Know Your Rights
To get the most out of your off campus living experience, know your rights and responsibilities as a tenant. We include some of the most common issues here--inspecting for damages, security deposits, and subleases and assignments.
Lionslease.com has detailed information on other rights you have as a tenant including:
Fair Housing, which is the right to be free from many types of discrimination related to your housing search, lease, or living environment.
Implied Warranty of Habitability, your right to a safe, sanitary, and livable apartment.
Covenant of Quiet Enjoyment, your right to use the apartment without restriction by your landlord, unless provided for in the lease agreement.
Eviction, limitations on how and when a landlord can evict a tenant.
- Inspect for damages when moving in and out
Damages caused by previous tenants may exist in any rental. The inspection or damage checklist is very important to complete, as it is a way of protecting your security deposit against claims of damage that existed prior to your living on the premises.
Tenants and landlords should complete a damage checklist before moving into and out of a rental unit to document that both parties agree on the condition of the rental unit and to reduce misunderstandings.
Once your checklist is complete, you should sign and date the original, have two or three witnesses who are not your roommates sign/date, and submit to your landlord for signature and date. Retain one copy for yourself and give the other copy to the landlord. If your landlord refuses to sign the damage list, you may want to have your signature notarized for date verification.
Take pictures or use video recording to document the damages and general condition of the premises.
When moving out, check the lease and any move out packet to ensure the apartment has been thoroughly cleaned per the rental agreement. If possible, ask the landlord to walk through the apartment with you.
Some damages to record include the following:
- Water damage or leaks,
- Chips or holes,
- Broken or lost fixtures,
- General cleanliness,
- Pest infestation, and
- Items remaining on the premises that should not be there.
You will also want to make sure the following are in good working conditions:
- Light fixtures and outlets,
- Screens and window/door locks,
- Kitchen/bath exhaust fan,
- Smoke detectors, and
- Heating/cooling units.
If your apartment is furnished, inspect all furniture for rips or tears to fabric, usability, cleanliness, and general condition.
Remember: Prepare a checklist and take photos when you move in and when you move out.
- Areas and items to inspect
Kitchen -- Refrigerator, Stove, Exhaust Fan, Garbage Disposal, Sink, Cupboards (inside and out), Lights, Electrical Outlets, Flooring, Ceiling, Walls, Windows, Window Treatments, Closet (pantry), Other.
Living Room -- Flooring, Ceiling, Walls, Windows, Window Treatments, Closets (if applicable), Lights, Electrical Outlets, Furniture (if applicable), Other.
Dining Room -- Flooring, Ceiling, Walls, Windows, Window Treatments, Lights, Electrical Outlets, Furniture (if applicable), Other.
Bathroom(s) -- Flooring, Ceiling, Walls, Windows, Window Treatments, Toilet, Sink, Tub/Shower, Tile/Grout, Lights, Electrical Outlets, Closet, Other.
All Bedrooms -- Flooring, Ceiling, Walls, Windows, Window Treatments, Closets, Lights, Electrical Outlets, Furniture (if applicable), Other.
Basement -- Flooring, Ceiling, Walls, Windows, Window Treatments, Lights, Outlets, Appliances, Dryness, Other.
Hallways -- Flooring, Ceiling, Walls, Stairways, Closets, Lights, Other
Outdoor Areas -- Sidewalks, Railings, Porch/Steps, Doorbell, Mailbox, Lights, Other
- Security Deposits
Amount of the Deposit
During the first year of a residential lease, the law limits the amount that may be required for a security deposit to no more than two months' rent.
If you renew the lease, the landlord may keep no more than one month's rent for the deposit. Example: You move in on January 1, 2017, at a rent of $500 per month and pay a security deposit of $1,000 (Two months' rent). After January 1, 2018, your landlord can charge no more than one month's rent as a security deposit and must return everything you paid above that amount. (In this case, $500 if the monthly rent does not change).
On funds held for more than two years, any amount over $100 must be deposited in an escrow account. Your landlord is not obligated to pay interest on your deposit for the first two years renting with him or her; however, the landlord must provide you with the name and address of the institution along with the amount in the account.
When money is required to be deposited into an interest-bearing savings account, the landlord is entitled to receive one percent (1%) of the interest on the account for administrative expenses; the balance of the interest paid must then be returned to the tenant annually after the second anniversary date of the commencement of the lease.
If the tenancy should exceed five years, a rent increase will not require a similar increase in security deposit.
Return of the Deposit
When you move out, be sure to turn in your written forwarding address to your landlord. The landlord then has thirty days to provide you with an itemized list of any damages for which they are withholding money, and any balance due to you from your security deposit.
The landlord can only keep your security deposit for unpaid rent and actual damages.
If an item in the apartment needs to be replaced due to damage, the price of the item should be depreciated to reflect the age of the item. The landlord cannot ask for the price of a brand new replacement item.
If you disagree with the landlord as to damage or charges, send a letter by certified mail to the landlord, property manager, and/or owner of the unit. Keep this letter professional and explain exactly which charges you disagree with and the amount of your deposit you think you are entitled to receive.
- Sublets and lease assignments
Most leases in the State College area allow the landlord to decide whether to allow you to sublet or assign your lease. Be sure to check your lease, and, if required, get permission from your landlord before subletting, including short term sublets like AirBNB. Assignments of your lease will always require the involvement of your landlord.
When you sublet your apartment, you sign a contract with your subletter and you become their landlord. Your original lease does not go away. If your subletter does not pay rent or damages the apartment, the landlord can hold you responsible.
An assignment of your lease means that the new person enters into a contract directly with the landlord, but you are still responsible for the rental payments or damages. When the term "assignment" is used locally, it typically refers to a lease novation. That is, most assignment contracts will also release the original tenant from their original obligations under the lease, so that, if the new tenant damages the apartment or fails to pay rent, you are not responsible.
Enter into a sublet agreement cautiously--you have more financial risk in these arrangements than just the rent. If you decide to sublet, get the agreement in writing. Rental contracts are not simple documents; to ensure you have a valid contract, work with an attorney. Student Legal Services is not able to draft or review sublet contracts.
If you do sublet, you are a landlord, and must follow Pennsylvania law. This includes things like whether you have the right to enter the apartment, what you can do to evict someone for non-payment of rent, how you manage any security deposit in accordance with Pennsylvania law, and what you must do if the tenant leaves personal property behind.