Array

Nonrefundable rental deposits stir debate

By Janet Portman, Thursday, November 19, 2009.

Q: We listed our rental on craigslist, which listed key terms, including a provision that the pet and cleaning deposits were nonrefundable. A couple contacted us and visited the rental, and we agreed orally, with a handshake, to lease to them. It was clear to everyone that the deal was premised on the terms described in the craigslist ad.

Now our tenants are leaving, and they claim that the pet and cleaning deposits should be refundable. The ad is archived, it cannot be edited, and it plainly says they are not. If we do not return these deposits and our ex-tenants take us to court, will we win based on the clarity of the ad? --Charles and Angie G. more...

Favoring families over frat boys

By Janet Portman, Thursday, November 12, 2009.

Q: For the past three years, we have been renting out our summer cottage for two- or three-day overnight periods to a group of university boys. We were given their Greek name, which we interpreted to be a Greek honorary group. This is a relatively new fraternity and when we began renting to them, we could find little information about them.

During a recent rental, our neighbors became concerned because the boys were conducting some kind of a ritual on our deck involving chanting, robes and candles (I believe it was a new membership ceremony). We now know that this is a fraternity for gay, homosexual and progressive men. more...

A foreclosure protection strategy?

By Janet Portman, Thursday, November 5, 2009.

Q: My landlord, who's been a great guy, told me that he thinks he's probably going to lose the property to foreclosure. My lease runs out in a couple of months, and I was hoping to stay here for at least another year. The landlord offered to renew the lease now, for as long as I want, because he says there's a new law that makes foreclosing banks honor existing leases. If we do this, will it work? --Paul L.

A: Your landlord is correct about the new law. Signed by President Obama in May 2009, the Protecting Tenants at Foreclosure Act of 2009 requires foreclosing banks who become the owner upon foreclosure to honor existing leases. If someone buys the home at a foreclosure sale intending to occupy it, however, the new owner can terminate the lease with 90 days' notice. (Incidentally, for month-to-month tenants, both the bank and any new occupying buyer have the right to terminate the rental agreement, but must give tenants 90 days' notice.) more...

Rent reduction sought for pool closure

By Janet Portman, Thursday, October 29, 2009.

Q: My sister has lived in a nice apartment building with about 200 units for 15 years and has enjoyed using the pool there each summer. This year, the owner decided to close the pool because of the maintenance expense, to the dismay of many tenants. The tenants met with the owner to discuss the issue and he said he would "sell" the pool to them for a penny and it would then be up to them to maintain it. Most of these people moved into the building thinking they would have continued use of the pool without the worry of maintenance or expense, and now they just walk by it each hot day to see it covered and going to waste! What is their recourse? --Pearl M.

A: Your sister's landlord is imaginative, I'll give him that. But he's also avoiding his contractual obligations, and even setting himself up for a nightmarish legal mess. Let's get to the simpler issue first. more...

Rules for charging 'pet rent'

By Janet Portman, Friday, October 23, 2009.

Q: I'm interested in a rental that describes the rent in an odd way: First, the advertisement lists the rent, then it adds "pet rent." Is this legal? --Rigoberto R.

A: It's perfectly OK for an ad to specify that if a tenant has a pet, the rent will be a certain amount more than the stated rent (unless, of course, the property is subject to local rent control, as explained below). The rent is the rent, whether the landlord chops it up into little pieces ($200 for the ceiling fan, $100 for keeping a dog, etc., for a total of $X,000 rent), or simply announces one flat sum. That said, a few things need to be kept in mind: more...

Tenant to take fall for bath damage?

By Janet Portman, Thursday, October 15, 2009.

Q: While on a visit, my tenant's father slipped when getting out of the bathtub. He fell back against the faucet, injuring his back, though fortunately not badly. The tub, however, which is a one-piece fiberglass shower/tub unit, is ruined. Who is responsible for the repair? --Dian S.

A: The key to answering your question is why the tenant's father fell. If he simply lost his balance or failed to be careful when stepping out of the tub, then he caused of the fall and would be responsible for the damage. In addition, your tenant would also be responsible, because tenants are legally liable for damage to the rental when it's caused by themselves and their guests. more...

Mom's lease duties lost in details

By Janet Portman, Thursday, October 8, 2009.

Q: My son and his roommate, both college students, applied for a rental that required a guarantor. I signed the lease application, but never signed the guarantee. Am I responsible for rent and damage if the boys can't cover the rent or trash the place? --Lori S.

A: Being a lease guarantor for a college-age son or daughter is very common. Landlords need to make sure that there's a solid source of funds if the students, most of whom have little to no income, fall behind on the rent or cause damage beyond normal wear and tear. more...

Tenant turnover doesn't add up

By Janet Portman, Friday, October 2, 2009.

Q: We hired a management company to find tenants and collect rent at our rental in a nearby town. Over the past two years, we've had four sets of tenants; one broke the lease, and we had to file evictions on two of them. The property is nice, though the market is cool now. We're tired of the fast turnover -- are we or the management company doing anything wrong? --Jose M. more...

Identifying a truly 'green' rental

By Janet Portman, Thursday, September 24, 2009.

Q: I've been looking at a brand-new apartment complex that advertises itself as a "green community." When I asked the leasing agent about what that meant, she could only point to the recycling bins and the use of high-efficient outdoor lighting. This seemed pretty paltry to me. Are there standards that an owner must meet before being able to claim "green" status for a building? --Max M.

A: In the past, it was on-site laundry facilities, then cable TV access, then Wi-Fi. Now, it seems that "green" is the newest amenity that apartment owners hope will set them apart from the competition. But unlike those earlier upgrades (either there was a laundry room or there wasn't), being "green," or energy efficient, isn't so easy to measure in a residential building. more...

Rental perks for divorcing tenants

By Janet Portman, Thursday, September 17, 2009.

Q: My husband and I signed a yearlong lease a few months ago. I've just learned that he's been cheating on me with a longtime girlfriend. I'm devastated and want him to leave as I seek a divorce, and he's agreed to move out. Our landlord says that if I can't come up with the entire rent on my own, she'll evict me. In fact, my husband made most of the money and I don't think I can come up with that much money. Aren't there legal protections for tenants in a situation like this? --Ellen S.

A: Federal law protects divorced people from discrimination. Landlords generally may not refuse to rent to someone or set unusually onerous rental terms just because the prospective tenant is divorced. Many state laws have similar protections. more...

Fees target lease-breaking renters

By Janet Portman, Friday, September 11, 2009.

Q: My tenant of several months moved out, breaking his year's lease with seven months left on it. The lease has a termination-fee clause, in which he agreed to pay one-and-a-half month's rent if he moves out early. I took that money out of his security deposit. Because housing is tight here, I was able to re-rent within a week. Do I have to return this fee? --Andre Z.

A: Termination fees, which compensate the landlord when a tenant leaves early, are increasingly popular, and some states are catching on and beginning to allow them. Here's how they work: The lease specifies that a certain amount will be due if the lease is broken, regardless of whether, or when, the landlord finds a new tenant. This agreement changes the default rule that applies in most states: Normally, the landlord must make reasonable efforts to re-rent the unit; once it's re-rented, the tenant's obligation to pay rent for the balance of the lease term ends. more...

Rent-to-own becomes raw deal

By Janet Portman, Thursday, September 3, 2009.

Q: We are renting a single-family home that we thought we might want to buy. When we signed the lease two years ago, we paid the landlord several thousand dollars for an option to purchase the home at a commercially reasonable price. Last month, the landlord put the home on the market, and we jumped at the chance to buy it. But now we've learned, through the disclosures, that it has significant structural damage that wasn't evident all the while we lived here. We're not going to buy it, but we want to know -- can we get that option fee back? Had we known then what we know now, we wouldn't have paid for the option. --Tom and Mary Z.

A: Residential property sellers and their brokers are subject to numerous inspection and disclosure obligations regarding the physical condition of the property, about everything from the presence of lead paint or asbestos to "natural hazards" of the area (such as being in a special flood zone), the age of the roof, and even the quality of the home's insulation. more...

Negotiating a lease buyout

By Janet Portman, Thursday, August 27, 2009.

Q: One of my tenants would like to get out of his yearlong lease, which has eight months left. I understand that he remains liable for the whole rent until I re-rent the unit, but he's approached me with a different proposition. He wants to negotiate a buyout, right now, so that he won't be left wondering how many months' worth of rent he'll be responsible for. Is there anything illegal about this? –Harry H.

A: Let's back up for a moment to your assumption that you have to re-rent and subtract the rent you receive from the new tenant from what your tenant owes on the lease. While many states do impose this requirement (called mitigation of damages), it's not true universally. more...

Would-be tenants play 'religion' card

By Janet Portman, Thursday, August 20, 2009.

Q: During an interview with a potential landlord, we were asked some odd questions that, on reflection, seemed designed to find out if we are religious. She asked me where we got married (not just the city, but the site), and how we liked to spend Sundays. We replied honestly -- we got married at a hotel, and spend Sundays on our bikes or hiking -- no mention of attending religious services. Though we have excellent credit and references, we were turned down, and later learned from someone in the building that the owner is practically a religious fanatic. Was this an instance of illegal discrimination? --Marcia S.

A: Let's assume for the moment that this landlord was in fact trying to figure out whether you were religious. more...

Is tenant monkeying with disabilities law?

By Janet Portman, Thursday, August 13, 2009.

Q: My apartment complex specifies "no pets." A tenant has just asked for permission to keep a monkey -- no, she didn't even ask, she announced that the monkey would be living with her. She claims she needs it as a service animal, and she has shown me a letter from her doctor, which says that in his opinion, she needs the animal. Do I have to allow the monkey? --Jared D.

A: A service animal is "any animal individually trained to do work or perform tasks for the benefit of an individual with a disability," according to the Americans with Disabilities Act. When that law was signed in 1990, it's doubtful that Congress envisioned much more than seeing eye dogs, but the definition has been expanded in states (and some cities) that have written their own, more inclusive, protections. more...

Columnists