APARTMENTS

Must a lease be written to be enforceable?

• No, unless the lease is for longer than one year.

What are the advantages to having a written lease?

• You will have a better idea of all of your rights and obligations.

• You will have protection against dishonesty.

• You will have protection against poor memories.

What are the disadvantages of a written lease?

• Printed form leases usually favor the landlord.

• The lease could change some of the rules that would otherwise favor the tenant.

What is a security deposit? How much money is it usually? What is it used for?

• It is an amount of money (often equal to one month’s rent, but it can be any amount) which the landlord holds as security against property damages, unclean conditions, and unpaid rent. A written lease usually outlines the way a security deposit will be handled and what a tenant should do to have it returned.

Do I earn interest on a security deposit?

• If the security deposit is greater than one month’s rent, then you can earn interest.

In a monthly lease, can I end the lease by just leaving at the end of a month?

• No. You must give at least 30 days notice before the end of a rental period.

If I sign a lease with three friends, and they move out, do I have to pay the full rent or only my 1/4 share?

• It depends on what the lease says.

• You will probably have to pay the full rent. You would then

If I break a lease, what amount can I be sued for?

• You can probably be sued for all unpaid rent to the end of the lease (unless the landlord is able to re-rent sooner), for any physical damage, including unusual cleaning expenses, for advertising expenses, for other costs of re-renting the apartment, and perhaps for the landlord’s attorney fees.

Should I have renter’s insurance?

• Yes. The landlord’s insurance will cover only the building, not your possessions. In case of such things as a fire or a flood, renter’s insurance will cover damage to your possessions. Also, it will cover you for your potential liability, such as if your dog bites someone. Renter’s insurance is relatively inexpensive.

What are my obligations as a tenant?

• Under the law, a tenant must comply with the standards of all housing laws which materially affect health and safety; refrain from damaging the rental premises and keep the premises in a fit and habitable condition; keep the premises safe and sanitary; keep plumbing fixtures in the dwelling unit as clean as their condition permits; dispose of all garbage in a safe and sanitary manner; operate all electrical and plumbing fixtures properly; maintain in good order all appliances provided by the landlord when the rental contract calls for it; cause no disturbance to his or her neighbors; allow the landlord reasonable access (upon 24 hours notice) to the premises to do such things as inspect, make repairs, deliver large parcels, or show the property to prospective buyers or renters.

How does a landlord terminate a tenancy for non-payment of rent?

• If you do not pay the rent when due, a landlord may give you a notice that you might be evicted—that is, actually removed from your apartment. The landlord must give you at least 3 days notice before starting eviction proceedings. The three-day notice allows you to pay the rent due and continue to live on the premises. You may not be evicted without a court order.

What can I do if a landlord refuses to make repairs to the premises?

• The landlord’s general duty is to keep the premises in a fit and habitable condition. But if the cost of repair is minor in relation to the rent, it may be your responsibility to fix the problem. Building code violations can be reported to your local building inspector without fear of being evicted. When conditions are so bad as to make the premises “uninhabitable,” you should consult an attorney about possible claims against the landlord and whether you can move out and avoid further rent. The attorney can also advise whether you may be able to pay your rent into court—and the court will decide if the landlord will receive the money. If you cannot afford an attorney, you may qualify for representation by Legal Aid; their phone number is 241-9400. In the City of Cincinnati, the phone number for the Building Inspector is 352-3275; in Hamilton County, 946-4550.

Under what circumstances can a landlord enter my premises? 

• With permission, a landlord may enter your premises at reasonable times to inspect, make repairs, deliver large parcels, or show the premises to prospective tenants. The landlord may enter in unusual situations to preserve or protect the premises. Any other entry may be a trespass.

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