RPA will give you at the close of your complaint. You will need these proofs should you still need to proceed with a court case.

5. If the landlord remains to be uncooperative, you can file a complaint with the RPA. I personally had to do this step since my landlord was being very unreasonable. This is the link I used to file the complaint: http://www.rentalprotectionagency.com/complaint_center.php

When you signed the lease agreement, you showed your landlord that you trust him enough to be locked in a contract with you. It’s really sad to know that your landlord could break your trust too easily. It always helps to have help options and also to be educated on the laws of your state.

Remember, you have tenant rights and you need to know these rights. Otherwise, your landlord will just take advantage of you.

The post Landlord Promised, Landlord Lied appeared first on RPA Tenant Rights Blog.

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Security deposit is required from tenants by the landlord before moving in a rental property. This will be held and used by the landlord to pay and cover any costs on repairs for any damages the tenant might do with the rental unit during his stay. Disputes on wear and tear in the unit that the tenant is responsible to pay for repairs and security deposit refund are the most common dispute between landlord and tenant.

• Renter responsibilities.  Security deposit is asked for a reason and that is to cover any repairs that will be made to the unit by the time the tenant decides to move out. Thus, tenants are asked and required to leave the rental unit in the same condition it was when they moved in but if the tenant vacates the unit in any other condition then the landlord can use the tenant’s security deposit for the repairs including carpet damage as long as it is not a normal wear and tear and cleaning of the place for the next occupant. Tenants are responsible for any damages they may have done to the rental unit.
• Wear and Tear. According to state laws normal wear and tear made to the carpet are allowable as long as it is really normal wear and tear. Normal wear and tear includes the wearing of the carpet naturally due to regular use, furniture marks and aging. The landlord cannot withhold the tenant’s security deposit if the damage is just normal wear and tear and not caused by the tenant. In addition, tenants are not responsible for any defects on the carpet that existed before they even moved in.
• Damage and Replacement. If the carpet in a rental unit is damaged and needs to be replaced, the tenant is not responsible to buy a new carpet all by him but instead he is only responsible for the prorated price to the damage he caused to the carpet. For example if the tenant damages the carpet and was cheated three years out of the life expectancy of the carpet thus he is only responsible to pay the prorated amount of the 3 years.

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When we talk about lease agreement, we often refer it as the contract signed between two parties that involve a tenant and a landlord.  A lease agreement is a binding contract and can be used in court. However there are also some instances wherein a tenant would want to break their lease before it even expires. Here are some tips and instructions on how to break lease early:

• Check your state laws. First of all you must have a background of your landlord tenant laws in your state. You need to know what your local state say about the causes and consequences if you terminate your lease early.  This is a very important thing to do because whatever your lease states that conflicts with the landlord tenant law in your local state, the local law will and can govern the situation thus making your lease null and void.
• Review your lease agreement. After checking your state laws, you need to take a look into your lease agreement signed. Your lease may contain many clauses with regards to termination of lease i.e. consequences of lease termination and sometimes it even states having to pay or “liquidation damages”.  These “liquidation damages” are damages that the landlord will assert as a result to the apartment being empty due to the tenant moving before his lease expires.
• Reason for termination of lease. The reason of you moving early is very important in determining on how much security deposit you can get back and if you owe your landlord any additional money. For example the reason you are terminating your lease early is because the apartment you are renting is classified as uninhabitable, thus in which case you can terminate your lease for constructive eviction wherein the landlord is responsible to provide you with compensation in the expense of you moving out and finding a new place to live.

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I’ve always thought that you’ll only get punished for doing something good when it’s a movie. But when I got stuck in a situation, I’d say good deeds also get punished in the real world.

I used to have a friend who got into some financial distress. She lost her job and ultimately got evicted from her apartment. So she needed a place to stay while she looks for another job. Since I live in an apartment that has two rooms, I offered to let her stay for a couple of weeks. My lease does not allow a sublease so she stayed as a tenant authorized by the landlord. She could need stay beyond a month.

Guess what, she’s been in my apartment for 2months. She has not found a job so she was not helping me with the bills. At first, I didn’t think the landlord was aware she has been there for two months because he hadn’t come knocking on my door. I used to dread that day.

I knew I could get evicted for breaking the lease agreement because of her and she seemed to be aware of this fact. I’ve been trying to evict her from my apartment but she just wouldn’t budge. I’ve served her with a 30-day notice on her first month and that didn’t work. So the only option left was really to tell my landlord about the situation that I was in.

When I told my landlord, he was very disappointed. He said that I could change the locks. I basically needed to do something to kick her out within three days; otherwise, he’ll serve me eviction papers for violating the lease agreement. Needless to say, I was in a predicament.

Long story short, I got her out and I’m still living in my apartment. The landlord tried to evict me even if I got her out on the 2^nd day of the agreed three days but that’s in the past now. The RPA Mediation Services took care of that.

What did I do?

• I called the police. She was living in my apartment for free. She slept on one bedroom but she was living out of a suitcase.
• When she was out, I changed my locks. It was the landlord who suggested that I do this so I did.

Yes, the friendship is gone by now but I wouldn’t want to ruin my credit score and regret it for years. At least now, I still have a place to stay, my credit score is still in good standing and the landlord is friendly to me again. In the future, I’ll make sure to choose my friends well.

The post How to evict an overstaying guest from my apartment? appeared first on RPA Tenant Rights Blog.

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A medical condition that arises after a lease agreement has been signed is something that might require huge changes on both the landlord and the tenant. Special accommodations need to be made and if they cannot be made, a lease agreement might be broken. If this the case, is it right for a landlord to still charge early termination fees and penalties?

Let’s look at an example.

My mother-in-law is renting a unit in the second floor of an apartment complex. Just last week, she suffered from a heart attack and was advised a no-stairs apartment. We went to the office of the apartment manager and told them of the situation. We even brought the doctor’s recommendation as proof. We asked if it’s possible to move her to a unit on the first floor and if that can’t be done, we asked if we could break the lease agreement early.

I was hoping they’d do some amendments, seeing that my mother-in-law is no longer fit to use the stairs. Apparently, they just wanted the money. They said that there is  no unit available in the first floor and that they will still charge her the termination fee for breaking the lease early. That wasn’t very fair, was it?

So I filed a formal complaint against them through the RPA mediation center. My mother-in-law got to move but she had to go through the eye of a needle just to do that. If this happens to you, a friend or a family member, here are the things that you must know.

1. Bring the medical certificate, photocopy it and request to have it notarized. Then submit a copy to your landlord.
2. Look for a provision in your state tenant laws regarding the early termination of lease due to a medical condition.
3. File a complaint with a mediation copy.
4. If you have a lawyer-friend, ask them a favor and have them write a letter in your behalf. A letter with a lawyer’s header is much more forceful and sometimes does the job done.

Generally, you cannot be forced to keep a lease agreement if it will not benefit your medical condition. The landlord needs to make some adjustments like providing you with a ramp, moving you to a unit in the first floor or installing with a special 30 amp 220v circuit for any medical equipment that you may need to use.

If the landlords cannot accommodate these, then they should release you from a lease agreement.

The post Is it legal to break a lease agreement because of medical conditions? appeared first on RPA Tenant Rights Blog.

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