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Home » About Us » Columnists » Biographies »

'Repair and deduct' remedy has limits for renters

By Janet Portman, Thursday, February 9, 2012.
<a href="http://www.shutterstock.com/gallery-143395p1.html" target=blank>Tug-of-war money image</a> via Shutterstock.com.

Q: I suspect that I have bedbugs in my New York apartment. I called the landlord, who said he'd mention it to the rodent exterminator who comes once a month. But my understanding is that a bedbug infestation needs to be assessed by someone specifically trained to detect them and to use proper methods to treat them.

I don't think the rodent service is up to the task. Can I use "repair and deduct" to hire a qualified inspector to inspect the premises, then deduct the cost of the inspection from my rent? --Margaret R.  more...

Don't expect rent refund for 'illegal' lease

By Janet Portman, Thursday, February 2, 2012.
<a href="http://www.shutterstock.com/gallery-209548p1.html" target=blank>For-rent-sign image</a> via Shutterstock.com.

Q: If my landlord is required by the city to obtain a business license in order to have rental properties, but chooses not to, is the lease agreement that I signed with her a legal and binding contract? It seems to me that if she is running an illegal business, she can't enter into contracts that bind her business. --Steven D.

A: The gist of your theory is that failing to get the legally required business license means she is running an illegal business, which means her business contracts are unenforceable. I don't think you would likely prevail with this argument.  more...

Consequences for lying on rental application

By Janet Portman, Friday, January 27, 2012.
<a href="http://www.shutterstock.com/gallery-101490p1.html">Police lineup image</a> via Shutterstock.com.

Q: I've just discovered that a tenant misrepresented a very important fact on his rental application: He said he had no criminal record, but another tenant in the building told me that this man has recent convictions for burglary and rape. When I confronted him, he admitted it. Now, his neighbors have given notice, saying they're afraid to live here. Do I have any legal recourse against the tenant with the rap sheet? --Denise W.

A: "Legal recourse" is a big phrase. What, exactly, do you want to do? I can imagine you might want this fellow off your property, and you might also want to be compensated for the loss of other tenants.  more...

Tenant endures retaliation for 'fix-it ticket'

By Janet Portman, Thursday, January 19, 2012.
<a href="http://www.shutterstock.com/gallery-65068p1.html" target=blank>For-rent sign</a> via Shutterstock.com.

Q: Last week some inspectors from the city asked to come into my apartment and check for code compliance. I said OK, and they found a few violations (stuff I'd asked my landlord to fix many times).

I understand that they gave my landlord a "fix-it ticket," and he did the work. But he was annoyed with me for letting them in; he said I should've said "no," and told him about the visit. He claims he would have fixed the problems right away, but now he has a "record." He's asked me to move when my lease is up. Is there anything I can do about that? --Sheri L.  more...

Must-do before considering a sublet

By Janet Portman, Friday, January 13, 2012.
<a href="http://www.shutterstock.com/gallery-100760p1.html" target=blank>For-rent sign image</a> via Shutterstock.com.

Q: We are subtenants who have just found out that the landlord is evicting our "landlord," the original tenant, for illegal subletting. Apparently, the original tenant didn't ask permission to sublet his place, which he was required to do. Where does this leave my daughter and me? --James C.

A: You and your daughter may be out of luck, unless you can talk the landlord into renting directly to you. Here's what you're up against.  more...

What's reasonable notice to enter unit for repairs?

By Janet Portman, Thursday, January 5, 2012.
<a href="http://www.shutterstock.com/gallery-55550p1.html" target=blank>Repairman image</a> via Shutterstock.com.

Q: My tenant has asked that I repair the dishwasher as soon as possible, and I've agreed to do so. But she is insisting on 48 hours' notice of the repairperson's entry. The repair shop says they can "work me in," but that may mean that they'll call at the last minute. Do I have to follow the 48 hours' notice rule? --Ella T.

A: I think you're dealing with a rather unreasonable tenant. Someone who wants an immediate response to a non-emergency problem should be willing to forgo the normal notice period that would apply to normal repairs.  more...

Rules of increasing security deposit midlease

By Janet Portman, Wednesday, December 28, 2011.
<a href="http://www.shutterstock.com/gallery-319399p1.html" target=blank>Money bags image</a> via Shutterstock.com.

Q: I've been given a lease to sign that says the landlord can increase the security deposit during the term of the lease. I thought the whole point of a lease is to prevent this sort of thing. Is this legal? --Bella B.

A: It's understandable that you'd be confused after encountering a clause like the one you describe. When we think of leases, we expect that the key terms, such as the rent and the length of the lease, will be set and unalterable (unless both parties agree). After all, that's the main advantage of a lease over a month-to-month rental agreement -- the tenant knows he can stay for the lease term (barring any bad behavior), and that he won't be hit with a rent increase.  more...

Lease-breakers off the hook if landlord markets unit for sale?

By Janet Portman, Thursday, December 22, 2011.
<a href="http://www.shutterstock.com/gallery-6301p1.html">Wallet house image</a> via Shutterstock.com.

Q: We had to break our lease and move when I lost my job. My landlord decided he'd put the house on the market rather than try to rerent, so of course it's going to be very hard to find a replacement tenant. If he never finds someone willing to take this rental, does this mean I have to pay rent for all the remaining months on our lease? --Geoff and Cathy S.

A: In most states, landlords must make reasonable efforts to rerent after tenants break a lease without a legally valid reason. Assuming this rule applies where the property is located, what's the legal effect of your landlord's decision to attempt to rerent while also attempting to sell the house?  more...

Vacation rental's deposit rule crosses the line

By Janet Portman, Thursday, December 15, 2011.
<a href="http://www.shutterstock.com/gallery-1684p1.html" target=blank>Lock and money image</a> via Shutterstock.

Q: Our family has rented a beach house for a week on the Northern California coast. The rental contract says that if we violate any of the contract's terms, such as the occupancy limit, rules for pets and smoking, and so on, we will "automatically forfeit" the security deposit in full, and we'll be liable for any costs that exceed the deposit. Is this legal? --Jane and Brian P.

A: In a word, no. In California, as in most states, landlords may use security deposits only to cover past-due rent, to pay for repairs due to damage that exceeds regular wear and tear, and to cover the cost of replacing missing or destroyed personal property belonging to the landlord.  more...

When does lease-breaker's rent duty end?

By Janet Portman, Thursday, December 8, 2011.
<a href="http://www.shutterstock.com/gallery-79033p1.html" target=blank>Lease break image</a> via Shutterstock.

Q: My wife and I bought a house after signing a lease a few months ago. We understand that we're responsible for the rent until the landlord gets new tenants. He took a security deposit from a prospective renter, but then the renter backed out and the landlord returned the deposit. Are we still on the hook for the rent? --Jeff C

A: Renters in most states will be in the same boat as you when they leave a lease midterm, without a legally recognized reason for breaking the lease. The landlord must take reasonable steps to rerent the property. Once the landlord finds a new tenant, the original tenant bears no further responsibility for rent (this is known as the "mitigation of damages" rule).  more...

3 steps to get deposit back after move-out

By Janet Portman, Thursday, December 1, 2011.
<a href="http://www.shutterstock.com/gallery-286756p1.html" target=blank>Moving day image</a> via Shutterstock.

Q: I moved out of my apartment last month, leaving it clean and without any damage. But I have yet to receive my deposit back. I now live several hundred miles away in another state. Any suggestions on how to get that deposit back? --Marc S.

A: Many states have strict rules on how landlords should collect and use deposits. These rules include the process of returning them when the tenant moves out.  more...

3 benefits of 'good landlord' licensing

By Janet Portman, Monday, November 28, 2011.
<a href="http://www.shutterstock.com/gallery-58922p1.html" target=blank>James Stuart Griffith</a>/<a href="http://www.shutterstock.com" target=blank>Shutterstock</a>

Q: Our city has just instituted a business license requirement for landlords, including those who, like me, have only one or two rentals. The city council says this will discourage "slumlords." But there are plenty of laws on the books now to deal with bad landlords. Isn't this new fee just a thinly disguised way to generate income for the city? --Wes S.

A: You're not the first landlord to react in frustration at the prospect of having to pay a licensing fee to combat an evil that you feel is better handled in other ways. Another complaint I hear comes from rental property owners who are responsible and have never been accused, by tenants or city authorities, of running a slumlord operation. Why, they ask, should they pay for the bad business practices of others?  more...

Know when 'house rules' violate lease

By Janet Portman, Friday, November 18, 2011.
<a href="http://www.shutterstock.com/gallery-79586p1.html" target=blank>fantazista</a>/<a href="http://www.shutterstock.com" target=blank>Shutterstock</a>

Q: As a property manager, I am under contract with an owner to advertise and show his single-family rental. I recently chose new tenants and signed the lease. Since then, the owner has sent the tenants a nonsmoking policy, specifying that if any guests smoke on the property, it will constitute a violation of the lease and can result in termination.

He is also demanding proof that their dog is current on vaccinations; a statement from their vet that the dog is current on monthly flea and tick medicine; and a copy of their renters insurance policy.  more...

Using Facebook to screen tenants invites trouble

By Janet Portman, Thursday, November 10, 2011.
<a href="http://www.shutterstock.com/gallery-469723p1.html" target=blank>flydragon</a>/<a href="http://www.shutterstock.com" target=blank>Shutterstock</a>

Q: I applied for a rental last month and thought I'd get the place -- I have an excellent record as a tenant, a stable job, and a string of happy landlords in my past. But I was rejected. A friend asked me whether I'd taken down my Facebook page before applying -- he said that landlords regularly check these, and they make decisions based on what they find. On my page, it's clear that I'm very politically active and that I'm a Buddhist. How can I find out whether the landlord went online, and whether the information he found contributed to his decision -- which would have been illegal, right? --Tom F.

A: Your friend was correct when he told you that online searches of applicants' social media postings are on the rise. In the employment area, studies show that employers regularly conduct such searches. For example, an August 2011 study by the Society for Human Resource Management contacted 541 job recruiters and found that 18 percent said their companies regularly researched their applicants on sites such as Twitter and Facebook. There's no reason to think that landlords are proceeding any differently.  more...

Is your rent hike illegal?

By Janet Portman, Thursday, November 3, 2011.
<a href="http://www.shutterstock.com/gallery-467218p1.html" target=blank>jcjgphotography</a>/<a href="http://www.shutterstock.com" target=blank>Shutterstock</a>

Q: After weeks of trying to get our landlord to make a repair to the roof, we decided to withhold rent. We followed our state's rules, and the landlord got the idea -- he repaired the roof. But then he served us with a rent increase. Isn't this illegal? --Dori and Tom T.

A: Most states that allow tenants to withhold rent and/or use "repair-and-deduct" also prohibit landlord retaliation when tenants invoke these remedies.  more...

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