Tenants' Unilateral Change to the Lease Shouldn't Be Honored

Q: My tenants signed a renewed lease but scratched out the part where it says they shall keep maintained the electrical, plumbing, leaky faucets, water heater, washer and dryer, garbage disposal, fixtures, dishwasher, etc., except normal wear and tear and structural defects.

This means that they can go at it with a hammer and I would have to replace it. Yet on the other hand, is it fair that they have to replace or pay to repair a dishwasher that goes on the blink? Is it okay to send them a request for an addendum to the lease that states that if the item was abused by them they are responsible? -- Richmond

A: First, when you sign a lease, if something is crossed out, both parties must initial the change for it to take effect. It's not a contract if your tenants just scratch something off the lease without your consent.

A typical lease will hold the tenants responsible for damage they cause but not for regular wear and tear. So, if the dishwasher stops working because it is old (and not because your tenants took a hammer to it) the landlord is usually responsible.

In a landlord-tenant relationship, the landlord is responsible for maintaining the comfort and livability of the property. A tenant rents so that he or she does not have to deal with maintenance and similar problems. As the landlord, it is only fair that you take on the responsibility for upkeep, because you are reaping the benefits of ownership.

It's fair, as you suggest, to amend the lease to reflect the more common agreement -- that the landlord takes care of the electrical, plumbing, major appliances, etc., except for damage caused by the tenant's neglect, unruliness or accident.

If you are not sure what a typical lease stipulates for landlords and tenants, ask your local housing office for a sample agreement. That way you will have a good idea of what people in your area have, over the years, decided is fair.

Q: I moved out of my apartment at the end of December and have yet to receive my security deposit back from the landlady. The contract my former roommate and I signed when we moved in basically said that any repairs she felt necessary after we moved out would be covered by our security deposit, with the balance being returned.

She has been vague throughout this process. Within 18 hours of us telling her we were moving out, she came over with her husband to "look around," although she never clearly stated where she saw things she wanted improved. And then she would say things like "We're going to replace the back screen door" but wouldn't make it clear if that's because she wanted to or because she felt we had damaged the door.

I've e-mailed her at least three times since we moved out (to keep a paper trail, just in case), and she's still vague about what needed to be fixed and when we can expect the rest of our deposit. Any thoughts on how to handle this situation? -- Washington

Q: Your landlord's part of the bargain legally is actually quite simple. In the District, she has 45 days from your official move-out day either to return your deposit or to notify you in writing if she intends to apply the money toward damage in the apartment. If your landlord does this, she then has 30 days from the day she notified you to return whatever money is left and to provide you an itemized statement of the repair costs.

A landlord cannot just willy-nilly deduct funds from your security deposit to pay for damage you did not cause. So if you didn't do anything to the screen door, or if she is planning to make aesthetic changes that have nothing to do with the functionality of the apartment or the damage you caused, she cannot deduct from your deposit.

As vague as she may be, she cannot violate the rules governing security deposits.

Another problem, typical in your situation, is that you do not have proof of the condition of the property when you moved in. Without proof -- such as a checklist signed by the landlord and yourself or photos of the apartment's condition -- your landlord could falsely accuse you of damage.

At this point, if 45 days have passed without notification, you can report your landlord to the local housing authority. You also can send her a letter telling her you expect the security deposit or a notice, as the law requires.

Then, if your landlord tries to charge you for damage you did not cause, you could threaten to go to small-claims court. That's where your paper trail would come in handy, as would any evidence that you were good tenants who treated the property well.

Q: My wife and I own a townhouse in Alexandria. We have had the same great tenant since 2004. She pays her rent of $1,750 on time with no hassles.

We have never raised the rent. However, our condo association has raised the monthly charge twice, first by $5 and now $30. We would like to raise the rent when the lease is renewed in July.

Do you think a raise of about $32 to $50 a month would be acceptable in this market? -- Indianapolis

A: Although the market is slowing down, landlords aren't abandoning rental increases. To distinguish yourself as a good landlord -- and to keep your good tenant -- make sure your increase isn't exorbitant. An increase of 2 to 3 percent is probably okay, as you have not raised the rent in three years.

However, before you raise the rent on your beloved tenant, talk to her about your reasoning. That way, you will be able to tell her that you appreciate her and that you are merely covering additional fees you have had to pay the condo association.

Big management companies may scoff at the notion of such discussions with tenants. Many will just raise the rent annually because they believe they can get away with it. But, given that you live far away and would rather not have to find a new tenant -- or worse, leave the unit empty -- you should talk it through.

Assuming you are good landlords who care for your tenant's needs and make her understand your situation, your tenant probably will not leave because of a small rent hike.

Do you have questions, comments or ideas about apartment life? Contact Sara Gebhardt via e-mail ataptlife@gmail.comor by mail, c/o Real Estate Editor, The Washington Post, 1150 15th St. NW, Washington, D.C. 20071.