Apartment Laws

All states have laws governing the specific rights and responsibilities of tenants, roommates, and landlords.  Knowing the laws in the state you will be living is an important thing to look into prior to actually securing an apartment.   Another important thing to keep in mind is that you will need to have renters insurance to protect your belongings and your liability.  Many landlords require tenants to purchase rental insurance when they sign their lease.

Breaking an Apartment Lease Agreement

A lease is a legally binding contract between you and your landlord and if you break your least, this is known as a breach of contract.  There are many different reasons why a tenant may wish to break their lease, which include:

• Job transfers
• Change in marital or family status
• Health issues
• Change in financial status and wish to upsize or downsize

If you need to break your lease, the main goal is to avoid a penalty from your landlord.  Once you notify them of your intent to move, both you and the landlord must make good faith efforts to find a new tenant.

Security Deposits Disputes

A security deposit is money given to the landlord in order to provide protection for damage to the rental property.  However, if you are guilty of non-payment of rent, the landlord may keep your security deposit and file an unlawful detainer.  You may be served with a summons and complaint, which will outlines the cause of action against you as the defendant.

Dispute with Apartment Maintenance Issues

If your landlord has failed to respond to repeated requests for repairs, you may want to do one of the following:

• Have a local building inspector determine if the unrepaired problems certify your apartment “uninhabitable”.
• Contact an attorney for information about breaking your lease.
• Withhold rent until the repairs are made.
• Find out if your landlord is guilty of negligence if the condition of the apartment is dangers to your health or well-being.

Getting Help from a Lawyer

There are many different ways how a lawyer is helpful when renting an apartment.  They can offer assistance if you are either a tenant or a landlord that may need legal advice when facing a dispute.  A real estate attorney can help you understand your rights and responsibilities and help address problems before they get out of hand.