QUESTION 1:. My landlord has just given me notice that the rent is going up. Can he do that?
ANSWER: YES, if you don't have a written lease for a fixed term with no rent adjustments allowed. In other words, if you have a lease for one year and it is the fifth month, and the rent is set at a certain amount for the full year period, then the rent can't be changed. However, if you are on a month-to-month tenancy, the rent can be increased on 30 days written notice.
QUESTION 2:. My shower is broken and my landlord never gets around to fixing it. Can I refuse to pay my rent until it gets fixed?
ANSWER: MAYBE, but you will probably wind up defending an unlawful detainer suit (eviction). The best way to handle this is to give the landlord written notice of the broken shower and include the fact that if they don't fix it within a reasonable time, such as 3 days, you will call in a plumber, and have it fixed at their expense. If they don't fix it within that time, then go ahead and get your plumber in to fix it, pay the plumber, and deduct that amount from your next rent payment and include a receipt for the plumber's bill with your rent. Tell the landlord when you have it fixed so they wont also send out a plumber. NOTE: This will work for things that effect the habitability of the unit but not cosmetic items.
QUESTION 3: My landlord will not allow pets. Can he stop me if I get a cat?
ANSWER: YES. Pets can be far more destructive than people. Carpets get soiled clear thru to the padding and require complete replacement; drapes/curtains can get shredded; doors can be ruined by an animal constantly clawing to get in or out. The list is endless. The landlord has every right to prohibit the presence of pets in the rental unit since it can substantially effect the amount of repairs and cleaning when you move out and the pet may bother the neighbors who have the right of quiet and peaceful enjoyment of their premises. If your landlord permits pets, you may expect a substantial cleaning/security deposit for the damage the pet may cause to the premises.
QUESTION 4: I have just received a 3-day notice to pay rent or quit. What is the longest I can stay before I have to move out.
ANSWER: IT DEPENDS. Normally, the landlord can file an action in court to have you evicted (Unlawful Detainer Action) as soon as the 3-day notice expires and you don't pay the rent. Then, the Summons and Complaint have to be served on you. After that, you have 5 days to file your Answer to the Complaint or the landlord will take your default. After that, the landlord has to go to court and put on the case and get an order that the landlord is entitled to possession. The Marshal's office will then serve you with a Writ of Possession and normally, come back in 5 days to put you out on the street if you haven't vacated by then. This whole procedure can take from 20 to 40 days on average. Some less congested courts may be a little faster. By the way, you will still owe all of the rent for the time you stay in the rental unit, plus court costs, and Marshall fees.
QUESTION 5: I am going to be moving out soon. Can I use my security deposit as my last month's rent?
ANSWER: NO. First, a reminder. If you are on a month-to-month tenancy, be sure to give your landlord 30 days advance notice of your leaving, in writing. If you fail to do so, you may have to pay for the 30-day period you failed to give notice. A security deposit is not the same as a deposit for the last month's rent which is required by some landlords. A security deposit is for the cost of repairs for excessive wear and tear or damage caused by the tenant or the failure of the tenant to pay certain rents. Any unused portion must be returned promptly to the tenant after they vacate the unit.
QUESTION 6: My ex-landlord held back part of my security deposit because I didn't clean it enough. Can he do that?
ANSWER: YES. The normal requirement is to return the unit in a clean and neat condition as when you moved in. If you fail to do that, the landlord will probably hire a professional cleaning service to clean it at your expense.
QUESTION 7. Is there any difference between renting and leasing an apartment?
ANSWER: Renting usually refers to a month-to-month arrangement. It can, and should be in writing. The entire agreement lasts only one month and is renewed each month on the same terms and conditions unless one side notifies the other of a change. You could move out at any time on 30 days advance notice, the rent can be changed on 30 days advance notice, or any other term can be changed on 30 days advance notice. A lease is usually for a fixed term such as for one year or longer. If the term is for one year or longer, it must be in writing. No terms can be changed during the term of the lease without the consent of both sides.
QUESTION 8:. What is better for me, a lease or month-to-month rental?
ANSWER: IT DEPENDS. A month-to-month rental provides the maximum flexibility for both sides and it provides the least security for each side. The rent can be increased or you can be kicked out to make room for the landlord's nephew to move in. The lease provides more security, but very little flexibility. What if your job transfers you to another state? You have to examine your own needs and proceed with the plan that best suits them. Remember, a lease for 3 years at $1,000 per month is really a promissory note for $36,000, that you pay monthly. Even if you move out, you are liable for the rent until the landlord locates a new tenant to take your place.