Avoiding the Landlord from Hell: Tips to Protect Your Rights as a Tenant

Home ownership isn't feasible or even worthwhile for everyone. Therefore, millions of Americans choose to rent apartments, duplexes, condos, and houses from an owner or professional landlord. Most often the first step in formalizing a lease is to sign a written contract between the landlord and the renter. What often starts as a mutually amicable relationship, however, can turn ugly around the end of the lease period. Responsible renters are often shocked to find their security deposits withheld or an exorbitant bill for reasons they never anticipated. Often these charges are attributable to technicalities in the lease document, damages to the home that are not the tenant's responsibility, or other unforeseen problems with the lease arrangement.

Unfortunately, a dirty secret of the property management industry is that landlords reap huge monetary gains by making claims against unsavvy tenants who have virtually no recourse. Consider the following example: Ms. Harris rents an apartment to Mr. Jenkins and asks for a security deposit of $500 in order to protect against any excessive damage that Mr. Jenkins might cause if he treats the property poorly. Mr. Jenkins is asked to fill out a form describing the condition of the property when he moves in. Ms. Harris demands that he return the completed form within 48 hours of moving in. However, Mr. Jenkins is new to town with a new job and, with everything going on around him, forgets about the form until 3 days later. Ms. Harris accepts the form but says nothing. When Mr. Jenkins decides to move out at the end of his lease term, however, Ms. Harris withholds his entire security deposit on the grounds that Mr. Jenkins is entirely responsible for everything that was wrong with the apartment when he moved in - including deep scratches in the countertops from years of wear, faulty doorknobs that were loose when he first moved in, and several cracks in the window that had been there for years. Ms. Harris not only withholds Mr. Jenkins' deposit for these damanges, but also charges him an additional $100 for repairs that weren't covered by the security deposit. Mr. Jenkins has no physical proof that he didn't cause these damages to the property and wonders whether it is even worth his time and effort to fight these claims. Ms. Harris, meanwhile, pockets the money and does nothing to actually repair the apartment (the next tenant will be none the wiser).

As infuriating as these situations might be, unfortunately the law is often on the landlord's side, and without good documentation and other evidence to support the tenant's case, disputes over fees and security deposits are little more than "he said/she said" arguments. So what can you do to protect yourself before you get into your next lease? Here are some practical tips that might require a little more time and effort on the front end but could save you hundreds or even thousands of dollars.

Research the landlord. Fortunately, the internet has made it easier than ever to check out your prospective landlord. Large property management corporations or apartment complexes won't give you anything but positive stories about the treatment of their tenants, so consider looking up the company on a local information web site such as Citysearch. National web sites such as ApartmentRatings.com are also growing steadily as tenants recognize the need to share their experiences with others. Don't forget to look up the local area realtors association or Better Business Bureau to find out whether the landlord is a member in good standing. If you find any red flags at this stage, proceed with caution (if at all).

Interview the landlord. Assuming you're not driven away by a background check (or if the landlord is an individual with little or no outside information available), talk to the landlord about the history of the property, the rate of crime in the area, the landlord's policy on maintenance, and anything else you'd like to know about the home you are planning to lease. How a landlord responds to reasonable questions about the property may give you clues as to how he or she will behave once you're in a contract. If the landlord rebuffs your questions, behaves defensively, or refuses to answer any questions, consider this a major red flag.

Make sure you understand the terms of the lease. The lease document is the single most important aspect of your rental experience. The lease should clearly spell out the duration of the lease, the amount of rent and date rent payments are due, conditions that could result in your eviction, the landlord's responsibilities for maintenance and repair, how renewal of the lease will be arranged, and circumstances that would result in either party ending the lease term early. Read over the lease carefully and ask questions about anything that isn't clear. Be sure to make note of any non-refundable fees or other charges you might be assessed. Although larger companies will most often be inflexible about changing the terms of the lease, small companies and private owners may be open to negotiating certain terms of the lease. Again, watch for the landlord's behavior during your review of the lease - if the landlord brushes you off or displays a hostile attitude, you may want to reconsider doing business with this person. It's a good idea to check out the property laws in your state ahead of time to understand your rights as a tenant. If you do sign a lease and reconsider shortly thereafter, you may be able to nullify the contract - again, check the laws in your state.

Don't be afraid to walk out of a lease negotiation if you feel pressured or harrassed. Don't fall for a pushy landlord's tactics to bully you into a lease. When a landlord tries to make you feel guilty for asking questions or claims you're wasting his or her time by not jumping right into a lease, you know you're being manipulated. Cut off your business right then and there and walk out.

Get everything in writing. Your landlord will demand no less of you... if you are made a promise, get it in writing. Get signed copies of every document you submit to the landlord, and get a receipt or written acknowledgement of all of your correspondence.

Do a "walk-through" of the home with your landlord. When you move in, your landlord should accompany you through your initial inspection of the property. Makes sure your landlord agrees to do so at the lease signing. Your landlord should be there to witness as you personally document all of the flaws you see in the home.

Fill out the move-in inventory sheet promptly and thoroughly. Completing the move-in inventory form protects you against having to pay later for damages to the property that were already present when you moved in. Resist the urge to just get it over with and write down only a few major problems. Document every conceivable flaw that you could be held responsible for later. Whatever you do, don't take your landlord's word for it (unless it's in writing and you have a signed copy) that you won't be held responsible for something. As sick and tired of the moving process as you will be by the time you actually walk into your new home, don't neglect this very important step of the lease process.

Take photographs before you move in (and before you move out!). You should take photographs of the dwelling and its condition at move-in time. Have the photos processed and mailed to a witness so that the date of the photographs is clear. The photographs should match the descriptions on your move-in inventory form. Be careful - if you catch something in a photograph and use the photos later as proof of the move-in condition, make sure you have documented it or else you may be held responsible for it.

Invest in a voice recorder. Especially when working with a property management company, real estate office, or apartment complex, it's not a bad idea to audiotape all of your conversations with your landlord's office, including the lease negotiation. If your landlord makes a statement that he or she later retracts, you have evidence in your favor. Check to make sure you're in compliance with laws regarding audiotaping conversations - some states require both parties to be aware of the conversation, whereas others only require one party (e.g., you) to be aware.

Document, document, document. You should keep a folder that includes your lease, copies of all of your other lease-related documents (such as your move-in inventory form), records of maintenance performed, and any correspondence you send or receive from the landlord. You should also keep notes on the date and subject of any conversations you have with the landlord (corresponding through email with return receipt requested is a great way of doing this if your landlord is receptive).

It might seem unfair that you have to be the person responsible for keeping track of everything your landlord says and does, but if you take these preventive steps, you'll find that they take relatively little extra time in exchange for the peace of mind you'll enjoy. Although many landlords are courteous, honest, fair businesspersons, many are not, and unfortuntately it's not always easy to tell which is which! Having documented your business with your landlord each step of the way will increase the changes that you will be treated fairly if the tenant-landlord relationship does start to go downhill. Your local area realtor association or tenants' council may also provide useful information to help ensure that you have a positive experience renting your new home. Remember to seek out your new home in confidence, expect to be treated fairly from the start, and treat the rental as a business relationship - exactly the way your landlord will!