Laurel Legal Services, Inc.

LANDLORDS AND TENANTS

LEASES

Landlords can rent or not rent to any prospective tenant or tenants based on any criteria they choose except illegal ones. Landlords can refuse to rent to smokers or convicted criminals or unmarried couples. Landlords cannot refuse to rent solely because of race, color, religion, national origin, gender, age, disability or being pregnant/ having children. A lease can be written or oral and for any period of time.

RIGHTS TO DECENT HOME

Landlords must keep the rental property in decent condition. There is an implied warranty of habitability which applies in all cases where someone is renting a place to live. It applies whether there is a written lease or not and cannot be waived. The landlord does not have to provide a perfect place, only one that is not a threat to health and safety.

What to do if the residence needs repairs:

1-  Notify the landlord of the problem in writing and ask to have the problem fixed.

2-  Give the landlord a reasonable amount of time to fix the problem. What is reasonable depends on the circumstances. No heat in winter requires immediate repairs but a leaking ceiling will require more time to repair.

3-  Collect evidence to help your case. Take photos, get estimates, and show the problem to witnesses.

What to do if the repairs are not made:

1-  Move. Give written notice to the landlord with your moving date and new address and a statement that the reason for moving is the failure to repair the problems.

2-  Withhold rent. Reduce the amount you pay based on how bad the problem is. Make sure you save the difference between your regularly monthly payment and the amount you are going to pay so that you can pay the full amount if a judge decides the problems are not as bad as you think they are.

3-  Repair the problem and deduct the cost of the repair from rent. Make sure you get signed receipts.

4-  Sue the landlord at the Magisterial District Justice office for back rent and damages that you have suffered as a result of the problem. Damages can include doctor bills and cost to replace ruined furniture, appliances, carpeting and clothing.

5-  Get a court order requiring the landlord to make the repairs.

Be aware that if the lease is month-to-month or expires in a short amount of time, the landlord may choose to evict you rather than make repairs.

SECURITY DEPOSITS

Amounts

Landlords may require a deposit of money so they have funds to repair damage caused by tenants during their residency in the home. The landlord may only require the deposit of up to two months’ rent for the first year of the lease. During the second year of the lease, the landlord may only require one month’s rent as security deposit.

Interest

If the tenant resides in the home for more than two years, the landlord must hold the security deposit at interest. That means that the amount of the security deposit will grow by the rate of interest each month and all the money, principal and interest, must be returned to the tenant at the end of the lease or can be used for the repair of the residence for damage caused by the tenant.

Return of deposit

Once a tenant has moved from the residence, the landlord must give the former tenant a written account of any damage to the premises, to which the security deposit is being applied, within 30 days of tenant’s return of the keys and possession of the home to the landlord. If the landlord does not give an accounting and the former tenant has given written notice of his or her new address, the landlord cannot use the security deposit for repairs and will be liable to the tenant for twice the amount of the security deposit if the tenant sues for the return of the deposit at the office of the magisterial district justice.

LANDLORD’S ENTRY INTO THE HOME

Landlords cannot enter into the rental unit unless:

1.   They reserve the right to enter for purposes of inspection in a written lease. The provision should require some notice such as 24-hours.

2.   They have permission of the tenant.

3.   There is an emergency that requires immediate attention such as a gas leak or a fire.

4.   They are exhibiting the premises to a prospective tenant at the end of a lease.

EVICTION

Reasons a landlord can evict a tenant:

1.   Tenant does not pay rent

2.   Tenant does not live up to one or more of the provisions of the lease. One of the provisions most used by landlords to evict is the provision for quiet enjoyment. If tenant’s behavior disturbs other tenant’s quiet enjoyment of their premises, the landlord can evict the tenant whose behavior is disturbing others. Does this mean the landlord can evict if police are called to tenant’s residence? Not if the tenant is a victim of domestic violence and probably not if this is the only occurrence of the police being called.

3.   The lease is expiring and the landlord will not renew the lease.

4.   There is no lease and the landlord wants the tenant out of the residence.

Reasons a landlord cannot use to evict a tenant:

1.   Solely because of race, color, religion, national origin, gender or being over the age of 40 years.

2.   Solely because they are pregnant or have minor children.

3.   Solely because they are disabled and require a service animal.

4.   Solely because they exercised legal rights such as complained to housing code officials.

A landlord must use a court procedure to force a tenant to move if the tenant does not leave voluntarily. Landlords must give written notice, must file a complaint at the office of the Magisterial District Justice and must get an Order of Possession before the tenant must move.

A landlord cannot evict through use of self-help methods such as changing the locks, padlocking doors, or turning off utilities. If a landlord tries to use one of these methods, the landlord could be forced to undo the changes and allow the tenant into the residence.

Landlords cannot limit visitors to the premises, but tenants will be responsible for all actions of their guests.

Landlords must allow reasonable accommodations for persons with a disability. Items such as grab bars in bathrooms and ramps for entrances are examples of reasonable accommodations. Any changes to the premises must be paid for by the tenant and removed when the tenant leaves, if the landlord requests that the premises be restored to pre-tenancy condition.

Tenant insurance is a wise investment for all tenants. Landlords are not responsible for damage to personal property in a residence unless directly a result of the landlord’s action of failure to repair problems with the premises. Losses from natural disasters, theft, fire damage, and vandalism can be covered by insurance.

TIME LINES FOR EVICTIONS