OSPIRG's Renters Handbook:
Chapter 5

Chapter 5: Moving In

A. All About Rent

The tenant's first obligation is to pay the rent. Rent is payable without demand or notice at the time and place agreed to by you and the landlord. Unless otherwise agreed, rent is payable at the rental unit at the beginning of any term of one month or less, or in equal monthly installments if the rent term is more than a month. (90.240(5)(a))

If there is no rental agreement, the rent is the fair rental value of the unit. (90.240(4))

Prorating

In a monthly agreement where the tenant moves in on the 10th of the month, the next rent would be on the 10th of the next month, and so forth. However, most landlords will prorate the rent. For example, a tenant who moves in on the 10th of a month when rent is payable on the 1st should pay rent only from the 10th to the end of that month. The landlord may choose to get the first month's rent in full, and then prorate the next month. The daily rate can be calculated by multiplying the monthly rate by 12, then dividing by 365.

A month-to-month tenant who moves out in the middle of the month after a 30-day notice has been given also owes a prorated rent through the date of the notice. (90.427(2), 90.375, 90.380, 90.360(1))

Work in Exchange for Lower Rent

The landlord and tenant may agree for the tenant to perform specific maintenance tasks and minor repairs. The agreement and terms must be:

• in writing;
• a fair exchange;
• in good faith; and
• not for the purpose of evading
  any habitability standards.

Note: The landlord cannot say "you get cheap rent if you promise not to complain about conditions." (90.320(2))

Rent Increases

Landlords may increase rent with a 7-day written notice for weekly tenants, and with a 30-day written notice for monthly agreements.

In a lease, rent may be increased only at the end of the term when the lease is renewed, unless the lease specifically reserves the right to raise rent during the term.

Late Charges

Late charges cannot be incurred unless the written rental agreement provides for late charges.

When the agreement so provides, the landlord must specify the date rent is due, the date late charges begin to accrue, and the type and amount of the late charge.

Late charges begin accruing after midnight of the 4th day after rent is due. For example, if rent is payable on the 1st, a landlord may charge a late fee on the 5th.

The three types of late fees are (90.260(2)):

• a per-rental-period fee (flat fee): a flat amount charged only once per rental period, whether rent is paid on the 6th or the 31st. The amount is based on the normal amount charged by landlords;
• a per-day fee: accrues every day until rent is paid, and is limited to 6% per day of the flat monthly late fee;
• a 5-day period fee: charged once for each late 5-day period and is limited to 5% of the rent payment.

Nonpayment of a late charge alone cannot be the basis of a "72-Hour" or "144-Hour" eviction notice for nonpayment of rent. (90.260(6)) However, failure to pay a late fee can be a basis for eviction for cause. (90.260 (6), 90.400(1))

Also, the landlord may charge interest on unpaid late fees.

C. Tenant Rights & Responsibilities

Responsibility for maintaining a decent dwelling and a good rental relationship is shared by the landlord and tenant. Tenants must:

• use the unit only as a dwelling, and not as a business (unless the landlord agrees in writing), and not for illegal activities; (90.340)
• use the parts of the unit (kitchen, bath, etc.) as they should be used;
• keep areas under their control clean, sanitary, and free from accumulation of debris, garbage and filth;
• Note: The tenant may not dispose of needles, syringes and other infectious waste in the garbage because garbage haulers cannot legally pick up such items. Doing so could be grounds for an eviction for cause.
• use facilities such as electric, heat and plumbing in a reasonable manner;
• not deliberately or negligently damage or remove, or knowingly allow others to damage or remove any part of the premises;
• conduct themselves and visitors in a manner that will not disturb the neighbors (tenants are responsible for the actions of their guests and parents for the actions of minors (30.765)); (90.325(9))
• test smoke alarms at least once every 6 months and replace batteries as needed. (479.275, 90.325(6))</UL>

Many communities have local codes restricting noise that can be heard outside the dwelling to certain hours.

The rental agreement may also have additional rules and regulations. Tenants should carefully read through the agreement before signing.

Harassment

Tenants have a right to live in a home that is free from harassment. (90.375) The landlord may not unlawfully remove or exclude the tenant from the rental, or willfully diminish services such as heat, running water, electricity or other essential services.

Penalty: The tenant may get a legal order to recover possession of the unit or may end the rental agreement and recover up to 2 months' rent or twice the actual damages, whichever is greater.

Right to Respect and Dignity

Tenants have the right to be treated with respect and dignity, no matter what their income level. Although the property belongs to the owner, on the day the tenant moves in, the property becomes the landlord s financial investment and liability, and the tenant's home. Both the landlord and tenant should treat each other with respect.

Notice of Tenant's Absence

The rental agreement may require the tenant to give actual notice to the landlord of any expected absence of more than 7 days. Notice should be given no later than the first day of the absence.

The purpose of this requirement is to insure the maintenance of any systems that need regular attention (i.e., heat), to protect against theft, and to guarantee that the landlord will not think the unit has been abandoned. (90.340)

Penalty: The landlord may recover actual damages if the tenant deliberately fails to notify the landlord of an extended absence. The landlord can also enter the dwelling for routine maintenance if "reasonably necessary" or for an emergency. (90.410)

Subleasing

A written rental agreement may prohibit subleasing - when a tenant temporarily rents a unit or part of a unit to another person - without the landlord's written permission.

If the agreement prohibits subleasing, and if the original tenant does sublease and the landlord does not knowingly accept rent from the unauthorized tenant, then the landlord may give a 24-hour notice to the unauthorized tenant. (90.400(3)(d))

Unauthorized Roommate

If the original tenant has an unauthorized roommate, the landlord may give a month-to-month renter a 30- day "no cause" eviction notice, or a "for cause" notice in the case of a lease, which states the violations and the opportunity to correct the problem in the case of a lease. (See Evictions, page 43)

The landlord may simply demand that the unauthorized roommate go through the normal application

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