TENANT - LANDLORD RESOURCES

    LEASES: BEFORE YOU SIGN THE BOTTOM LINE    (pdf version)

       A lease is a written agreement between you and the landlord stating all of the key items that you and the landlord agree upon about you living in the rental house or apartment. A lease is your legal protection while you are living in that home. It should clearly describe the responsibilities of the tenant and the landlord. The lease usually includes:

• The date you move in
• The length of time the lease is in force (year or number of months of the lease)
• A description of the property you are renting (address and apartment number)
• Dollar amount of rent to be paid
• The dates the rent is due (first of month or some other time)
• How the rent will be paid (cash, check, voucher, etc.)
• The dollar amount of deposit which may be require, what it covers, and under what conditions it can be lost (first and last month rent, security deposit, etc.)
• Who pays for what—utility bills, garbage removal, repairs, cleaning, electrical & plumbing, snow removal, etc.
• The conditions under which the rent may be raised
• A statement prohibiting, or allowing, guests for an extended period of time
• Right of entry for the landlord into the rental unit (for repair work, emergencies, to show prospective renters)
• How and when your security deposit will be returned when you move out
• The conditions by which you can (or cannot) sublet to someone else
• A statement regarding pets
• The signatures of the landlord and the tenant, and the date signed.

             Before signing, read the lease clause by clause, and be sure you understand all the provisions. You and the landlord should inspect the unit together and note on the last page of the lease anything that is wrong and any repairs which need to be made. (See "Security Deposit Inventory" below.)

        You and the landlord should both put your initials and the date next to any changes or additions to the lease. You should not sign the lease until it contains all the agreements made between you and the landlord. Finally, you and the landlord should each receive a copy of the lease which you have both signed.

          See a Model Residential Lease.

 

Deposits

Here are some things to look for:

•  The Cleaning Deposit - it is a separate deposit that allows the landlord to use the deposit to clean or paint the dwelling after you move. In a large number of cases, the landlord does not refund this deposit.
  
•  The Damage Deposit - must be returned when you leave the premises unless you, the renter, caused physical damage beyond normal wear and tear or caused economic damage by failing to give adequate written notice about moving.
  
•  The Security Deposit - is sometimes used interchangeably with the damage deposit; however, some additional complications may appear under a security deposit. For example, you may be required to rent the dwelling unit for a specified period of time before the deposit will be refunded. Read your lease carefully to see if it contains any provisions, reservations or conditions affecting the refunds of deposits.

         Laws regulate how a deposit is held by the landlord or how it is to be refunded to the tenant. These laws cover items such as interest on the deposit and money damages to tenant for improper withholding. See the NYS Tenants Rights Guide for specifics.

 

SECURITY DEPOSIT INVENTORY   (pdf version)

      Before moving into a rental unit, work with the landlord to complete this checklist to document the contents and their condition. Note items that are missing and detail specifically all damages noticed. Complete this inventory just prior to taking possession of the property.

      Make and sign a list of any agreed upon repairs that are to be done. Both you and the landlord should sign and date these documents. Be specific. Keep the originals with your lease. Make a photocopy for the landlord. As further protection, take photos of the interior of the unit before moving in.

      When moving out, revisit this inventory with the landlord. Each of you should again sign off on it. Also take pictures before leaving in case questions arise later.

	NEW	USED	DAMAGED	NEEDS  REPAIR
KITCHEN:
Disposal
Range/Oven
Refrigerator
Sink
Dishwasher
Electrical Outlets
Lighting
No Exposed Wires
Cupboards
Condition of Countertop
Walls
Floors
Ceiling

	NEW	USED	DAMAGED	NEEDS REPAIR
LIVING ROOM:
Floor/Carpet
Walls
Ceiling
ElectricalFixtures
Windows
Drapes/Shades
Storm Windows
Furniture  (List)

	NEW	USED	DAMAGED	NEEDS REPAIR
BEDROOMS:
Floor/Carpet
Walls
Ceiling
Electrical
Fixtures
Windows /Mirrors
Drapes/Shades
Storm Windows
Furniture  (List)

	NEW	USED	DAMAGED	NEEDS REPAIR
BATHROOMS:
Floor
Walls
Ceiling
Electrical Fixtures
Sink
Shower/Tub
Toilet
Mirrors
Windows / Ventilation
Drapes/Shades
Towel racks
Toilet paper holder

HOW TO MAKE AN EFFECTIVE COMPLAINT WHEN IT INVOLVES A RENTAL ISSUE   (pdf version)

• IDENTIFY THE PROBLEM. It is important to be very clear about the nature of the complaint.
  For example, security deposit, heat, or property maintenance.
  
• ORGANIZE THE DETAILS. Be specific on when, where, and time that the problem occurred.
  If possible, take pictures of the problem.
  
• KEEP A FILE of all your efforts to resolve the problem. It should include the names of the individuals you speak with, and the date, time, and outcome of the conversation. 
  
• CONTACT THE OWNER OF THE PROPERTY. Call or write the owner and state the problem and ask for
  a time frame for the corrections to be made.
  
• BE PERSISTENT. Call the owner back if the problem hasn't been taken care of in the time frame that was given.
  
• IF THE OWNER HAS NOT RESPONDED, call the local Building Department or Code Enforcement Officer and make a formal complaint. The inspector will follow through with the complaint and if valid, will contact the owner to ensure all the necessary repairs are made.
  

• In the City of Ithaca, the Building Department can be reached at 274-6508;

City of Ithaca Building Department
City Hall
108 East Green Street
Ithaca , NY 14850

 

SETTLING LANDLORD - TENANT DISPUTES  (pdf version)

        Disputes often arise between the landlord and tenant over maintenance and repairs, sanitation, and return of the security deposit. Responsible landlords and tenants will work together and resolve disputes. Unfortunately, not all disputes are easily resolved, and you may require outside assistance. Below is a list of problems and agencies that may assist you in resolving those problems.

Disputes Involving Repairs and Maintenance
       Housing codes protect the health, safety and welfare of residents through a set of basic and uniform standards. These codes govern the facilities and condition, use, occupancy, and maintenance of residential premises, and thus work to prevent housing deterioration. The housing code may set standards for heating and plumbing systems. If you have a complaint concerning maintenance and live with the City of Ithaca, the housing code may protect you. Call 274-6508 for information.
Townships or villages may also have a housing code. Local town, or village clerks will be able to help you.

Disputes Involving Possible Health Hazards
       In any area where a danger or hazard to public health exists because of housing conditions, the Health Department may intervene. Examples of heath hazards include problems with rodents, pests and sewage disposal. Contact them at 401 Harris B. Dates Drive (274-6688).

NOTE: UNFORTUNATELY, YOUR PROBLEM WITH REPAIRS MAY NOT BE VIEWED BY EITHER THE BUILDING OR HEALTH INSPECTORS AS BEING SERIOUS ENOUGH TO CONSTITUTE A CODE VIOLATION. YOU MAY NEED TO SEEK CONFLICT RESOLUTION OR LEGAL ADVICE.

Disputes Involving the Security Deposit
       The best way to resolve a dispute over the security deposit is to come to an agreement (preferably in writing) with the landlord before you move in stating the condition of the apartment and circumstances under which the deposit will be withheld. (See 'Before You Sign The Bottom Line' and 'Security Deposit Inventory'.)

       Another option for those tenants who are in dispute with their landlords is the Community Dispute Resolution Center located 120 W. State Street (273-9347). Trained mediators bring all parties together to discuss issues related to the conflict and to help them resolve the issue. They will deal with most areas of landlord-tenant disputes. There is no cost for this service, but donations will be accepted.

       The Small Claims Court is a place where an individual can go to recover a security deposit. You do not need to be represented by a lawyer. In Ithaca, the City Court, 120 E. Clinton St., hears small claims on Wednesday mornings and one evening each month. In towns outside of the city, town justices may hear claims.

       To begin a suit in Small Claims Court, you must go in person to the court clerk’s office. A small fee will be charged to pay for the claim and handling of the mail. You do not need to bring your evidence in order to file a claim, but be prepared to tell the clerk who you want to sue, for how much, and their exact address.

       For information and more publications about renting, landlords and tenants can call the Consumer HelpLine at Cornell Cooperative Extension of Tompkins County. The HelpLine is answered by volunteers trained to help both tenants and landlords deal effectively with their problems. The Consumer HelpLine, at 272-2292, is free and open Monday—Friday from 10 AM to 2 PM.


RETURN OF SECURITY DEPOSITS

       The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter (usually considered 4-6 weeks). In the City of Ithaca, the time limit is within 30 days.

       A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent.

      If you do not receive your security deposit within this time, or if you do not agree with the assessment of damages or cost of repairs, tenants should first try to resolve the issue with the landlord before taking other action. If a dispute cannot be resolved, tenants may contact the local office of the Attorney General, or file a Security Deposit Complaint Form with the NYS Attorney General's office; they may seek mediation through the local dispute resolution/mediation agency; or as a last resort, may take the landlord to Small Claims Court. In Tompkins County, more information and assistance can be obtained by calling the Consumer HelpLine at (607) 272-2292.