Security Deposits
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Landlords can keep deposits for actual damages (not for normal wear and tear0, unpaid rent, or lost rent resulting from a tenant moving out without adequate notice.
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Tenants CANNOT use the security deposit to pay the last month’s rent.
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Landlords have 30 days to return security deposits.
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Landlords must provide an itemized list of damages for which any portion of the deposit security deposit which is withheld.
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If the deposit is wrongfully withheld, the tenant may sue to recover up to twice the amount wrongfully withheld.
Repairs
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If repairs are not made after the tenant has made a request and waited a reasonable time, tenants should make a written request for the repairs, retain a copy and send the request to the landlord.
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If repairs are not made after a written request and a reasonable wait, the tenant can seek legal assistance.
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If the dwelling becomes unsafe due to disrepair, tenant should contact local health and housing authorities.
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If the tenant attempts to withhold rent until repairs are completed, the renter may be in violation of the lease and subject to eviction.
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The tenant can make repairs and deduct them from their rent if they have lived in the property for at least six months, have paid all the rent owed, is not in violation of the lease, has notified the landlord of the problems and has allowed at least 14 days for the landlord to respond, and received verification from the city inspector that the problem violates city code if the landlord disputes the need for repair.
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If the tenant proceeds with making repairs themselves according to the above conditions, they should verify the cost of repairs by saving receipts, the repair should cost less than $300 or one-half of one month’s rent (whichever is great and does not exceed one month’s rent.)
Eviction
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Landlords can begin the eviction process if the tenant:
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Damages the property
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Fails to pay rent
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Violates the terms of the lease
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Injures the landlord or another tenant
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Allows drug-related criminal activity on the premises
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Fails to vacate at the end of the lease term.
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Landlords cannot evict a tenant without a court order.
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Tenants must receive notice that an eviction lawsuit has been filed.
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Landlords will have the opportunity to be heard in court before eviction.
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County courts can order the quick removal of tenants involved in criminal activity, even without a conviction.
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Landlords can remove abandoned personal items once they have complied with notice requirements.
Discrimination
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Landlords cannot refuse to see, rent, sublease or otherwise make housing unavailable based on a renters:
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Race
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Color
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Religion
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Gender
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Disability
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Familiar status
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National origin
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Landlords cannot:
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Charge individuals different rates as a form of discrimination.
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Falsely state that housing is not available.
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Advertise that there is an intention to discriminate.
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Subleasing
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A tenant may lease out his or her unit to another person who moves in and pays all or a part of the rent.
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The tenant is still responsible to the landowner for the original lease.
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The tenant can be held responsible for problems created by the new tenant.
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The tenant must get approval from the landlord before subleasing property.
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A tenant’s lease can be cancelled with a landlord’s approval.
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A tenant must have a written agreement when subleasing or canceling a lease.
Information obtained from Student Senate External Affairs
Committee pamphlet:
Renter's
Rights & Responsibilities
back to The Ten Steps
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