Moving into a bachelor (or bachelorette) pad with your closest friends is one of the best parts about college life.
So what do you need to know to keep you out of landlord-tenant law trouble?
Here are some do's and dont's before you move into a rental property:
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Do choose your roommates carefully. Most lease agreements in State College are "joint and several" leases.
This means that if one roommate breaches the lease agreement, all of the tenants are considered to be in breach.
For example, if four roommates rent a house together and one roommate doesn't pay rent, the landlord is not limited to suing just that one deadbeat roommate; the landlord has the option of suing all of the roommates collectively for non-payment of rent.
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Don't think you are free from legal obligations so long as you never move in.
Your obligations as a tenant begin from the day you and the landlord agree to the lease -- written or verbal.
This is true even if the lease term does not begin until a future date.
If you signed a lease, for example, in February for a lease term beginning in August, you are obligated to the land-
lord regardless of whether you move in or not.
Lease agreements are consumer contracts and the rights and obligations begin immediately.
Not only do you have an obligation to pay rent once you take possession of the property but also you have an obligation to take possession upon the lease term's start date.
(By the same token, landlords have an obligation to give you possession upon the lease term's start date and can be liable for damages you suffer if they are unable to do so.)
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Do make sure you have a written lease agreement.
While a lease does not have to be in writing to be enforceable (verbal leases are enforceable in Pennsylvania), it is generally in everyone's best interest to have the agreement put on paper.
The written document is the evidence of your agreement. Without it, any disagreement regarding your rights or the landlord's rights becomes ripe for litigation.
Written leases make expectations clear and minimize potential confusion and conflict.
Remember to review the rules and regulations that may be incorporated into your lease (these sometimes are set forth in separate documents but are generally binding nonetheless).
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Don't move your personal belongings into the rental property until you've taken photos to capture the condition of the property. The cliché is true: A picture is worth a thousand words. Chances are, you will never need the photos.
However, when it comes time to move-out, there is often good reason for landlords to doubt the "it was like that when I moved in" excuse for damages.
Date-stamped photos can be just what you need to prove that cigarette burn in the carpet or dent in the door was there before you moved in and save you from security deposit deductions.
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Do send your landlord written notice of any damages that need repaired and be patient.
In addition to specific provisions that might require a landlord to provide internet, cable, etc., every residential lease in Pennsylvania contains an implied warranty of habitability.
If you think the landlord has breached either a specific lease provision or this implied warranty, you need to notify the landlord of the problem in writing and give the landlord a reasonable amount of time to fix the problem.
If the landlord fails to correct the problem, tenants have a number of remedies available (like terminating the lease, fixing the problem and deducting the costs from rent due, etc).
Jennifer Kristin Wagner has practiced real estate and landlord-tenant law in State College since 2007. In addition to her law practice, she is a Ph.D. Candidate in anthropology. For more information on landlord-tenant law, visit her blog at palegalpad.blogspot.com.
