Monday, April 27, 2009

Negotiating with Your Landlord

After Damage Occurs It’s the worst thing that can happen when you’re living in an apartment: the landlord — the person you pay for shelter — is responsible for damage to your possessions. Maybe the management is at fault for a burst pipe, or perhaps for a fire. If you don’t have renter’s insurance, it may seem as if you’re stuck between a rock and a hard place.
But you do have an option: you can negotiate with your landlord to cover part or all of the damages. Janet Portman, the author of Every Tenant’s Legal Guide, says that landlords have a legal responsibility to compensate tenants for damage that is the apartment management’s fault. It’s just a matter of asking your landlord.
Ruth E. Thaler-Carter dealt with such a situation first hand in an apartment in Baltimore, Maryland: her landlord had arranged to have a microwave installed, but the maintenance man botched the job. The microwave fell, breaking a number of items sitting on the kitchen cabinet. “It was a huge mess as well as a terrible fright — it really made a loud noise as it all went flying! As soon as I caught my breath and calmed down, I took a photo of the mess. Then, I called the front desk and had the doorman come down to see the damage, since this occurred after 5 p.m.”
Ruth made sure that the doorman could corroborate her claim, as well as documenting the damage herself with a written list of damaged items and photographs. She even made an estimate of the amount she would need to replace everything. When she took her claim to the apartment manager, she was able to get $250.
If you find yourself in a similar situation, try to follow Ruth’s example. If you can provide documentation of the problem, you will have a much easier time convincing your landlord to cover the damages. You should also go in with a clear idea of what you want: a specific dollar amount, perhaps, or a discount on your rent.
If your landlord is unwilling to compensate you for damages, you have a few options — moving out, small claims court — although they may be too extreme in all situations. You should also remember that your landlord has no obligation to cover damages that were not his fault. Problems stemming from the actions of other tenants or outside individuals will be very difficult to get reparation for if you do not have renter’s insurance.
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Monday, April 20, 2009

Is Your Rent Control Landlord Trying to Force You Out?

As a general rule, landlords aren’t exactly in favor of rent controls. There are plenty of tactics they use to work around rent controls, including trying to force out current tenants so that the landlord can adjust the rent to market rates, thereby leasing to higher-paying renters.
If you feel that your landlord might be trying such a scheme on you, you need to learn your rights in the matter.
Your rights as a renter are different depending on which state you live in. The OhMyApartment Renter’s Resources page is divided by state, giving you links to information on your rights in each state.
You also need to recognize warning signs that your landlord is encouraging to you to move out, aside from obvious threats and coercion. Some landlords employ subtle techniques, but just because they are quiet about it doesn’t mean that you can’t protect yourself.
Darren Stern, a landlord who owned many rental properties through California-based Landmark Equity Management Inc., tried to convince tenants in rent-controlled properties to move out. He refused to make repairs to the point of criminal negligence, lied to tenants and illegally raised rents. Stern used a number of tactics against his tenants for over six years. It took tenants who knew their rights to bring his actions to the attention of the San Fernando Valley city attorney, who finally brought Stern to justice.
If you’re facing unfair eviction from a rent-controlled apartment–or even some form of coercion to convince you to leave on your own–it may be hard to prove. Do your best to document any instances of coercion or threats; even something as simple as writing down dates can be helpful in the long run. Furthermore, you can insist that your landlord do things by the books if he’s actually trying to evict you.
Some unscrupulous landlords might inform you that you’re being evicted, but skip the paperwork. In areas with rent-controlled housing, like New York City, a landlord must complete a specific form before carrying out an eviction on a rent-controlled apartment. In NYC, the form is called an “Owner’s Application for Order Granting Approval to Refuse Renewal of Lease and/or to Proceed for Eviction for Owner Occupancy.” Even if it’s granted, your landlord will need to go to court to evict you, giving you the opportunity to prove that it is an unfair eviction.
Just remember that as a tenant, you have rights.
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Monday, April 6, 2009

Renting a House

© Wendy Waid Dec 16, 2001

Although my topic area focuses mainly on apartment and small unit rentals, most renters find they want a larger place to rent. There is nothing nicer than having a large house all to yourself without the massive down payment and 30-year commitment to worry about. And you still have the flexibility to move out at the end of the lease and find something different. If you have never rented a house, duplex, or condo before, you will find this article particularly helpful. Why Rent a House? If you’re like most renters, you will have almost every nook and cranny of your small apartment cluttered with knick-knacks, collectibles, boxes, and piles of magazines. For these packrats, it appears the apartment keeps getting smaller every year. Eventually, you’re forced to either get rid of all your stuff or find a bigger place. Houses, condos, and duplexes usually have extra storage closets, maybe a garage, and often several rooms. Perfect for all your treasured valuables.
Or, perhaps you are not a packrat but have a large family. A small apartment is not very comfortable for a large family. People like to have a little space. A house or duplex usually have several bedrooms and bathrooms and plenty of space for everyone. Often these larger properties have yards where the kids will love to play.
Or, maybe you have some pets. Most apartment complexes are not friendly to pets, especially to larger dogs or large collections of animals. Finding a private house might be just what you need.
Is Renting a House For You? Renting a house is not cheap. Usually the rent is a lot higher than an apartment. In some cities, renting a house is about the same as renting a townhouse. Of course, this depends entirely upon the location of the property, the landlord, and how eager the landlord is to rent it out. If the landlord hasn’t been able to rent for the past few months, the price is going to come down. However, if the property is in a popular location, the rent is going to rise.
Like most other units of rental, renting a house will most likely require a year-long lease (or maybe even a 16-month lease). If your income might decrease within that timeframe, being locked into a high monthly rental amount might not be a good idea. Most landlords will check your credit and income to be sure you will be able to afford the lease, just in case.
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