Apartment Living Laws

For many people, apartment living is a way of life. Young people and those who do not want the responsibility of owning a home find this kind of living ideal. Depending upon the landlord and your taste, apartment living can be quite comfortable. However, there can also be times when the tenant and landlord do not see eye to eye. When this situation occurs, you must know what your rights are as a tenant under the laws of your state.
  1. Maintain Common Areas

    • The landlord is responsible for maintaining the hallways, lobbies and other common areas. In many apartment buildings, tenant-landlord disputes are triggered when landlords neglect this responsibility or claim the tenants have damaged the common areas. As long as you or your guests have not done the damage, you can legally force the landlord to make necessary repairs.

    Requested Repairs

    • When something needs to be repaired in your apartment notify the landlord in writing. If the landlord has not responded in a reasonable amount of time, usually 10 days, send another letter and verbally inform him of the needed repairs. If the landlord does not respond after your second attempt, you have grounds to withhold the rent in lieu of repairs, you can pay for the repair yourself and deduct the cost from the rent, break the lease or obtain a court order forcing him to make the repairs.

    Eviction Notice

    • In most states, landlords can begin eviction proceedings one day after the rent is late. The eviction notice will have a court date when you will be allowed to explain why the rent has not been paid. If you can show that you did not violate the lease and the rent was withheld for a legal reason, the court can force the landlord to uphold his obligations.

    Security Deposit

    • Landlords use security deposits to pay for damages that have occurred when you occupied the apartment and to pay for large cleaning costs associated with you living in the apartment. If you have not damaged anything or left a large mess, he is legally required to refund your security deposit. This usually takes place about 21 days after you have left the apartment, but it depends on the state where you reside.

    Understand Noise Laws

    • Depending on where you live, noise restriction is an issue that should concern you. Between the hours of 8:00 a.m. and 9:00 p.m., there are no restrictions. However, after 9 p.m. it's another matter. Loud music or a TV turned up too high are considered excessive noises. A crying baby on the other hand is more difficult to control and cannot be as aggressively enforced. To avoid noise complaints, be sure to know how the law applies to your situation.

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