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Landlord charges extra for lawn care

By Janet Portman, Thursday, August 6, 2009.

Q: We rent a single-family home. When we moved in, I brought my own lawnmower and weed whacker, and used them to take care of the lawn. Now they're broken, and the landlord refuses to purchase new ones. I was under the impression that the lawn and garden, if not maintained by the landlords, was to be maintained by the tenant but that the landlords had to provide the equipment to do so. Am I wrong? Now the landlords are claiming that if we don't maintain the yard, they'll hire a gardener and add the cost to our rent. --Paul P.

A: From the sound of things, a lot of unquestioned assumptions underlie both sides of this argument. If nothing else, your story illustrates why it's a good idea to put all essential terms of a rental in writing. more...

Is my landlord 'rent skimming'?

By Janet Portman, Thursday, July 30, 2009.

Q: The property I'm renting was lost in foreclosure in April 2009. The landlord told me he just wasn't able to keep up with the payments, but it sure seems to me that he's been living pretty well recently -- he's got a new car, and just got back from a weeklong vacation in Hawaii. I've got a year's lease, with nine months left, and this owner bought the place six months ago. I'm afraid I'm going to be told to leave by the bank or the new owner. Do I have any recourse against my landlord? --Fred S.

A: If your state has a law against "rent skimming," you may have grounds to go after this landlord, though it won't stop a new owner from terminating your lease. Foreclosures occurring after May 20, 2009, are subject to different rules, and your lease likely would have survived if the foreclosure had happened just a month later. As you're not in this fortunate situation, however, we won't dwell on what could have been. more...

Canceling rental will cost landlord

By Janet Portman, Thursday, July 23, 2009.

Q: I'm in a bit of a bind. I own a unique, lovely duplex (we live upstairs) that I easily rented in our town of few rentals and high demand. I signed a one-year lease with the new tenants, then learned that my daughter and her husband lost their jobs and need to move. I want to offer them this unit rent-free, and I'm prepared to pay the new tenants what it takes to find another unit, and even any additional rent for a comparable place. But they insist that they have the right to move in, because "a lease is a lease." Can they force me to go through with the lease? --Arnold S.

A: Your tenants' starting point is really, "a lease is a contract." You're announcing that you don't intend to honor the contract, and the legal question becomes, what is your tenants' remedy? more...

'Oddball' move-in fees questioned

By Janet Portman, Thursday, July 16, 2009.

Q: I'm looking to rent at an apartment complex that imposes some oddball fees when tenants move in. In addition to the security deposit, they impose a one-time "initiation fee" (for showing a new tenant around, I guess), a "key fee," and a "lock change" fee. The lease says that I'll have to pay $250 if the landlord consults his attorney about a problem with my tenancy, and another $500 if they have to serve eviction papers. Is all of this legal? --Orville V.

A: This landlord has figured out a way to move some routine business expenses, which most landlords consider to be overhead, to their tenants' accounts. These fees can add up to quite a hefty move-in cost, and in states that don't limit their use, only the market will curb the landlord's greed. If the move-in costs are so high that tenants look elsewhere, the landlord will be forced to lower them in order to attract applicants. more...

Renters find foreclosure relief in new law

By Janet Portman, Thursday, July 9, 2009.

Q: I've got a lease for one year, but it looks like I'm about to get the boot. My landlord stopped by to say that he can no longer afford to pay his mortgage, and he's received a notice of default. He advised me to get ready to move, once the bank forecloses. What are my options? --Bruce B.

A: Your question is very timely. Before May 20, 2009, most renters lost their leases upon foreclosure. The rule in most states was that if the mortgage was recorded before the lease was signed (mortgages are usually recorded right after they're signed), a foreclosure wiped out the lease (this rule is known as "first in time, first in right"). Because most leases last no longer than a year, it was all too common for the mortgage to predate the lease and destroy it upon foreclosure. Sadly for most renters, your landlord's advice was accurate. more...

Parking perks for disabled tenants

By Janet Portman, Thursday, July 2, 2009.

Q: We just rented an apartment in a condominium complex. We chose it because it's accessible for my wife, who uses a wheelchair. We were amazed when the condo owners' association told us that we cannot have a close-in parking spot for our exclusive use. Instead, they're suggesting we use a visitor's spot, which is wheelchair accessible, for pick-up and drop-off, and park permanently in the unit's designated spot. This spot is far away, on a slope, and next to a pillar -- totally unsuited for wheelchair use. Is this legal? --Tom and Sally G.

A: If you were renting in an apartment complex, the answer would be a sure and swift "no!" Apartment communities must give disabled tenants close-in parking if they need it in order to live comfortably and safely on the property. This rule will trump any policies to the contrary, such as a "first-come, first-served" approach to allocating parking spots. more...

Not all violations warrant eviction

By Janet Portman, Thursday, June 25, 2009.

Q: I have attempted, and failed, to evict a problem tenant. This person constantly demanded repairs, complained about our policies, and bad-mouthed management to other tenants. Finally, he did something that was prohibited in the lease -- he parked in another person's parking place one evening. Because my lease says that failure to abide by its terms and conditions is grounds for termination and eviction, I served him with a termination notice and took him to court when he refused to move.

Even though the tenant admitted parking there, the judge said the violation was minor and wouldn't justify eviction. How can a judge rewrite a lease that the tenant signed, well aware of the consequences of a violation? --Walter H. more...

Law protects disabled lease-breaker

By Janet Portman, Thursday, June 18, 2009.

Q: My husband and I are four months into a yearlong lease. My husband has multiple sclerosis, and now uses a wheelchair. The bathroom door is too narrow to let him through, and once in, the chair wouldn't even be able to turn because the room is so small. We need to find an accessible apartment, but the landlord says we have to find someone to take over the lease in order to avoid being responsible for rent for the rest of the lease term. What can we do? --Abbie G.

A: The first thing to do is educate your landlord on his responsibilities under the federal Fair Housing Amendments Act, which protects the rights of disabled tenants. The Act has two broad rules for landlords: First, when a disabled tenant proposes a change in the landlord's rules or policies, the landlord must comply unless the change would be unduly burdensome (generally, the landlord pays whatever expense is associated with the request). more...

Raiding deposit raises legal issue

By Janet Portman, Thursday, June 11, 2009.

Q: When my tenant moved out, he left rugs that were badly stained. Although I could have had them cleaned professionally, I decided after my tenant left to pull them up and refinish the hardwood floor beneath. In fact, I gave the unit an overall facelift, so that I can charge more rent, and I would have taken the rugs up even if they had been left in a clean condition. My tenant doesn't dispute that the rugs were dirty, but says that because I didn't actually clean them, I shouldn't be allowed to deduct from his deposit an expense I never incurred. Who's right? --Mary M.

A: Yours is a question that would warm the hearts of law professors everywhere. Like many issues in the law, there's no simple, applies-everywhere answer. But here are the basics. more...

Tenant suspects manager of illegal entry

By Janet Portman, Thursday, June 4, 2009.

Q: My sister has lived in a rent-controlled apartment for 16 years. Over the past month there has been evidence that someone has been entering her apartment. Little things are disturbed, such as a picture on the floor that's moved to the computer and her printer changing from English to Japanese. We believe it is the manager because he is the only one with a key and the front door is always locked upon her return. In these tough economic times, we think they are trying to get rid of her so they can get more money for her unit. What recourse does she have? --Shirley G

A: Landlords with long-term tenants in rent-controlled cities are often anxious that these folks move on. When tenants don't leave voluntarily, there's no opportunity to raise rents to market levels. Many times, the allowable rent increases do not cover the landlord's increased cost of doing business. more...

The 411 on late fees

By Janet Portman, Friday, May 29, 2009.

Q: I want to impose a late fee when my tenants pay late. My apartment association form lease specifies that the fee will be $100 if the rent is three days late or more. In an earlier column, you wrote that I'd have to charge only what it really cost me when I get the rent late. That's ridiculous -- I'll never be able to calculate that, and besides, it would be too small to deter late payments. --Jack S.

A: You aren't alone -- many landlords are using form leases that specify hefty late fees. These fees accomplish what's intended -- their amount makes tenants either think twice about paying late or go to extremes to borrow the money. Some landlords are candid enough to admit that this policy is a nice profit-generator, too. more...

Landlord wants day care ban

By Janet Portman, Thursday, May 21, 2009.

Q: I own and manage a small apartment complex. I'd prefer not to have tenants running day care operations. I've allowed it before, but the noise and comings and goings of the children and the parents were disruptive; and I'm worried about my liability if someone is injured. Can I specify that this type of home business will not be allowed? --Janice C.

A: In a few states, including California and New York, a landlord's attempt to prevent home day care operations on rental property would be illegal. In those states, the legislatures and courts have concluded that society as a whole has too much to lose, in the way of affordable, quality care for its children, if landlords are allowed to prevent home day care. But the majority of states have not reached that conclusion. more...

The water-billing nightmare

By Janet Portman, Thursday, May 14, 2009.

Q: I've lived in a 40-unit apartment building for the last five years. Until now, I have paid for water, as required by my lease, based on a submetered water system. Recently, the landlord said the meters are broken and she has decided not to fix them, claiming that they are inaccessible. She is now billing us on an allocation system, based on square footage and number of people in the apartment. My water bill has doubled! Can they bill us for water this way or are they required to use meters? --Leslie P.

A: Shifting the cost of water to tenants is becoming increasingly popular with landlords. Doing so reduces their costs of doing business, and though they could build in the cost of water when setting the rent, many hesitate to do so for fear that they will end up with a higher-than-market rent. more...

Hoping for a renters' insurance miracle

By Janet Portman, Thursday, May 7, 2009.

Q: When my tenants moved out leaving the place a mess, I hired a handyman to do some cleaning and repairs. While doing the work, he fell through the floor, which had become spongy with rot. Apparently, the pipes had been leaking for some time, and the tenants never told me.

My helper has medical bills and missed a couple of weeks of work. He has no insurance, and thinks he can be covered by my insurance policy. But it just occurred to me -- these tenants had renters' insurance. Because they caused the problem during their tenancy, aren't they (and their insurance policy) responsible for the results of their carelessness? --Dan P. more...

Toddler turf could be toxic

By Janet Portman, Thursday, April 30, 2009.

Q: I've been reading about the presence of lead in the fake grass, or turf, that's used on playing fields and playgrounds. We have this turf in the toddlers' area of our apartment's playground. I snipped a bit off, and took it to a lab to be tested. The technician told me it's way over our state's permissible lead levels, and poses a threat to the health of the children playing on it. How should I approach my landlord about this problem? --Sandy C. more...

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