Whether you are renting an apartment as a tenant or renting one out as a landlord, it's important to understand the laws that apply to the process. Apartment renting laws are designed to protect the interests of both the landlord and the tenant. While state laws regarding apartments differ in their details, most follow similar guidelines and regulations. Check with your state housing department for the specifics in you area.
Raising the Rent
Generally, landlords are allowed to raise a tenant's rent once every twelve months. They're also allowed to raise the rent an additional specified amount for utilities if those costs are paid by the landlord. If any additional tenants move into the apartment, a landlord is allowed to raise the rent -- often by 10%. When the property has received improvements, a landlord also may be able to increase the rent a reasonable amount.
Security Deposits
Most apartment leases require an upfront security deposit. The deposit is usually equivalent to one month's rent. The landlord is required to return the security deposit by the end of the lease or within a reasonable time after the lease has expired and the tenant has moved out. The law states that a landlord can only use the security deposit as reimbursement for repairs. Landlords are responsible for treating deposits as funds belonging to the tenants and are not allowed to mix that money into their own bank accounts.
Lead Paint
A landlord must protect tenants against lead-based paint in their apartment. Landlords are required to cover or remove any lead paint. They also must give tenants a pamphlet created by the Environmental Protection Agency that warns about the hazards of lead-based paint, and a disclosure form stating what they know about lead paint in the building.
Eviction
Landlords can move to evict tenants for violating the terms of their lease -- such as by failing to pay rent, keeping a pet against the rules, or letting more people live in the apartment than are allowed under the rental agreement. To evict a tenant, however, the landlord can't simply change the locks or move the tenant's belongings out to the curb. The landlord must file a petition in court and request a hearing. The tenant must be served the petition and given an opportunity to respond. If the court ultimately rules in the landlord's favor, the tenant will be ordered out of the apartment by the sheriff.
Tenant Rights
Tenants can file a complaint with their local housing department if the landlord has not complied with any required ordinances.
