1.
What about roommates?
Be
careful when choosing roommates. Nothing can ruin an otherwise
enjoyable housing experience more than an incompatible or
irresponsible roommate. No set of rules can be offered for
deciding upon a roommate. Still, it is usually wise to pick a
roommate with a similar lifestyle. This reduces the likelihood
of conflicts between roommates.
Tenants are jointly and
severally bound to the lease. In other words, although both
tenants may have signed a leases, if one tenant breaks the agreement
or fails to pay rent, the other tenant can be evicted or required to
pay the rent in full. Consequently, it is most important to
find a roommate who is responsible. Written roommate
agreements are often helpful in preventing disputes from arising, or
at least in helping to solve those disputes should they still occur.
Even if you do not wish to sign an agreement, you should still
discuss your expectations of your roommate with him or her before
signing the lease.
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2. What
should I do before signing the lease?
Be sure
to fully understand the contract into which you are entering.
Scrutinize the lease and negotiate the terms with which you don't
agree. Remember, it's too late to change the lease after you
have signed it. Ask questions and inquire about provisions in
the law of which you may be uncertain. Don't forget that the
Student Legal Aid Office is always available during our walk-in
hours to help you in understanding your lease.
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3. Is the
lease written or verbal?
Lease agreements in the State of
Maryland can be either written or verbal. The latter can
create uncertainties since it is often difficult to document verbal
agreements when a problem arises. On the other hand, a written
lease assures that you have a right to live in the premises for a
specific period, and that the rent will remain at a stated amount
during the term of the lease. For these reasons, it is usually
preferable to have a written lease. A tenant should be aware
that a lease that runs for a period of over one year must be in
written form. Verbal agreements may be preferable if a renter
wishes to maximize his or her flexibility during tenancy, for
example, by having the ability to vacate with just 30 days written
notice.
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4.
How many people can live in my rental unit?
Students occasionally
choose to live with roommates who may not be recognized by the
landlord. This presents several potential dangers.
Roommates will not receive certain legal protections typically given
to renters. We would strongly advise you not to enter into a
rental situation without including all tenants in the lease, whether
the lease is written or verbal.
A major concern in
the College Park area relates to the limits placed on the number of
tenants allowed in houses. City law does mandate a maximum of
five tenants in a single rented house. However, some tenants
and landlords have shown a willingness to ignore this law due to the
shortage of student housing. One again, this can put the
tenants at a legal risk, especially if the additional tenants are
not included in the lease. By violating this law, you can put
yourself in a situation where you may not have all of the legal
protection designed to assist tenants.
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5.
What should I do if a serious problem of habitability arises?
As a tenant, you have several
possible options when a serious problem occurs. You should
first attempt to remedy the problem by notifying the landlord.
All communication should be written to avoid the potential of later
misunderstandings and to maintain a record of your efforts to have
the problem solved. This is particularly true if you are
forced to vacate, since documentation may be required to show that
every effort to resolve the problem had been taken before resorting
to drastic action. After notification, the landlord has a
"reasonable time" to make the necessary repairs. The
definition of a reasonable time depends on the circumstances of each
case.
In Prince George's County, if this
elicits no response from the landlord about your habitability
problem, you may choose to notify the Community Standards Division
of the Department of Environmental Protection at (301)-883-6100.
If the property is located in College Park, contact College Park
Code Enforcement at (301)-864-8877. The complaint should
include the landlord's name and address as well as the nature of the
violation. An inspector will meet the tenant at the premises
and determine whether a violation of the housing code exists.
If a violation exists, the inspector will issue a violation notice
to the landlord so that the problem will be corrected.
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6.
What if a problem is not remedied promptly?
If a problem is not resolved within
the time specified on the notice of the violation, the inspector may
take further action against the landlord by threatening to take him
to court and/or revoke his license.
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7. Should I
get renter's insurance?
It is often wise to invest in renter's insurance.
Students may want to check to determine if their property is
protected under their parent's homeowners insurance policy.
Often, for a small premium, students can insure their belongings
against theft and damages.
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8. Can I
terminate my lease early?
Generally one can't terminate their lease before
the lease expires, unless the landlord agrees to it. Often
students wish to return home early at the close of the academic year
and sublet their dwelling for the months remaining on the lease.
Be sure to read the provision of the lease relating to subletting.
If there is no such provision you might want to get the landlord to
add it to the lease. If you find the subletting provision to
be overly restrictive, seek advice for ways of changing it.
Please come to the legal aid office for further details.
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9.
What's involved in the eviction process?
To evict a tenant, the landlord must file suit in the
District Court where the rental unit is located. However, the
landlord cannot ask the court to evict a tenant until after the
landlord has sent to the tenant a proper termination notice in
writing.
After documents are filed with the court, a
summons will be sent notifying the tenant of the hearing date.
Tenants have the right, of course, to dispute the landlord's grounds
for eviction and present their own evidence. If the tenant
loses or fails to appear at the hearing, he/she will be held liable
for any court and repossession costs which the landlord might incur,
including attorney's fees.
If the court finds in favor of the landlord, it will
order the tenet to pay costs and may order the sheriff to physically
remove the tenant's possessions from the rental unit. In
addition, an evicted tenant may bear the continuing cost of rent due
on the lease in the event the landlord cannot relet the premise.
If you receive an eviction notice, get legal assistance immediately.
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10.
How do I protect my security deposit?
As a tenant, you have a legal right to receive a
receipt for the security deposit. The receipt, however, could
be a written clause in the lease as opposed to a separate document.
If he landlord fails to provide a receipt, then he/she is liable to
the tenant for the sum of $25.
It is also a good idea to send a letter (return
receipt) to the landlord within 15 days of occupancy requesting an
inspection to develop a written list of existing damages. The
tenant should also consider being present at the walk through of the
apartment with the landlord listing any defects. Have the
landlord sign and date the list as evidence that preexisting damages
were not caused by the tenant and should not be deducted from your
security deposit.
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11. When
should I get my deposit back?
You should receive your deposit within 45 days after
lawful termination of the lease, less any monies rightfully withheld
for damages. Remember that some leases do not terminate at the
end of the year; many leases are self-perpetuating should the tenant
not notify the landlord of his or her intent to terminate the lease.
Notify the landlord by certified mail of the moving
date and your forwarding address. Usually, the landlord
requests notification 30 days before the termination of the lease.
Check your lease to see if your landlord requests a longer period of
time.
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12. How and when is my apartment inspected for damages?
As a tenant, you have the right to be
present when the premises are inspected by the landlord. To do
so, you should send a written request to your landlord by certified
mail 15 days before leaving the rental unit. The landlord is
obligated to respond with the date and time that the inspection will
occur. This can be no more than give days before or five days
after the date that you will be moving.
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13.
What are my rights if the deposit is withheld?
If the security deposit is not fully refunded, an
itemized list of damages must be sent within 45 days of the legal
expiration of the lease, and the landlord must return any part of
the security deposit not withheld If the itemized list and
remaining deposit is not returned within the 45 days, the landlord
forfeits the right to withhold any part of the security deposit for
damages.
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Please come to the legal aid
office for more information on any of the above topics and other
topics not covered.
Undergraduate
Student 
