Section Eight: Other Tenant Problems
CHANGES AND IMPROVEMENTS TO RENTAL PROPERTY
The tenant must not make any "structural" changes on the rental property - for example, breaking down a wall to enlarge a room - without the landlord’s express consent. Neither should the tenant make any decorative changes (wallpaper or linoleum on the floors, for example) that the landlord may have to undo in order to re-rent the apartment. If the tenant wants to make such improvements, s/he should get the landlord’s consent in writing with a provision that the tenant will not be charged for remodeling the apartment to its original condition when s/he moves out.
After the tenant has physically attached certain items to the apartment, questions often arise over whether the tenant may remove them when s/he moves out. Paneling or windowpanes that have been replaced by the tenant would be considered "fixtures" that could not be removed by the tenant. A fixture is an article that has become so closely attached to the property that it is legally considered part of the property. Generally, ornamental changes that can be removed without damaging the apartment’s original condition are not likely to be considered irremovable fixtures. If the tenant installs shelving, for instance, the question may turn on whether the shelves are a small, portable unit similar to a piece of furniture (removable) or instead a large wall size structure heavily bolted to the walls, floor or ceiling (not removable).
In order to avoid future conflict, a written agreement should be entered and signed by both the landlord and tenant before undertaking any major changes. This agreement should clearly state whether or not the tenant might later remove the specific addition.
FIRE AND OTHER UNAVOIDABLE ACCIDENTS
If the leased premises become uninhabitable as a result of fire or other unavoidable accident, then the tenancy ends and the tenant is under no liability for further rent. The tenant is obligated to pay a proportionate amount of the normal rent for use of the apartment up to the day of the accident. "Uninhabitable" means the property must have been injured to such a degree that the equivalent of a new building would be required to make the apartment livable again (not merely minor repairs).
Even though the lease may require the tenant to leave the premises in good repair and to restore it to the condition in which s/he found it, this does not mean the tenant must erect a new building or pay for a building destroyed by fire or accident. However, if the problem was caused partly or wholly by the tenant’s fault, s/he may be liable for damages.
Landlords usually carry insurance for damage to the leased premises caused by fire, flood, etc., but such insurance usually does not cover the personal belongings of the tenant. Therefore, THE TENANT SHOULD OBTAIN HIS/HER OWN RENTER’S INSURANCE ON FURNITURE AND OTHER PERSONAL PROPERTY. Depending upon the size of the apartment and the amount of coverage desired, a renter’s insurance policy with the minimum coverage can be obtained at a reasonable price. The coverage can be purchased from a private insurance company to reimburse the tenant in the event of a loss due to fire, lightning, theft, vandalism, hail, windstorm, smoke, water, and plumbing accidents.
Tips for renter’s insurance:
- Read the policy carefully and make sure you understand all the terms of the contract. Don’t hesitate to ask questions.
- Check to make sure the policy provides all the protection you need (i.e. theft, fire, etc.).
- Realistically estimate the value of your belongings before determining the dollar amount of the coverage you need.
- Take pictures of valuables or furnishings and store these in a safe place.
PERSONAL INJURIES ON THE RENTAL PROPERTY
A landlord is responsible for physical injuries to all persons on the premises having a right to be there, caused by conditions under the control of the landlord (for example common areas such as hallways, stairs, walkways, or laundry rooms) due to the landlord’s negligence (fault). Generally, if the landlord knew or should have known of a dangerous condition that threatened the life, health, or safety of the occupants, but failed to repair it within a reasonable time, the landlord will be held negligent. In addition, the landlord’s action or failure to act when s/he had a duty to do so must have been the cause of the injury.
Whether or not a landlord has been negligent is usually a question that must be answered in a court of law. But a tenant who has been injured has the right to obtain an attorney and bring suit against the landlord if s/he believes the landlord has been negligent and the negligence caused the injury. Remember a clause in a lease that denies landlord liability for negligence is ineffective and void (see Section 3 on Lease Provisions).
CONDOMINIUM CONVERSIONS
Apartments may not be converted to condominiums unless the owner of the property has given at least 180 days prior written notice of the intent to all tenants of the buildings scheduled for conversion. A tenant may not be required to vacate his/her apartment during the 180 day period of notice except for violations of the lease which grounds for eviction and for non-payment of rent. If the lease expires during the 180 days, the tenant may continue to live there on a month-to-month basis. After receiving the conversion notice, the tenant may instead move out by giving 30 days notice.
DEATH OF A LANDLORD OR TENANT
Unless there is a clause in the lease providing otherwise, the general rule is that a lease is not terminated by the death of the landlord or the tenant. On the death of the landlord, the tenant would therefore continue in the same relationship with the person who takes over the landlord’s interest or ownership in the rental property. Similarly, if the tenant dies, his/her estate or heirs may be held liable for the rent normally owed to the landlord.
Baltimore City has enacted a local law that allows certain persons to pay rent and remain in the leased apartment on the same terms if the original tenant dies. This law applies to a surviving spouse or any member of the deceased tenant’s family who was living in the apartment with the deceased tenant when s/he died.
SALE OF THE RENTAL PROPERTY
Normally a voluntary sale of the leased premises by the landlord will not terminate the lease. If the buyer of the property actually knows or should have known of an existing lease with the tenant, the buyer will be bound by the same terms and conditions of the lease. Where the tenant is living in the apartment at the time of the sale, the buyer is presumed to have known about the lease and cannot avoid his/her responsibilities under it. In this case, the landlord-tenant relationship continues at the same rental rate and for the same period with the buyer merely substituted as the new landlord.
LANDLORD'S RIGHT OF ENTRY
The tenant has a reasonable expectation and right of privacy in the use of the rental property that cannot be abused by the landlord. The landlord’s right of entry depends largely upon the tenant’s consent or authorization in the lease or by statute. The tenant should therefore avoid signing any lease which would allow the landlord unlimited access to the apartment. (See Section 3-Leases).
Generally, the landlord will have the right to enter at reasonable times to inspect the premises, make repairs or show the unit to a prospective tenant after the original tenant has given a termination notice. If the landlord or his/her agent makes excessive or unnecessary entries, s/he may be guilty of trespassing. Some counties have passed local laws which more closely regulate the landlord’s right of access. In Prince George’s County, for example, the landlord can enter for the above reasons, but only during normal business hours (unless the tenant otherwise agrees). The landlord must also supply the tenant with 24 hours advance notice whenever possible and a written statement after the entry explaining its purpose if the tenant is not home at the time. If the landlord abuses this right of entry or otherwise uses it for harassment, the tenant has a right to terminate the lease.
In the same manner, the tenant in Prince George’s County cannot unreasonably withhold his/her consent to the landlord to enter for reasonable purposes. If the tenant in this county changes the locks to the apartment, s/he has a duty to provide the landlord with a copy of the new keys.
In Montgomery County, every lease must contain a provision stating that the landlord may enter the apartment to make repairs or supply services only after notifying the tenant and getting his/her consent. Such entries may only be during business hours except in emergencies or as agreed by the parties. However, the apartment may be shown to prospective buyers, mortgages or tenants on weekends. The landlord may also enter after notice when s/he has a good reason to believe the tenant has damaged the premises or has violated the landlord’s rights. These general restrictions do not prevent the landlord from entering during an emergency.
Many of the problems of privacy and right of entry can be resolved by reaching a reasonable agreement between landlord and tenant which respects each other’s conflicting needs.
