Rental Agreements
usually means a written rental agreement for a specific time
What is a lease?
How much is a security deposit?
equal to one month's rent
It is required by law that you have ____________ and ____________ housing.
safe and sanitary
Sure, but you want to get it in writing if you ever need to take legal action. Oral reports cannot be documented so it cannot help you in court.
You are being evicted and the court just approved your eviction. The sheriff came by to serve you. 2 days after you were served your lights wouldn't turn on. Is this legal?
No. Your landlord cannot shut off your utilities ever.
Can a rental agreement be oral?
Yes!
How many days after leaving your old apartment might you have to wait to receive your security deposit?
30 days
State law provides the strictest regulation for housing standards.
No. State law provides the most basic living standards, your city or town may require more of your landlord.
If you withhold rent, you can spend that money on clothes instead since you don't owe it.
No! You must set that money aside and not spend it. Oftentimes the landlord will fix what needs fixed before you ever get to court, and are allowed to require you to pay once the problem is fixed.
You and your neighbors hold a meeting together to talk about how to get the landlord to fix the shared laundry amenities. The landlord heard about this meeting and decides to evict you because you are causing problems. Is this legal?
No. You have the right to convene with your neighbors and other tenants.
If you get a roommate to sign your lease with you, should you be ready to pay their portion of the rent at any moment?
Yes! When you sign a lease, you are responsible for the full amount if your roommate fails to pay.
If you pay your security deposit in cash you do not need a receipt.
NO! You should especially get a receipt if you pay in cash since there is no electronic or written confirmation of the transaction.
You live in Nashua. Your bedroom is freezing at 60 degrees but your living room is toasty at 72 degrees and your bathroom is 68 degrees. Can you complain to the landlord about this?
No. So long as the heating system technically works, the average temperature of your living areas is 66 degrees, which is above the required minimum of 65
Extreme weather conditions did not cause the oven to stop turning on. Can you withhold rent?
No, although extreme weather conditions not causing the problem is a requirement to withhold rent, you also have to have all of the other conditions together.
Your landlord changed the locks on your apartment before you are officially evicted. You know this is wrong and want to file a 540-A-Petition but you can't afford a lawyer. What can you do?
You don't need a lawyer to file a 540-A-Petition!
Your lease is ending in March, so you look for an apartment and find one you like that is available to move in January 1st. These apartments are popular and are going fast, you commit and move in. Your previous landlord is trying to make you pay for your old rent for Jan, Feb, and March. Can they do that?
Yes! Your lease does not end until March, so you must pay rent until March, it does not change even if you move out. Many renters end up paying for two apartments one month because of this. This is why some renters like month-to-month renting.
Is your landlord allowed to use your security deposit to fix up the maintenance requests you put in?
No. Security deposits must only be used to fix damage you caused after you move out.
You moved in during the fall, enjoyed your apartment for almost a year. But in the summer, the paint started peeling off the walls due to the heat. Can you withhold your rent if your landlord doesn't fix this within the 14 day period?
No, peeling paint is not a protected security like peeling plaster is. You can only withhold your rent for protected safety and sanitary requirements outlined by law.
Your dishwasher broke. You put in a maintenance request. Within 3 days your landlord notified you that they would swing by to fix it sometime within the next 24-48 hours. But, when the landlord came by you were in the shower and you refused to let the landlord in while you were vulnerable. The landlord did not come back to fix the dishwasher. Can you withhold rent?
No, the landlord gave a 24 hour notice that they were coming and they attempted to fix the problem. You refused them entry, so you are at fault.
You put in a maintenance request for a large hole your friend put in the wall after a party got a little too wild. When your landlord came to fix it, he noticed your apartment was cluttered, unorganized, smelly, and he saw bugs crawling. The next week you got an eviction notice citing that you had broken the lease by not keeping the property sanitary. Is this legal?
If "must keep property clean and sanitary" is written in the lease, then yes. You have broken a condition of the lease and your property may be attracting bugs that are effecting other tenants, causing a widespread issue.
You read your lease but it was long and boring. A few months later your landlord fines you for having a grill on your patio. The landlord says that the lease states you cannot have a grill. When you read the lease, you saw the word "grill" and thought it was saying you could have one. Do you have to pay the fine or will the landlord excuse you because you didn't understand?
You have to pay the fine. It is your responsibility to make sure you understand everything in the lease before you sign it. You can always sit down with a friend or family member to go through the lease together. You can always ask your landlord to clarify.
$2,100 plus 2% interest
You live in Concord. Your bedroom is 63 degrees, your kitchen is 68 degrees, and your living room is 65 degrees. Can you complain to your landlord?
Yes! Even though the average comes out to about 65 degrees, Concord city laws require more than the federal law (68 degrees average).
You made a request, the landlord did not comply, so you withheld rent. Now your landlord is trying to evict you for nonpayment. You go to court and explain. The court dismisses the eviction attempt and gives the landlord more time to fix the problem. Do you have to pay your rent after the problem is fixed?
Yes, once the problem has been fixed, you will need to pay your rent.
You were late with your rent so you contacted your landlord before hand, let them know, and agreed upon a payment plan. A month later you get an eviction notice saying you let the grass get too long. You feel this is retaliatory for the late rent because they have never complained about the lawn length before even though it is in your lease. Can you contact a lawyer based on retaliatory regulations?
No. You technically broke the lease by being late and by not keeping the grass at the right length. Landlords are not required to give you extra time or agree to a payment plan. You have no evidence this is retaliatory especially because the landlord gave you leniency with rent.