As we covered in a previous blog, tenant rights are non-negotiable. Every tenant should be aware of their rights, especially when it comes to moving in and out of a rental property. Being aware of tenant rights keeps the tenant informed on what to expect at move-in and move-out procedures.
Moving In:
Before move-in you should review the lease agreement and scan for any important information that you may not be aware of. Look for terms like the move-in date, rent amount and due dates, security deposit amount, maintenance responsibilities, as well as pet policies, parking, and utilities. Before you are in the property you would also ask the landlord for any required disclosures, like lead paint or utility responsibilities. With utilities, if they are the tenant’s responsibility then ensure that the utilities are switched to the tenants name before move-in.
Be aware that before move-in your landlord will ask for information from you for screening, be aware that they can ask for your credit history, rental history, and your criminal background. Landlords are not supposed to ask for excessive fees more than 3x your rent, they are not allowed to share your personal information or discriminate against you.
At move-in, as much as you would like to set your stuff down and take a seat, there is still more to do. There should always be an inspection before moving your belongings onto the property, this is to ensure the condition of the property while also protecting yourself from wrongful claims. Taking dated photos and videos of every room and appliance and taking note of existing damage will further protect you. Record what keys and fobs have been given to you and the amount, confirm that all locks and security devices are functional.
Moving Out:
Before you move out, if it is before the date agreed on in the lease, make sure you provide proper written notice at least 30 days prior to your intended move-out date. Consequences of failing to provide proper notice include being responsible for rent until the date designated in the lease, even if you have moved out already.
Landlords must provide proper notice of evictions and move-outs, typically either 30 or 60 days. * Please refer to your lease.
Most landlords expect the tenant to leave the property cleaned, with no trash or belongings left behind. Discuss with your landlord if they require a professional cleaning to be done. To avoid liability, address minor repairs and compare the condition of the property to how it was presented at your move-in. Any damages outside of normal wear and tear may be taken out of your security deposit. Review our previous blog on Normal Wear and Tear vs. Tenant Damage, for a better idea on what includes chargeable damages. Any deductions to the deposit are legally required to be reported in an itemized receipt to the tenant, provided by the landlord.
Security deposits should be processed within 30 days to be fully processed of move out. Deposit deductions can be negotiable depending on the conditions the landlord provides. If you feel that your landlord has not provided proper reporting of your security deposit, seek legal advice.
There are special conditions that may affect the move-out process. In proper cases, a landlord will not break a lease without proper notice. In special cases like military service, unsafe conditions, or a breach in landlord conduct, a lease may be broken without proper notice. If a tenant finds that their landlord is unprofessional and does not follow tenant rights, you are allowed to report them and/or seek legal representation. Landlords are legally not allowed to retaliate against a tenant, previous or current, for their complaint.
Remember that even as a tenant, you have rights that are legally defendable. All tenants have rights at move-in and move-out. At move-in they have the right to a habitable property, right to required disclosures, right to Fair Housing protections, right to receive and review a lease, a right to document property condition, and a right to privacy. At move-out tenants have the right to proper notice of move-out, fair security deposit processes, normal wear and tear protections, right to non-retaliation, as well as a right to dispute any charges. Tenant rights are non-negotiable and should always be respected, understanding your rights puts you in the best position to protect yourself.
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