Renting an Apartment: Ten Things You Should Know

Renting your home is an odd mix of personal and business considerations—personal for you and business for the landlord. Before choosing a place and signing a lease, you should know some of what your landlord knows.

1. New paint is not a constitutional right. Landlords don’t have to repaint before you move in (except in New York City, and there it’s required only every three years).

2. Everybody’s memory fades, even yours. Get your rental deal in writing, including the rent, deposits, and other key terms of the deal. If the landlord agreed to fumigate the closet, put it in the lease.

3. “But I’m sure you said . . . .” If you don’t put your agreement in writing, but agree orally, you’re still bound to the deal for up to one year. It’s just going to be harder to convince someone—like a judge or jury—that your version is the true one.

4. Think again about those tap dancing lessons. One man’s ceiling is another man’s floor. If you’re an inconsiderate neighbor, your landlord has legal grounds to kick you out.

5. Don’t end up paying for damage that was already there. Walk through the rental with the landlord, a clipboard, and a digital camera that will date-stamp its pictures and document the condition of the place. Ask the landlord to sign off on your notes (if he won’t, at least you have pictures).

6. Hospitality is golden—but not to your landlord. A long-term guest looks like an unauthorized occupant to a landlord— and it’s grounds for terminating your tenancy. When your guest starts receiving mail at your place, it’s time to notify the landlord and ask to add your new roomie to the lease.

7. Taste does not matter. No matter how much you hate your heliotrope bedroom, never repaint without the landlord’s consent. You could end up paying a painter to reapply that lovely hue.

8. Hold your fire. Don’t withhold the rent when your landlord refuses to make repairs unless you’re sure your state allows it and you’re doing it for a big-deal problem.

9. Get renters’ insurance. Your landlord’s property insurance won’t cover your belongings if they’re lost in a fire or burglary, or damaged by that overflowing bathtub upstairs.

10. When you must break a lease. In most states you’re not automatically responsible for the remaining rent under the lease. The landlord has to take reasonable steps to rerent and credit what you owe with the new tenant’s rent. This also means that he can’t just pocket the entire security deposit as a penalty for leaving early.

The article was excerpted from Nolo's Little Legal Companion. You can get a free copy by signing up for one of Nolo's Legal Newsletters.