Education for Justice

FACT SHEET H-3

Fall 2011

LOOKING FOR

AN APARTMENT

 

 

 

1.          Look for For-Rent Signs.  Many landlords do not advertise in the papers or online.  You may need to walk or drive around different neighborhoods, looking for For-Rent signs.

 

 

2.          Look for Affordable Housing.  If you have a low income, you may be able to get an apartment where you pay a lower, “subsidized” rent.  Get a list of public and subsidized housing in your area.  Call First Call For Help statewide at 211 (or (651) 291-0211 from a cell phone).

 

 

3.       Get Help.  There are agencies that offer free lists of apartments and other help in finding a place.  Call 211 for First Call For Help (or (651) 291-0211 from a cell phone).

 

 

4.          Make a Good First Impression.  When you call about an apartment, make sure that your house is quiet.  When you go look at an apartment, treat it like a job interview.  Dress nicely and, if you can, get child care so you can focus on making a good impression on the landlord.

 

 

5.          Watch Out for Discrimination.  It is illegal for a landlord to discriminate against you because of your race, because you have children, because you get welfare, or because you have a disability, among other reasons.  If you sense discrimination, call for help right away.  Call your legal aid office, the Minnesota Department of Human Rights at (651) 296-5663 or 1(800) 657-3704, or the US Department of Housing and Urban Development (HUD) at 1(800) 669-9777.  See our fact sheet, H-6 Housing Discrimination.

 

 

6.          Get a Good Reference from Your Current Landlord.  Talk to your current landlord before you start looking.  Make sure you can get a good reference.  If you have problems with the landlord, try to clear them up now so that you do not get a bad reference.  If your current landlord is going to give you a bad reference, get a recommendation from someone else:  a different landlord you had, an employer, a church pastor, or some other respected person.  Be ready to explain why your landlord will not give you a good reference.

 

 

7.          Don’t Waste Time or Money on Applications Unless You Have a Good Chance of Getting the Apartment.  Read the application before you fill it out.  Application fees should be used by the landlord to do things like get rental history and credit checks on you.  Always ask for a receipt for the application fee.  The landlord has to give you one.  If the receipt is part of the application form, make sure you get a copy of the application. 

Before a landlord can take an application or screening fee, he must give you in writing a list of criteria (standards) he uses to decide whether to accept someone as a tenant.  He also has to give you the name, telephone number, and address of the tenant screening service he will use to get information about you.   Keep this list once it is given to you.  This list is important because the landlord does not have to return your application fee if he decides not to rent to you because of any of the things on the list.

 

If he decides not to rent to you, the landlord has to tell you why within 14 days of rejecting your application.  If there is something in the list of criteria that might make a landlord turn you down, tell the landlord about it before you apply.  It could be an eviction, criminal history, bad credit, or bad relationship with a prior landlord.  A good landlord will tell you up front that he will not rent to you because of it. 

 

-       If the landlord knows when you apply that the apartment you want to rent is not available right now he cannot charge an application fee. 

 

-       If it is available and you pay a fee but other people have applied for the same rental, the landlord has to screen the others before you.  The others have to be rejected or turn the offer down before the landlord can do anything with the fee you paid.

 

-       If you are turned down for the apartment for a reason that is NOT in the list of criteria, the landlord has to give the money back.   

 

-       If someone who applied before you ends up taking the apartment the landlord has to give you back the application fee. 

 

-       If the landlord does not use the whole fee to run the background checks and other things to process your application, he has to give back the part he did not use. 

 

 

8.          Don’t pay a “pre-lease deposit” without an agreement in writing.  Some landlords ask for a deposit to “hold” an apartment before you sign the lease.  This is called a "prelease deposit".  A landlord cannot take a prelease deposit unless there is an agreement in writing with you about what happens with this money if you do not get to rent the apartment or house.  This agreement is something different from the lease and the landlord must give you this paper BEFORE you pay the prelease deposit. 

 

Read it before you sign it.  The agreement must tell you:

1.      under what conditions the deposit will be returned to you and

2.      that the deposit will be returned to you within 7 days of one or more of the conditions happening. 

 

For example, the agreement might say that if the landlord turns you down the deposit will be returned to you in 7 days.  Or, the agreement could also say that if the landlord decides to rent to you and you decide not to take the apartment the landlord does not have to return the deposit.  If the landlord does not give you a written agreement you can sue to get it back.  The penalty is the amount of the deposit plus ½.  If you do sign a lease and move in, the landlord must credit the “hold” money to your security deposit.  If you do not move in, you may lose the money.

 

9.          Fill Out Applications Carefully.  You usually have to list where you have lived for the past 2 or 3 years.  Make sure you get all the addresses and dates right, and don’t skip anything (even places where you only stayed for a month or two).  If you do, the landlord may turn you down for a false or incomplete application.  Make a list of where you have lived and bring it with you when you apply so you do not forget anything.

 

 

10.      If You Are Turned Down, Find Out Why.  If the landlord used a tenant screening agency or credit bureau, they have to tell you which one they used.  Call the agency right away to ask for a free copy of your report (if you wait too long you may have to pay).  You have the right to correct any mistakes and to explain any evictions.  For more information see our fact sheet, H-4 Tenant Screening.

 

 

11.      Never Rent an Apartment You Haven’t Seen.  It is not good enough for the landlord to show you one “just like it.”

 

 

12.      Inspect the Apartment Carefully Before You Sign the Lease.  Use the attached checklist to go through the apartment.  If there are any problems, have the landlord sign the checklist and agree to fix them before you move in.  Save this checklist until you move out of the apartment.  It may help you get your security deposit back.  If there are problems, and the landlord won’t agree in writing to fix them, look for another place.  If you move in, get our fact sheet H-11 Getting a Landlord to Make Repairs.

 

IMPORTANT:  Be careful that you do not rent from a landlord whose rental building is being foreclosed or having financial trouble.  If you move into a building with these kinds of problems you will have to move again soon.  If you got emergency assistance, you do not want to waste it on a place where you will not be staying for at least a year. 

 

Ask the landlord if the building is behind on mortgage payments or is being foreclosed.  You can also call your county Sherriff’s Department to find out if the building has been through a sheriff’s sale.  A sheriff’s sale means that there has been a foreclosure and you will probably have to move in the next 6 months or less.  If you live in Hennepin County you can find out about a sheriff’s sale at the Hennepin County Sheriff's Department's webpage.  Go to http://www4.co.hennepin.mn.us/webforeclosure/search.asp. 

 

 

13.      Watch Out for Bad Landlords.  Do not rent from a landlord who will not give you their full name.  Do not rent from a landlord who only gives a P.O. Box for an address.  A landlord must give you a street address.  Do not rent from a landlord who will not give you a phone number, or who will only give you a pager number.  Watch out if the landlord says that they have to evict the current tenant before you can have the apartment.  If you have any doubts, ask the neighbors if the landlord is good.

 

 

14.      Read the Lease Carefully.  Check who is responsible for snow shoveling and lawn care.  Check who pays for gas, lights and water.  If your building has more than one unit and you pay utilities, find out if there are separate utility meters or if the landlord divides the bills up between the tenants.  If the bill is divided, they have to tell you in writing before you rent, how much the monthly bills for the building are.  They also have to tell you when you will be billed and how the costs are divided up.  You can ask the landlord to make changes in the lease before you sign it.  You and the landlord should put your initials next to each change.

 

 

15.      Always Get Receipts and Don’t Lose Them.  Any time you give money to a landlord, get a written receipt, signed and dated by the landlord that says how much paid and what you paid for.  It does not have to be on a special form.  Keep these receipts.  Get a written receipt immediately when you pay cash in person.  If you do not pay in person the landlord must give you a written receipt within 3 business days of getting the cash. 

 

If you pay your rent by money order, you still need a receipt from the landlord because the money order stub only shows that you bought the money order, it does not show that the landlord got it.  Keep the receipt and all of the money order receipt stubs and/or copies of money orders filled out showing they were made payable to the landlord. 

 

It is important to keep all receipts and documents for all payments and agreements.  You might need this information if your landlord claims you did not pay your rent.  These papers could prove you paid your rent and the landlord is wrong.                            

 

 

16.      Give Proper Notice to Your Current Landlord.  You have to tell your current landlord a full month plus one day before you are going to move out, unless your lease says something different.  Check your lease to be sure because some leases have a longer notice period.  Send a letter and keep a copy.  It is not good enough to tell the landlord you are moving by phone or in person.  A landlord could keep your security deposit or even charge you more than the deposit for not giving proper notice.

 

 

17.      Pay Your Last Month’s Rent.  You cannot use your security deposit as your last month’s rent.  If you do, the landlord can evict you in the middle of the month.  The landlord can also sue you for the rent and give you a bad reference.                     

 

 

 

 

 

 

 

 

To find other Legal Aid Society materials, including the fact sheets mentioned in this document, go to www.lawhelpmn.org/LASMfactsheets.

 

 

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

2324 University Avenue W. – Suite 101B

St. Paul, MN 55114

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© 2011 Mid-Minnesota Legal Assistance.  This document may be reproduced and used for non-commercial personal and educational purposes only.  All other rights reserved.  This notice must remain on all copies.  Reproduction, distribution, and use for commercial purposes is strictly prohibited.

 

MOVE-IN INSPECTION AND LEASE ADDENDUM

 

Ö

PROBLEM

DESCRIPTION

WINDOWS

 

Missing/Torn screens

 

 

Missing/Broken storm windows

 

 

Broken/Cracked glass

 

 

Missing/ Broken locks

 

 

Other

 

DOORS

 

No deadbolt locks

 

 

Broken locks

 

 

Missing/Broken door knobs

 

 

Other

 

WALLS / CEILINGS/ FLOORS

 

Chipped / Flaking paint

 

 

Holes or cracks in walls

 

 

Dirt/ Stains on walls

 

 

Leaky roof or ceiling

 

 

Holes in carpet

 

 

Dirty carpet

 

 

Missing/Broken tiles or linoleum

 

 

Other

 

PLUMBING

 

Clogged pipes/ toilet

 

 

Bad water pressure

 

 

Dripping faucets

 

 

Leaks

 

 

Other

 

ELECTRICAL

 

Smoke detector

 

 

Exposed wiring

 

 

Short circuits

 

 

No cover plates on outlets

 

 

Other

 

 

Ö

PROBLEM

DESCRIPTION

FURNACE

 

Not enough heat

 

 

Gas leaks

 

 

Thermostat

 

 

Other

 

APPLIANCES

 

Broken stove/oven

 

 

Broken refrigerator

 

 

Other

 

INFESTATIONS

 

Mice

 

 

Cockroaches

 

OTHER AREAS

 

Bare patches in yard

 

 

Trash from previous tenant

 

 

Problem with garage

 

 

Leaky basement

 

 

Pay utility bills

 

 

Other

 

 

 

 

 

 

LEASE ADDENDUM

 

The landlord and tenant agree to add to the lease that the landlord will make the repairs

listed on this checklist by the following date:  

___________________

 

 

 

Tenant:

___________________________________________

Date:

__________________

 

(signature)

 

 

 

 

Landlord:

_________________________________________

Date:

__________________

 

(signature)

 

 

 

 

Address of rental unit:

_______________________________________________________

 

_______________________________________________________