Considering Moving States?
Relocating to a new state is a major life decision—one that can bring exciting opportunities, but also plenty of challenges. Whether you’ve landed a new job, looking for a fresh start, or simply looking for a change of scenery, there’s a lot to think about before making the move. Let’s explore some key leasing factors to consider before packing up and heading to rent in a new state, so you can make the best decision for your future home.
What are the Security Deposit laws?
State laws can dictate the maximum a landlord can charge along with how long they have to return it after the lease ends. These statutes will also list out additional obligations like if there are penalties for wrongful withholding or if they have to hold your Security Deposit in an escrow or interest bearing account. It’s best to know if you are moving to a more strict or lenient state as it may impact your amount due at signing or delay your funds after this lease.
Are there Rent Control and Increase regulations?
You’ll also want to consider if your new home state has rent control laws or any mandates about rent hikes during the lease. Make sure to check your new lease for how often and by how much your new landlord can increase your rent and if it is in line with any local tenant right’s ordinances. Also, check the notification period to make sure you’ll have time to absorb any new potential costs.
What are the rules for Lease Termination and/or Breaking Your Lease?
Life happens and that may cause another move for you. Be aware of the state and lease policies of lease breakage, early termination, and possibly even eviction. You’ll want to check into the required notice to vacate periods and what fees or penalties may be assessed. There may even be exceptions for the need to break a lease if you are impacted by job relocation, domestic violence, or consistent habitability issues. It’s best to prepare for these scenarios, so that you can make sound decisions if the moment ever arises.
Are there Short-Term and Subletting Policies?
This one is pretty simple - can you sublet to someone else if needed. Subletting is an easy way to deflect your cost, but hold onto the property if you are experiencing a situation with short-term impact to your life. It may also be a good way to escape a bad lease decision without getting hit with early termination or lease-break fees.
What are the Eviction Laws and processes as well as the Tenant Protections?
No one ever wants to think about the possibility of getting evicted, but if you ever find yourself in this situation, it is better to be informed. Things to know are:
How long before the landlord can file for eviction?
Are there protections in my new state for wrongful eviction?
Does this state protect you against “self-help” evictions or actions that a landlord may take to make you uncomfortable or remove you from the property without first obtaining a court-order? (ie. change the locks, cutting the utilities, not addressing maintenance issues, etc)
How long does the typical eviction process take?
Am I allowed a payment grace period and what are the rules on late fees?
Late fee assessment depends on two elements:
First: at what date are you considered delinquent? Oftentimes, a lease may include a payment date, but it is important to look for an additional statement that may provide a little cushion before fees are applied. It may look something like this, “For any payment that is not paid within 4 days after the due date, the tenant shall pay a late fee of $20.00.” This statement dictates a 4-day grace period, meaning your rent is actually due on the 5th before any late fees are assessed.
Second: Both state law and your lease’s payment policy will shape your late fee amounts and how they are applied. Check state law to understand the maximum late fee allowed. Consult your lease to understand exactly how a late fee will be applied. For example, it may be a one-time or daily fee. It may be a percentage of the amount owed or a set dollar amount. It may also increase the more delinquent the rent. It is also important to understand the order in which your payment will be applied to a past due balance. Your payment may go toward fees before it applies to the rent balance. Understanding this could save you more in fees!
What utilities are you responsible for and are there fees?
Norms vary from location to location, so make sure you know who will be paying for services like electricity, gas, water, trash, heat and internet. You’ll also want to research local laws on if your landlord can shut off utilities for non-payment and what concessions you have as a tenant if the landlord fails to keep utilities on. Finally, check to see if the landlord is trying to charge administrative fees for providing utilities.
What are the Notice of Entry laws?
This is another one that is typically documented in state law and lease policy. Make sure you know how much notice is required before the landlord can enter your unit and what restrictions exist to ensure your safety and privacy. WIth the exception of an emergency, if a landlord violates the notice requirements or enters in an unreasonable manner, the tenant can seek legal remedies, including recovering damages, obtaining injunctive relief, and potentially terminating the lease.
What are your new state’s mandates on habitability and maintenance requirements?
Although it is important to understand what leverage you do hold in the resident/landlord relationship, there are some things you often can not do. One of them is withholding rent payments if your landlord fails to act. Do not compound issues or put yourself in jeopardy by not knowing the rules. Look up your state’s laws on withholding rent and your landlord’s responsibility to provide a habitable place to live . Also, check timeframes for fixing critical repairs like heat and plumbing, specifically bathrooms!
What are the required disclosures and amendments for your new state?
Each state has required disclosures that must be provided with your rent and may vary depending on age of the home and exact location. These may include, but are definitely not limited to Lead Paint, Mold, Fair Housing, American Disabilities Act, Bed Bugs, Security Deposit holding accounts, and much more! Make sure you’ve been given all the information you need to make the best decision
And, always LeaseWisely, my friend.
