Renter's FAQ
Questions About Your Lease
Can I get a copy of my lease?
A landlord is required to provide a copy of the executed lease to the tenant at the time of signing. A tenant may request another copy but may be charged a reasonable fee by the landlord for providing additional copies.
Can the manager or management company enter my apartment when I'm not at home?
The landlord may enter the dwelling unit without the consent of the tenant in case of emergency, e.g. water intrusion or fire. Except in emergencies, the landlord is to provide at least 24 hours' notice of intent to enter and may only enter at reasonable times during normal business hours.
Who covers the cost of damages to my property if I'm robbed, or there is a fire or other accident?
Generally, tenants are required to have Renter's Insurance for these types of damages.
Questions About Rent
What happens if I don't pay the rent?
The landlord will proceed with an Unlawful Detainer action to have the tenant evicted from the premises and may be entitled to recover fees and costs for the proceedings.
Can I be locked out of my apartment for non-payment of rent?
The landlord must follow the Unlawful Detainer procedure designated by statute to be able to lock out a tenant. The lock out is performed by the Constable, pursuant to the Court's order, not by the landlord.
Questions About Repairs
Can I stop paying rent until a repair is made?
Under normal circumstances, no. If the damages rise to the level of becoming a "habitability" issue, the tenant must provide the landlord written notice detailing the landlord's failure to maintain the unit in a habitable condition and request that the landlord remedy the failure. If the landlord fails to remedy a material failure within 14 days of receiving the notice, the tenant can withhold rent until the failure is cured by the landlord. However, tenants must be aware that pursuant to statute, the tenant does not have a defense to an eviction for non-payment of rent unless the tenant has deposited the withheld rent into an escrow account maintained or approved by the court.
What can I do if the dwelling owner will not make a repair?
See answer to above question. However, if the landlord adequately remedies the failure following notice or makes his best efforts to remedy the failure, the tenant may not proceed under this section. If the landlord fails to remedy a material failure to maintain the dwelling unit in a habitable condition or to make a reasonable effort to do so within the prescribed time, the tenant's remedies, including depositing the rent into an escrow account until the repairs are made as described above, are (a) to terminate the rental agreement immediately, (b) to recover actual damages, (c) to apply to the court for such relief as the court deems proper under the circumstances.
Questions About Security Deposits
How can I get my security deposit refund?
Upon termination of tenancy by either party, a security deposit will be refunded pursuant to state statute.
When should I receive my security deposit refund?
The landlord must return the remaining portion of the security deposit to the tenant within 30 days after the termination of the tenancy.
What can be deducted from my security deposit?
The landlord may charge for any default of the tenant in payment of rent, the damages to the premises that are caused by the tenant beyond normal wear, and the reasonable costs of cleaning the premises.
What should I do if I disagree with deductions made from my security deposit?
A tenant may contact the landlord to dispute the deductions both verbally and in writing.
Early Move-Out / Breaking A Lease
I'm buying a house. Can I get out of my lease?
No, unless stated otherwise in the lease agreement.
My company is transferring me to another city. Can I get out of my lease?
No, unless stated otherwise in the lease agreement.
I don't think the property is maintained well. Can I get out of my lease?
No, unless stated otherwise in the lease agreement.
I don't feel safe at the property anymore. Can I get out of my lease?
No, unless stated otherwise in the lease agreement.
I'm in the military, and I'm being transferred or deployed. Can I get out of my lease?
Yes, under the condition that the landlord is provided with the transfer or deployment orders.
Questions About Evictions
How much notice must I receive to be evicted?
A 5 Day Notice of Non-Payment of Rent is provided to the tenant when rent is not timely received by the landlord; that is, a tenant has 5 days to pay rent, vacate the premises, or respond to the notice.
What happens if I get an eviction notice?
A tenant must either pay rent or provide a legal defense to the notice in the Justice Court that has jurisdiction over your case.
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NSAA would like to thank Karsaz & Associates for supplying these answers. Karsaz & Associates is a law firm who specializes in all aspects of litigation, with an emphasis on transactional advice intended to prevent the time and expense associated with litigation. Karsaz & Associates attorneys take pride in our strong client relationships and in our well-earned reputation for ethically, effectively and economically protecting our clients' interests.
