Renting 101: A primer

With fall just around the corner, many young, college-bound adults are about to embark on independent life as apartment renters. Or perhaps they've out of school, have been renting a short while and are wondering about various issues that arise as tenants. Here's a primer on what a first-time (or second- or third-time) renter needs to know to have a successful rental experience.

Q: What should I consider in evaluating an apartment and its management?

A: First, whether you can afford it. Most managers require tenants to earn three times the monthly rent, so if the rent is $500, the tenant needs to gross $1,500 a month. Beyond that are the basics. For example, is there enough parking, does the place seem safe?

"A lot of things are going to be very subjective, like if (the renter) likes old or new buildings," says Sherry Zane of Phillips Real Estate Services. "I'd look at the overall condition of the apartment building. If it looks well-kept-up, the things that go wrong in your apartment will probably be repaired as needed."

Q: What questions should you ask management?

A: First, how much is the rent, and when is it due, suggests The Tenants Union. Also, are there any late charges for delinquent payment? (Unlike other states, Washington has no law allowing a several-day grace period. Rent is due when it's due.) Is a lease required, or is it rented on a month-to-month basis? Who pays utilities, including, heat, water, light? (Increasingly, local apartment owners are passing water bills on directly to tenants.) What are the rules regarding guests, smoking, pets? Are there extra fees for parking, pets, storage? Are there deposits?

Q: What's the difference between a fee and a deposit?

A: Some landlords use those words interchangeably. However, state law says a deposit must be refundable. Example: The tenant gets his security deposit back upon moving out, minus any deductions for damage. If the amount collected is not to be returned (example: for cleaning costs) then it must be called a fee and disclosed up front as nonrefundable. There's no legal limit on how much a landlord can charge in fees or deposits; however, as Zane points out, "if you charge too much, the unit will sit there empty." Attorney Chris Benis advises prospective tenants to ask exactly what these fees cover. "If it covers carpet cleaning, I'd want to know, because in essence I've paid in advance for that, so I shouldn't have to do it when I move out."

Q: What should I be prepared to give a landlord during the application process?

A: Zane says most landlords want to see photo identification to prove you're you. Then you'll be asked to fill out an application, providing your current and past addresses and landlords, current and prior employers and other information.

What if you don't have a rental history? "Most people are pretty flexible these days," says Zane. However, you may be asked to provide both first and last month's rent initially.

Q: Can a landlord require a "tenant screening" background check and make me pay for it?

A: Yes. Commonly searched: credit history, past and present rental and employment history, often criminal background. These checks "are basically just a reference used to determine if people look like good candidates to pay their rent, so the landlord can pay their bills," explains Jana Berry, manager of Rental Research, a local screening firm. "It's up to them to have their own policy of what they will and will not accept and decide if people meet that."

Q: Are these background checks a good or a bad thing?

A: Jim Nell, of the Rental Housing Association of Puget Sound, thinks they're a plus for tenants. "At least you'll have a fairly good idea that your fellow residents should not be criminals. Otherwise, you could have drug dealers and everybody else in there."

Q: On what grounds can a landlord reject my application for tenancy?

A: "On bad credit, bad rental reference or criminal record," says Bart Flora of Cornell & Associates. Also, he points out, if your lifestyle runs counter to apartment regulations. (For example, if you smoke or have a pet and the building doesn't allow that.) Otherwise, Flora says landlords have to apply their admission standards uniformly and cannot discriminate based on any of a number of things covered under "fair housing" statutes (examples: race, religion, marital status).

Q: What should I know about signing a lease?

A: First, that it's very important to read it, understand it and understand that it's a binding civil contract that can be enforced. "The tenant needs to know what they're agreeing to and they're going to be held to," says Benis. "A lot of things are negotiable, but most leases are pretty set. You really need to know if these are rules you can live with."

Q: What else should I do before moving in?

A: The Tenants Union advises renters to conduct a walk-through tour with the landlord, noting in writing any obvious imperfections so these won't be charged against you upon move-out. (You should also do a walk-through, with the landlord, when you move out.) It also suggests getting in writing any promises the landlord makes about maintenance or repair work he'll do before you move in.

Q: Are there laws that protect me?

A: Yes. The Washington State Residential Landlord-Tenant Act is extensive in its requirements for both landlords and renters. The city of Seattle also has a "Just Cause" ordinance that limits the reasons a landlord can ask a tenant to move. In addition, both state and local "fair housing" laws protect tenants from discrimination. For links to all these, go to the Rental Housing Association of Puget Sound's Web site and the Tenants Union Web site. (See box above.)

Q: What is my landlord responsible for?

A: State law says your landlord must maintain the roof, floor, walls and all other structural components. Any appliances provided must be maintained. Ditto the plumbing, heating and electricity. The landlord has no legal obligation to paint the unit between tenants, provide carpeting, window coverings, cable TV or high-speed Internet access. But he must keep bugs and vermin at bay.

Q: What should I know about repairs?

A: State law gives landlords various amounts of time, depending on the seriousness of the problem, to commence repairs. The clock starts ticking once you inform the landlord in writing. The law is very specific about what you can do if your landlord doesn't make necessary repairs. For more about this, check the Tenants Union Web site.

Q: What are tenants responsible for?

A: Upholding the provisions of the lease, plus those responsibilities contained in state law. (Usually they're also contained in the lease itself. Examples: paying the rent on time, keeping the property clean, not engaging in illegal activities on the premises.)

Q: Can my landlord control my lifestyle by stipulating no drinking, no smoking and whether I can have houseguests and how long they can stay?

A: "The quick answer is yes," says attorney Benis. "There are those who don't allow smoking or pets, or have limitations on the number of people who can legally live in a unit. There's nothing in the law about it, but most will have something in the lease about what constitutes a guest and what constitutes a tenant. They'll say something like, anyone who stays more than two weeks consecutively needs to be screened." Meaning the landlord then considers the guest to be a tenant and will treat that person as such.

Q: Can my landlord enter my apartment any time he wants?

A: No. In the event of an emergency, he can enter without giving you advance notice. Otherwise he must give you 48 hours' notice before entering to inspect the premises or do work. If you're moving out, your landlord must give 24 hours' notice before showing it to prospective tenants.

Q: Are there any limits on how much and how often my landlord can raise the rent?

A: Rent control is illegal in this state, Benis points out, so there's no law limiting rent increases. Absent a lease setting the amount, the landlord can raise the rent as often and as much as he wants, as long as he gives 30 days' notice before the next payment is due. "The exception is the city of Seattle, where a rent increase of over 10 percent has to be on 60 days' notice," Benis explains.

Q: How can I resolve a dispute with my landlord or with another tenant?

A: The Tenants Union Web site has suggestions for handling these problems, including what to do if a former landlord doesn't return a deposit you think is rightfully yours.

Q: What should I know about breaking a lease?

A: State landlord-tenant law is very specific on this. Tenants who vacate early are responsible for the rent until the lease expires or the unit is re-rented, whichever comes first. However, the landlord must make a good-faith effort to get another renter as soon as possible (and can pass on the costs of this effort to the departed tenant). Additionally, if several roommates sign a lease, all are responsible for the rent until the lease expires. If one leaves early, landlords sometimes allow a replacement roommate to move in, if that person meets tenancy requirements. "If you move someone in that hasn't been screened, that can put the other roommates in jeopardy of having to move out because they're in violation of their lease," Zane says.

Q: What happens when my lease is up?

A: When your lease runs out, you and your landlord each have the option of ending your occupancy (except within the city of Seattle, where the landlord must let you stay under certain "just cause" guidelines). If you want to stay, you may be asked to sign another lease, or more commonly your tenancy reverts to month-to-month. The benefit of this for you: It allows you to move out whenever you want, as long as you give proper notice. The benefit to the landlord: He can change the rules and rent amount at will, as long as he gives you proper notice.

Q: What should I know about moving out?

A: You must give your landlord written notice 20 days before the end of the rental term, which is usually the last day of the month. The Tenants Union suggests mailing this a few days early to make sure the landlord receives it by the 20-day deadline. Your landlord doesn't have to give you a refund if you vacate a few days early. "You can leave when you want to, but you have to pay rent through the end of the rental period," explains Flora. Additionally, unless you've paid a cleaning fee, you're responsible for cleaning the unit and can be charged for anything other than normal wear and tear.

Q: What can trigger an eviction, and how does one work?

A: Not paying the rent when it's due is the top cause, says Benis. However, "most landlords don't want vacancies and aren't going to chase people out if they need a few more days."

The key here, he says, is communication. "People with unforeseen problems shouldn't hide from their landlord. They should explain and offer what they can as a solution."

Other causes basically boil down to lease violations and may include noise complaints and property damage. An eviction is a specific legal process that can lead to a sheriff overseeing the removal of the tenant and his possessions. Once it begins, "it's a public record that other landlords can see, and it will make it harder to rent in the future," Benis cautions.

Elizabeth Rhodes: erhodes@seattletimes.com.