Common Mistakes and How to Avoid Them
Even the most careful tenants can fall into common traps. Being aware of these potential pitfalls can help you protect your rights and your security deposit.
Mistake 1: Not Reading the Lease in Full
Many people skim the lease, focusing only on the rent amount and the term length. They later discover clauses they don’t agree with, such as strict limits on guests or high fees for late rent. This is the number one mistake renters make.
How to Avoid It: Set aside dedicated time to read every single word of the lease and any attached documents or addendums. Use a highlighter for parts you have questions about. Don’t be afraid to ask the property manager to clarify any confusing language. Remember, once you sign it, you are legally bound by it.
Mistake 2: Failing to Document the Property’s Condition
When it’s time to move out, disputes over the security deposit often arise because there’s no proof of the unit’s original condition. A landlord might try to charge you for pre-existing damage, like stained carpets or a cracked tile.
How to Avoid It: Before you move in a single box, conduct a thorough move-in inspection. Use a checklist to note any existing damage, no matter how minor. Take detailed photos and videos of every room, paying close attention to floors, walls, and appliances. Have the landlord or property manager sign the inspection checklist, and you should sign it as well. Keep a copy for your records. Do the same thing when you move out to prove you left the unit in good condition.
Mistake 3: Not Putting Communication in Writing
You mention a leaky faucet to your landlord in the hallway. A week goes by, and it’s still not fixed. When you follow up, the landlord says they don’t recall the conversation. A verbal agreement or request is only as good as the memory and integrity of the people involved.
How to Avoid It: For all important matters—repair requests, notice to vacate, requests for accommodation—communicate in writing. Email is excellent because it creates a dated record. For highly critical issues, such as a notice of an uninhabitable condition, consider sending a letter via certified mail with a return receipt requested. This provides legal proof that the landlord received your communication.
Mistake 4: Assuming You Can Withhold Rent for a Repair
When a landlord fails to make a necessary repair, like fixing a broken furnace, it’s tempting to stop paying rent to force their hand. In most states, this is illegal and can lead to your eviction. The law provides specific procedures you must follow.
How to Avoid It: Understand your state’s laws regarding “rent withholding” or “repair and deduct.” These remedies often require you to give the landlord formal written notice and a reasonable amount of time to make the repair. In some cases, you may be required to place the rent money in an escrow account with the court. Before taking such a drastic step, it is highly advisable to consult with a tenant rights organization or an attorney to ensure you are following the exact legal procedure for your area.
Mistake 5: Not Knowing Your Local and State Laws
Landlord-tenant law is highly specific to your location. The rules about security deposits, eviction notices, and rent increases can vary dramatically from one state, or even one city, to another. Relying on general knowledge or what was true in a place you used to live can lead to problems.
How to Avoid It: Take some time to look up the landlord-tenant handbook or resources provided by your state’s Attorney General or a local housing authority. These are often written in plain language for consumers. Knowing basics, like how much notice your landlord must give for a rent increase or to enter your apartment, is incredibly empowering.
