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How to Be Protected when Renting Property Print E-mail

Depending upon the state you are renting in, your rights as a renter will vary. Each state may have different laws regarding renters’ rights and landlords’ rights. Since laws regarding landlord and tenant agreements vary from state to state,
visit Nolo for a list of statutes by state.

 

Nonetheless, there are general circumstances in renting that it pays to be aware of.
Use these as a general guide, and then follow up on the laws for the state you are renting in.

 

Understand Your Lease or Rental Agreement Before You Sign It

 

While many landlords and tenants may operate on the basis of an oral agreement,
 this arrangement will not be valid in court, should a conflict arise in the future.
You want to rent with a lease or a rental agreement on paper, for your protection. 

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A rental agreement is an agreement for a short amount of time – often a month to month rental arrangement. 
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A lease is an agreement between tenant and landlord, usually for one year.

 
Make sure you completely understand the terms of your lease or rental agreement before signing it.
Here are some aspects of the lease or rental agreement to keep in mind: 

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Note payment arrangements and when rent is due. 

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Note what repairs the landlord is responsible for. Ideally, the landlord should be responsible for all repairs,
but some apartments may require tenants to make small repairs. Be clear about what you are agreeing
to, up front. 

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Note provisions or penalties for breaking the agreement, and be sure you understand these.


For more on rental leases, visit: http://www.rentersresource.com/houston-apartment-rental-pages/understanding-your-rental-lease-agreement.php.

 

For examples of lease agreements (including month-to-month agreements), see: www.legalagreements.com.

 

Beware of Rental Fraud

 

Rental fraud involving foreclosed homes appeared on the increase, as the number of homes in
foreclosure has increased dramatically in the U.S. Rental fraud occurs when a third party occupies
a vacant or foreclosed house, changes the locks, and advertises the house for rent. The third party
 might demand a deposit, the first month’s rent, and the last month’s rent. Once the money is
collected, the third party disappears.

 

Things to watch out for in rental transactions that might indicate rental fraud include: 

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Utilities are in an unknown third party’s name 
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Legal notices posted on the property, which the fake landlord tells you to disregard 
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Your “landlord” does not give you a receipt


Other ways to guard against being the victim of rental fraud include: 

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Visit the county recorder’s office, and see if the property has a notice of default
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Question whether a rental deal appears to be too good or too cheap to be true, given market rents in that particular area. 
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Visit the county assessor’s office and verify who owns the property – you should be dealing with that person and not an unknown third party.  
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Find out – by questioning neighbors – if the property has been vacant and for how long. 
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Ask for evidence if the party you are dealing with insists they are an official representative for the actual owner of the property.

For more information about rental fraud, check out: http://www.lasd.org/sites/CCB_Internet/TriFolds/Real_Estate%20Fraud_Victim_Guide.pdf

 

Or, read these articles on rental fraud:

http://www.criminalfraud.com/tip.php?article=4  http://www.philly.com/philly/classifieds/real_estate/rent/CTW_realestate_20080826_How_to_Protect_Yourself_as_a_Renter.html.

 

 

Walk Through Your Apartment Prior to Moving In

 

Your new rental should be in good shape prior to moving in. Before taking occupancy: 

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Walk through your apartment (the actual space you will be renting rather than a model). 
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Note and list any repairs needed. Make a list for your landlord and keep a copy for yourself. 
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Take a photo inventory of repairs needed prior to moving in. This serves as proof that you did not cause the damage. Look for anything from chipped walls to leaks to broken appliances. 
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Ask the landlord to change the locks before moving in, and find out who has copies of the keys.

 

Purchase Rental Insurance to Protect Your Belongings

 

It is a good idea to purchase rental insurance. Your possessions may total more in value than you might imagine.

 

Renters’ insurance may protect you from: 

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Property damage 
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Theft 
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Fire

 

The details of your renters’ insurance policy will vary depending upon the coverage you purchase. See this article at MSN for a good summary of what this insurance includes, and factors you may want to consider regarding rental insurance.

 

 

Additional Resources 

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apartments.com Web site: http://living.apartments.com/landlords-leases/renters-legal-rights/2 
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United States Department of Justice: http://www.usdoj.gov/crt/housing/title8.php

Nolo Web site: http://www.nolo.com/article.cfm/objectId/9D0AF7E5-23A0-4158-AEF129C7238816E4/213/178/187/CHK
 
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