LEGAL MATTERS: 6 Things To Do Before You Move In

Wednesday, May 15, 2013

John T. Longo, GoLocalProv Legal Contributor

Last week I gave you a Moving-Out Checklist to protect your legal rights when you move out of an apartment or rental house. Now here is a Moving-In Checklist.

Don’t Talk Like a Lawyer

If you come across as a demanding or litigious person, your potential landlord will probably make up a reason not to rent to you. So be easy-going, polite and avoid say things like ‘that’s illegal.’

Know Your Equal Housing Rights

Unless your apartment is in a small owner-occupied building (generally 4 units or less under federal law, 2 or less under MA law, or 2 or 3 or less under RI law) it is against the law for your landlord to discriminate against you based on the following:

	Federal Law	MA Law	RI Law
Race	x	x	x
Color	x	x	x
National Origin	x	x	x
Religion	x	x	x
Sex/Gender	x	x	x
Disability	x	x	x
Familial Status, *	x	x	x
Age**	x	x	x
Sexual Orientation		x	x
Gender Identity		x	x
Gender Expression		x	x
Marital Status***		x	x
Receiving Section 8		x
Receiving Public Assistance		x
Military Status		x
Veteran’s Status		x
Victim of Domestic Violence			x

* Familial status is a fancy way of saying ‘if you are pregnant or have kids under 18.’

* * Unless the apartment is in a bona fide community for people 55 and older.

*** Including if you are living with your significant other but are not married.

It is not unusual for me to hear about landlords who refuse to rent to people with kids. They usually say something like: ‘Do you have kids?’ (It’s illegal to ask.); or ‘The apartment is too small for kids.’ (You get to decide that, not the landlord); or ‘The apartment has lead so I don’t rent to kids.’ (The landlord has to make it lead-safe in RI and MA.) If have trouble renting because you have kids, get an attorney or contact HUD.

Watch Out for Illegal Fees

In Massachusetts, your landlord can make you pay the first month’s rent, the last month’s rent, the cost of a new lock and key, and a security deposit equal to 1-month’s rent. In Rhode Island, your landlord can only require the first month’s rent and a security deposit equal to 1-month’s rent. (Demanding ‘first, last and security deposit’ is common, but illegal, in Rhode Island.)

If your real estate agent helped you find an apartment, your agreement with them may mean you have to pay them a fee. If the landlord had a real estate agent, or made you deal with an agency, you do NOT have to pay their fee.

Resist paying prohibited charges like credit check fees, application fees, and pet, key, utility and cleaning deposits. But if you really want the apartment, consider nonchalantly paying the illegal fees with a separate check with its purpose written on the memo line. Then you can at least try to get them refunded after you move out.

Get (or Put) It In Writing

Verbal promises can be enforceable; the challenge is proving they exist. If your landlord breaks one, say by not painting the apartment like he promised he would before you moved in, he is a liar and he will also lie about ever making the promise. To avoid that problem, try to have your landlord put his promises in writing. It does not have to be fancy – an e-mail or a handwritten addition to the lease can be enough.

If you are afraid making your landlord put everything in writing will cost you the apartment, just put it in writing for him. For example, if he promised to paint, send him an e-mail saying “Thank you for agreeing to paint the apartment white before I move in on June 1^st. Having a freshly painted apartment is important to me so please let me know if I misunderstood what you told me.”

Inspect and Take Pictures

When you move out, your landlord may claim you damaged the apartment or left it a mess. To prevent that, take lots of pictures, or make a video, of the apartment before you move your stuff in. Don’t overlook places like the inside of the appliances, the closets, the basement storage area and the common hallways. Then drop your landlord a friendly note telling him about any problems you found.

Complete the Moving-Out Checklist

Unless you are moving from your parents’ house into your first apartment, you should make sure you did everything on the Moving-Out Checklist in last week’s column.

For More Information

In Massachusetts, the Legal Assistance Corporation helped create this excellent web site full of useful information and forms. In Rhode Island, check out this RI Legal Services web site.