Before you move in: preventing headaches in your tenancy

By: Dallas Atkins, Attorney at Law

1. Know your roommates. Exchange information about values, lifestyle, study habits, favored recreation, taste in music, pet peeves, and anything else that might come up as an issue. You want to live with people who are compatible with you. 2. Know your landlord and property manager. Ask other tenants what the landlord is like: how quickly does landlord respond to repair requests, what types of reasons does the landlord evict tenants for, is the landlord accessible by phone and mail? Avoid landlords who have a rotten reputation for how they deal with tenants. 3. Know your lease or rental agreement. Get a copy of the lease and read every word of it before you sign it. If you are not sure what a clause means, make an appointment to see me at ASLRC and get an explanation. If there are clauses that you object to, be prepared to comply with them or to object in advance and to draw a line through that sentence and initial and date the changes. 4. Know your rental unit. Never rent a unit that you have not viewed: do not accept any excuses from the landlord regarding why you cannot look at the specific unit you are considering renting. Check out the plumbing. (Yes, flush the toilet and turn on the spigots and note any poor operation.) Look at and fiddle with the refrigerator and stove. Turn lights on and off. See how windows and doors work. Write down any problems and get a written commitment from the landlord to get those problems fixed before you move in. 5. Go over an inventory and condition report with the landlord at the time that you move in. Do not sign it unless you agree with how it reads. Check each item on the report, and add your own written comments on its face if you disagree. If it says that everything is clean and the rug is heavily stained, write "rug in living room heavily stained" on the report. This report will be used by the landlord when you move out as the baseline against which the rental unit will be compared to assess the deductions from your security deposit for cleaning and damages. You must leave the apartment in as clean a condition as you found it. 6. If there are any unfixed or undiscovered problems when you move in or after you move in, write a dated letter to the landlord (with your name, address, phone, and landlord¼s name and address, and the date) detailing the repairs needed and request that the repairs be made without delay. Keep a copy of the letter. If the landlord does not respond quickly, then come in to see me. Some repairs (plumbing, heating, weather proofed roof, doors, windows, cooking, electricity, refrigerator, safe steps) are considered so critical that if they are not done, your landlord has breached the warranty of habitability and you can withhold rent to pay for the repairs yourself after writing your letter to no avail. You will need coaching on how to withhold rent to pay for repairs, so make an appointment with me as soon as you have an unresponsive landlord.