Important Decisions Demand Accurate Information

Security Deposit:

• Security Deposit Maximum: equal to 3 months of rent
• Security Deposit Interest: No Statute
• Separate Security Deposit Bank Account: No Statute
• Pet Deposits and Additional Fees: No Statute
• Non-Refundable Fees: Landlord must disclose and explain any non-refundable fees (which are allowed for cleaning) in the rental lease agreement.
• Deadline for Returning Security Deposit: 30 days after lease termination/Tenant moves out
• Require Written Description / Itemized List of Damages and Charges:Yes
• Record Keeping of Deposit Withholdings: No Statute

Lease, Rent & Fees:

• Rent Increase Notice: 45 days or, in the case of any periodic tenancy of less than 1 month, 15 days in advance of the first rental payment to be increased
• Late Fees: No Statute
• Prepaid Rent: No Statute
• Returned Check Fees: No Statute
• Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes
• Tenant Allowed to Repair and Deduct Rent: Yes
• Landlord Allow to Recover Court and Attorney’s Fees: No Statute
• Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes
• Hold-over converts to Month-to-Month: Yes, unless tenant pays weekly, then it converts to Week-to-Week

Notices and Entry:

• Notice to Terminate a Lease – Yearly Lease: No Statute
• Notice to Terminate a Lease – Month-to-Month: 30 days
• Notice to Terminate a Lease – Week-to-week: 7 days
• Notice of date/time of Move-Out Inspection: No Statute
• Tenant Eviction Notice for Nonpayment: 5 days
• Eviction Notice for Lease Violation: 5 days, but must fix the issue within the first 3 days or Landlord can file for eviction.
• Required Notice before Entry: 24 hours
• Entry Allowed with Notice for Maintenance and Repairs (non-emergency): 24 hours
• Entry Allowed During Tenant’s Extended Absence: No Statute
• Notice to Tenants for Pesticide Use: No Statute
• Emergency Entry Allowed without Notice: Yes
• Lockouts Allowed: No
• Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Rules:

• Tenant has the right to display the flag of the United States of America
• Landlord must include verbiage in the lease
• Landlord must provide a completed move-in checklist stating the inventory and condition of the dwelling at the time the tenant takes possession.
• Landlord must inform the Tenant in writing, if the property is subject to a pending foreclosure.
• Landlord must explain, in the Lease, the conditions upon which the deposit will be refunded.
• Other than normal wear, the premises will be returned in the same condition as when the tenancy began.
• Special Protections for Domestic Violence Victims: No Statute
• Examples of retaliation include filing an eviction lawsuit, terminating a tenancy, refuse to renew, increasing the rent, or decreasing services.
• Retaliation is assumed if the Landlord takes such action after Tenant complains to the landlord about unsafe or illegal living conditions.
• Retaliation is assumed if the Landlord  takes such action after Tenant complains to a government agency, such as a building or health inspector, about unsafe or illegal living conditions.
• Retaliation is assumed if the Landlord takes such action after a Tenant joins or organizing a tenant union, for the purpose of presenting his/her views.
• Retaliation is assumed if the Landlord takes such action after Tenant exercises a legal right allowed by your state or local law.