Rental Guide Puts Advice in Simple Terms

Whether you’re a residential tenant or a landlord, you’ll benefit from reading the newest edition of “Renters’ Rights.”

As with most Nolo Press law books, this well-researched and easy-to-read book contains simple non-legalese explanations plus state-by-state applicable statutes. Examples include maximum security-deposit statutes, rent withholding laws for essential repairs and statutory methods to prevent landlord retaliation.

This realistic and practical book shows renters how to avoid being pushed around by landlords, avoid unpleasant confrontations and mediate to avoid going to court. There is also detailed information on handling discrimination problems.

The book’s theme is understanding your legal rights as a renter so you’ll know what to do if your landlord treats you unfairly or violates your state’s landlord-tenant laws.

But the book also emphasizes practical renter tactics, such as impressing a prospective landlord with copies of your credit report, references from previous landlords and other information to make you look like an ideal tenant. The book also explains how to get all (or at least most) of your security deposit refunded when moving out.

Authors Janet Portman, who is an attorney, and Marcia Stewart place major emphasis on the importance of a fair lease or month-to-month rental agreement. They note that some disreputable landlords include illegal or unenforceable clauses, such as one absolving the landlord of any liability for negligence.

The authors often first explain tenants’ legal rights, then follow with practical remedies to the potential problems involved.

For example, it is illegal for a landlord to do a “self-help eviction” for late rent payment by throwing the tenant’s belongings on the sidewalk. But the authors caution that a landlord who is circumventing the law in that way isn’t worth fighting. “Move on,” they suggest.

Whether you are a first-time renter or an experienced tenant, this book is a reminder of the key points to discuss with your prospective landlord or resident manager.

This is not a “stand up for your rights and fight the landlord” guide. With the possible exception of a below-market bargain rent-control apartment, fighting with a difficult landlord isn’t worth the aggravation, Portman and Stewart advise.

The chapter on roommates is especially enlightening. It explains the legal responsibilities of roommates for paying the full rent if one roommate can’t or won’t pay on time. The roommate chapter also explains why landlords have no duty to refund part of the security deposit when a roommate moves out. The authors even provide a suggested checklist agreement for roommates to prevent problems.

The authors explain how renters can sue their landlords, such as for failure to promptly return a security deposit or for deducting too much for cleaning or repairs.

The appendix shows renters and landlords where to find their state statutes on landlord-tenant rules, such as when rent is due, security deposit laws and state fair housing agencies. This book can prevent first-time tenants from making costly mistakes. And experienced tenants will benefit from the practical advice for handling potentially litigious situations with their landlords.