What Every Renter Should Know

Ed Sacks, author of "The Savvy Renters' Kit," is a certified mediator and arbitrator. He dedicates much of his time to dispute resolution and has conducted more than 1,250 mediation conferences and arbitrations hearings, resolving matters in the areas of landlord-tenant disputes, property damage, utility billing matters and more. He is also a contributing columnist for the Chicago Sun-Times.

Today, he will be taking your questions and offering advice on what every renter should know before signing a lease.

Find more career-related news and advice in our Rentals section.

The transcript follows.

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Ed Sacks: Welcome. Thanks for joining me today. I've been involved in landlord-tenant relations for more than 30 years. I live and work in Chicago, but there are fundamental similarities where ever people rent. I will not know all the local customs and laws, although I have been researching. My basic philosophy is that it is possible and beneficial to get along with neighbors and landlord and tenant. My keyboard is waxed, so let the questions rip!

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D.C.: Is there any rent-to-own housing out there?

Ed Sacks: Of course there is. While I have suggested this for tenants who are already renting with a landlord and have a trusting relationship, rent-to-own as an option can be very treacherous. Many rent-to-buy schemes start with inflated rents and inflated property prices. In many cases, rent-to-buy also has a financing option, which is equally usurious. To find such deals, check the real estate classifieds of this newspaper, and also search the internet. Be cautious.

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Rockville, Md.: Hi, I am not a renter but am looking to rent out my condo. What information do I need to request from prospective renters inorder to check their credit (besides Social Security Number)? What organizations or Websites would be recommended to use when running a credit check on a potential renter? Is it reasonable to ask for references from the potential renter. Thanks.

Ed Sacks: There are a number of local credit "bureaus" that hook up with the national collecting/reporting agencies. You might want to obtain a release to do a criminal background check (the credit bureau is the best way to get the release and do the check). That would be the best way for a single operator to run the credit check. Yes, references such as employment, current landlord are good. If the tenant lives reasonably close by, spin by the current address and visit that unit. I don't have any Websites to recommend.

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Alexandria, Va.: Hi Ed, I have lived at the same apt. for close to 20 years. When the new lease was due they raised my rent $225 saying that it's based on market rate for that day. Last week I went online to show a friend's friend about the place and I noticed that they were advertising the same unit as mine for almost $250 less than what I'm paying. Do i have any recourse?

Ed Sacks: I do not think so. You should complain to the management. You might check with the local consumer services agency or your attorney general about rent gouging. Rent controls are are a dead issue. I suggest doing market research before signing or renewing a lease. You got snookered!

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Northwest: Hi Ed,

My roommates and I are in a weird situation. We rent a house, but there is no lease that we are aware of. When someone moves out, the remaining roommates just find someone new to take the empty room. We think this has been going on since at least the mid-'90s.

The landlords do not know the names of the people who live in the house, except for the one person who writes the rent check each month.

Four of us have been living in the house together for about a year and a half and are great friends who trust each other. But we've been having trouble finding a fifth who works. How do we protect ourselves if we end up with someone who doesn't pay rent or is just so much trouble we want him or her to move out?

Is there anything else we should be aware of in dealing with this sort of a housing situation? Thanks.

Ed Sacks: Super complicated. I have a whole chapter in my book, "The Saavy Renter's Kit," that deal with this. You have to do the same background research as a landlord, plus more. In addition to my book, there are numuerous Web pages, mostly universities that have roommate agreements. Legal, you are subleasing, meaning you are a sublandlord leasing to subtenants. You are likely violating your lease by not have written permission for new people. Legal each tenant is on the hook for ALL the rent if some one defaults.

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Herndon, Va.: Mr. Sacks, what's a renter to do who has communicated repeatedly with management about the stomping above me to no avail? I'm in a first-floor apartment. I've tried speaking to the tenant, who says, "Hey, it's my kids, there's nothing I can do."

Ed Sacks: There is probably little to expect without the cooperation of the upstairs tenant and the landlord, or your patience. While we all would like to think our home is our castle, t'ain't so. "... there's nothing I can do," is a brush-off, not even an excuse. Barring the thought of abuse or neglect, where protective services should be called, this situation might be successfully resolved through community mediation. Check with a service listed with the Virginia Association of Community Conflict Resolution. http://www.courts.state.va.us/cmcl/cmcl.htm. In mediation you can learn about each other and the "travails" each is experiencing. Setting up quiet times, exploring which rooms could be "safe" and far enough away from each other, talking about carpets, and who would pay for such, changing bedroom locations for you, etc. If this does not solve things, you can keep up the complaints with the management, which has the power to request peace, but not any obligation. If you can not out-wait until the children get older and quieter, ultimately you will move out when the lease expires, find a way to legally break your lease before it ends, or have the landlord non-renew or toss you both out.

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Woodley Park: Submitting early because this is a tricky one. My apartment, in a corporate-owned building with otherwise stellar service, has been on the receiving end of under- the-floorboard pipe leaks for each of the last three summers. It's happened in every room in the house, some multiple times, and parts of floors have been replaced multiple years in a row. Basically, the air conditioning pipes are too small, back up with dirt, and spill out onto our floors. It's an incredible hassle every time it happens, even if none of our things get damaged, because of the wet-vac, floor replacement sawdust, shellac smell, and repetitive mistakes made by the repair people (part of my bedroom floor has been replaced three times in 6 weeks, the last 2 due to repair mistakes with the air conditioner/pipes).

My roommates and I think we deserve compensation for this incredible, ongoing hassle, in part because the building neglected to attempt to prevent something they knew was a problem. They've instituted new policies for the pipes for next year, but they refuse to give us a copy of the work order or to guarantee it will not happen again. Also, the compensation they are offering is, we feel, absolutely not representative of the hassle and trouble we have gone through. Everyone is being very calm about it, but we are getting increasingly annoyed at Corporate's refusal to treat us like we deserve. What are our options?

Ed Sacks: Perhaps the rents are too high for the quality you have received. Apparently the inconvenience is not great enough to induce you to move. Find a community mediation service to assist in discussions. If unsuccucessful, hire a lawyer. I think you will have a tough time getting money back.

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Laurel, Md.: My boyfriend and I want to rent a townhouse in Fredericksburg starting the first of the year. With this crisis going on should we rent an apartment instead? I don't want to pay my rent every month and come home one day to my stuff on the curb. Is it permissable to ask the landlord for proof he is paying the mortgage every month?

Ed Sacks: You can ask anything you want. Yes, you can be surprise-evicted if the landlord is foreclosed. If you fear an individual owner might go belly up, then rent in a complex that you think is financially sturdier.

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Bowie: This may not be your area of expertise, but is renting really a sensible option for many people, despite all the incentives created for home ownership? Other than those likely to move soon, those with bad credit who couldn't get a good mortgage and people who live in Manhattan, is there anyone else for whom renting is sensible financially?

Ed Sacks: This is a question for a financial planner. Your income, your immediate and long-term plans, health, family planning, all enter into this. Monetarily, there are Internet calculators that can help make a determination, but those other factors count.

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Evanston, Ill.: Is there any hope that government will scale back the 101 tax gimmicks, hundreds of billions annually, given to home owners? This country has a home ownership cult and it resulted in a huge bubble. Should renters lobby for a repeal of the "homeowner" tax incentives or demand the equivalent for renters?

Ed Sacks: I doubt that tax incentives for home purchase will abate. The lobby should be for more affordable housing. But, I doubt if the politicians, the banks, the real estate industry and every citizen who has a house to sell will let the "American Dream" be dosed.

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Arlington, Va.: How can some rental properties base their utilities on square footage? This seems ripe for overcharging. My final bill was definitely an over-charge.

Ed Sacks: This is a modified answer I wrote to a similar question in my newspaper column here in Chicago:

As utility prices climb, building managers look to cut costs. One way is to unbundle central heating from the base rent and tack on a separate heat charge, spreading a per square foot basis charge to each unit based on the building's master meter bill.

Apportioned billing of utilities is legal. In Illinois the landlord cannot mark-up the cost of the service charged by the utility supplier. This is Illinois state law. Your state may have different rules. Consult with your state commerce or public utility commission for the local law. Tacking on a modest billing fee is also legal, provided it has a rational basis.
There is a difference between the utilities benefits individuals receive, some too hot, some too cold, some too much (depending on the service in question) and some just right. The Goldilocks formula of fair apportionment can only be done by approximating actual usage. That would be with individual meters or a complex formula used together with on/off sensors in each unit radiator. register, heater, outlet and spigot.
Even when tenants can control the heat or air conditioning, monitor the lights and toaster, and flush prudently, without a direct financial correlation to their usage, there is no responsibility. Psychological studies performed several years ago revealed what I call the "Piggy Factor:" when persons are not directly paying for an item or services, they tend to use more of it. In the case of utilities, more will be used overall, and those who use more will be subsidized by those who use less.

You should have a right to know the actual cost of the gas, based on the landlord's bill. Your state law and utility commission will have that answer. Make a written request to the landlord for full information. Also, verify that your unit square footage apportionments are correctly calculated. Finally, make sure that the landlord is paying its own fair share for common area office utilities. Piling their bill onto yours without permission may violate the state laws.

If you find discrepancies, report them to your local Consumer Services agency and the Virginia State Corporation Commission, http://www.scc.virginia.gov/pua/index.aspx, 1-800-552-7945.

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Washington, D.C.: Hey Ed, I really like the old building I live in. I realize that the owners are reaping full profit in the rents -- they've had this cash cow a loong time -- and only investing what is legally required of them. However, one column of units in the building now no longer receive telephone reception via LAN line. The management is offering to run a new line in through the windows (!?). I don't like the direction things are going in -- what do you recommend for tenants of that column? One is taking them to court after dealing with Mgment and Verizon both.

Ed Sacks: I am not sure what your complaint is. Telephone landline pretty or ugly? Practically speaking, you want POTS (plain old telephone service), then let the wires fish through the window frames. You want pretty, then maybe you don't get phone service. Chances are once the service enters the unit, it can tie to the existing outlets. Otherwise, new outlets will have to be surface mounted. Do it yourself, or negotiate with the building. I suspect the alternative is to tear open walls, a too expensive proposition. If you are in court, try to get into mediation.

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Washington, D.C.: The refrigerator in our apartment broke 3 days ago. We called the landlord first thing on Monday morning and they sent someone out on Tuesday. The guy came and said he wasn't sure it was fixable, but that we should unplug it and plug it back in after 24 hours. All the food in our fridge is now ruined and it smells. Are we entitled to any reimbursement from our landlord for all the food we lost? We probably had between $150 and $200 in groceries!

Ed Sacks: I do not know. Would depend on local tenants rights laws. Start by asking for reimbursement. Generally, when the landlord supplies the appliances it is responsible for maintenance, and replacement and, maybe, consequences.

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Richmond: What's the best way for me to get all of my damage deposit back? I've heard that landlords always find something...

Ed Sacks: Well, of course the best ways to get the entire deposit back is a) cause no damage; b) pay all the rent due; c) make sure the landlord has not already spent it on bonbons; d) make sure the landlord does not go bankrupt; and, oh yes, e) say please and thank you.

More practically, I) Obtain a separate receipt for the deposit; II) Read the lease to determine for what repairs the tenant is responsible, and comply with the lease, or modify it before signing. III) Do a careful move-in walk through with the landlord/manager using a detailed check-list; IV) Take stills and videos of the unit, noting particularly any element that is previously damaged; V) Jointly sign the check-in list and retain a copy. This list will be used on move-out to compare/identify changes. VI) Do a move-out walk-through. If the difference is normal wear and tear, your money should come back.

Take detailed photos/videos of the entire rental, just in case you have to go to court later to get your money back. If there are damages, negotiate on what is fair compensation based on the cost of parts and labor. Consider the previous depreciation of damaged items, and the usual, common and ordinary preparation/improvements that are typically done to ready a unit for the next occupants.

According to Virginia law, your deposit is to be returned with 45 days after you move, along with interest, calculated at 4 points below the federal reserve discount rate set on January 1, of the year. I suspect, these days, nobody is getting interest in Virginia. See the Virginia landlord tenant law at: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.2.

If you cannot have a meeting of the minds, seek mediation through the Virginia Association of Community Conflict Resolution, http://www.courts.state.va.us/cmcl/cmcl.htm, to work this out for yourselves. As a last resort, in Richmond, go to the small claims division of the general district court. No lawyers required or allowed. Follow this link for more information: http://www.courts.state.va.us/pamphlets/small_claims.html

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Chicago, Ill.: My daughter moved into what I THOUGHT was a luxury apartment complex. Turns out the developer had to set aside some units at 60 percent market rate, and then on top of that accept Section 8 tenants in those units. So now she lives next to a gardener and a dishwasher and their two kids. These people don't even speak English, so she can't get to know them. Does my daughter have recourse against the complex for failing to disclose this issue?

Ed Sacks: There is no issue to disclose. Sounds like this is a socio-ecomonic-class problem for you. All blood is red in this county, not blue. I see no requirement to disclose this. When shopping for a rental unit, do the diligence of research. Don't want to live with working class, chose another building. Cannot speak to the neighbor, YOU learn their language. Don't let the wash from your helicopter get in the way of your child.

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Arlington, Va.: Can I negotiate how much notice I give my leasing office? I just got a job offer in another state and I can't wait 60 days to leave.

Ed Sacks: Life and death and military contracts are not negotiable. All else, including leases and even taxes are. I suggest that every applicant for a lease add to the lease a humanitarian clause that include includes exigencies for transfers, new job, school changes, divorce, illness, death of leasee, and so forth. Typically, this means a predetermined lease cancellation fee or a sublet arrangement. In Minneapolis, there is a customary option for a tenant to pay a higher monthly rent which allows the tenant to terminate on short notice without a further penalty. If these is not part of your lease, what are typical ways out of leases?: Find a replacement tenant, or pay a negotiated lease cancellation fee. Additionally, if your new employer finds it so imperative to hire and relocate you, have them negotiate and pay off the landlord's demands. In the ultimate circumstance, provided you owe no other debt, file for bankruptcy, though I suspect filing fees and legal fees will far exceed the balance of the lease. Of course, bankruptcy will have severe negative consequences on your credit ratings for the next ten years.

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Columbus, Ohio: Are there any special considerations for someone like me who is a lifelong renter in terms of retirement? Should I be saving more than a homeowner since I won't have the home equity? If so, how much more?

Ed Sacks: Another question for the financial advisor.

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To Chicago: "These people"? Amazing.

Ed Sacks: Yup.

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20036: How can the leasing company at my complex offer such cheap deals to new tenants but make me continue to pay a higher rent, plus annual increases? It seems unfair and I'd like to know how to call them on it.

Ed Sacks: Lower rents for new tenants is the equivalent of a limited sale, or "ten percent off today's purchase when you sign on for a new credit card." Just another marketing technique. While it may solve an occupancy or cash flow problem for the property, it might create existing tenant antagonism based on the perceived unfairness. Obviously, the management has either calculated, or at least hopes, that current residents will not move out based on the sale price, the rent increases and the rent differential, because it is cheaper and more convenient for residents to stay than go.

This is strictly a private business situation. First action is to talk to the manager-in-charge about renegotiating the lease offered. Clearly, if there is need to bring on new tenants with the gimmick of lower rent, it would be foolish to cause a situation where you would leave, creating an empty unit. The relative negotiating power between one tenant and the property manager favors the manager. In this case you may have to decide to move out now, or at the end of the next lease. If this practice is wide spread and well known by many tenants, form a tenants' union/association to negotiate collectively. There, the power is more equalized.

However, if this price discount is targeted to or inadvertently favors or disfavors a particular protected class as defined by civil rights or fair housing laws, this marketing scheme may have adverse consequences for the management. If you suspect this, contact a local Fair housing Enforcement Practices Agency (FEPA), http://www.civilrights.org/issues/housing/fairhousing/state-agencies.html#districtofcolumbia

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Washington, D.C.: In November 2006, my best friend and I signed a 3-year lease for a house. Unfortunately, she became ill and died in October 2007. Since the onset of her illness in March 2007, I became responsible for paying the full rent, the utility bills, and all other household expenses, including supplies for her care -- and her dogs' care -- on my own. (With the consent of my landlady, I have since found new housemates who help with some of these expenses.) (1) What advice can you give to friends who co-sign a lease and want to protect each other from the kind of financial burden that fell on me when my housemate was no longer able to pay her share of the bills? For example, should we have drawn up some sort of contract between ourselves? (2) Does my friend's adult son (her only survivor) have any responsibility for paying her outstanding debt? Or does her ex-husband (who was supporting her through alimony while she was alive) have any responsibility? (She, her ex-husband, and I had been friends for 40 years.) Thank you.

Ed Sacks: Condolences for your loss. I love lawyer questions, but I am not one. Yes, drawing up a financial responsibility agreement is a fine thing for roommates (see an answer above re: roommates). However, the only responsibility (I think) is on the decedant's estate. Son and ex are likely off the hook. Leases are always "joint and several" meaning each person is totally responsible for all the rent in case one person defaults (or dies). Talk to a lawyer.

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Beltsville: To avoid being put in a position like Alexandria's (being blackmailed into a $225 increase or moving) is there such a thing as rental rates based on a published index, like adjustable mortgages do?

Ed Sacks: I do not think so. The market sets its own rates, so use the classifieds at the Post, or do Internet searches on rental sites to see what the rents are. Closest easy look at rent markets might be on the HUD.gov site which in its maze of pages will show the FMR (fair market rates) it authorizes under the rent subsidy/section 8 program. However, these rates may actually not reflect true activity.

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Arlington, Va.: My wife and I own a townhouse-style condo. Currently we charge a below-market rent, something we'd like to do to in some small way foster affordable housing in Arlington. Do localities sponsor programs to help small landlords like us continue to rent at below-market rates?

Ed Sacks: Check with your city and county departments of housing, and with the local property taxing bodies. In Chicago, affordable rent landlords get significant property tax breaks. And, thanks for hold down the rents.

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Greenbelt, Md.: There are at least 8 people living in the one-bedroom apartment next door to me. Isn't there a law against that?

Ed Sacks: Yes there is. Chapter 4, Article III, Division 4, Subdiv. 4. Occupancy Limitations, §§ 4-187--4-196 of the Greenbelt city building code. The code refers to "bedroom, " Greenbelt may allow the use of other rooms for sleeping purposes as long as the square footage and privacy/access requirements are met. The regulations included, as stated in the Greenbelt building code are:
"Area for sleeping purposes. Every bedroom occupied by one (1) person shall contain at least seventy (70) square feet of floor area, and every bedroom occupied by more than one (1) person shall contain at least fifty (50) square feet of floor area for each occupant thereof.

"(2) Access from bedrooms. Bedrooms shall not constitute the only means of access to other
bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces, except for units that contain fewer than two (2) bedrooms."
http://www.greenbeltmd.gov/city_government/city_code/chapter_4.pdf
People overcrowd as you described, for economic reasons. Sometimes a large family crams together, but more often, occupants "double-up:" unrelated workers living together, or several displaced smaller families or groups of friends shoe-horning. While our culture frowns on overcrowding to the degree it defines it and prohibits it, over-crowding can create health dangers and safety concerns with its cultural baggage. It can also accelerate the wear and tear on the rental property, and there is the possibility of neighbor disturbance.

If you are so motivated, speak first to the landlord. If you are not satisfied with its response, then call the Greenbelt Department of Planning and Community Development for an inspection of the unit, (301) 345-5417, or make a request on-line: http://www.greenbeltmd.gov/planning_code/Rental%20App.pdf. Recognize that those residents will likely be turned out, may become enmeshed with immigration authorities, might become homeless, and the landlord will likely sustain fines.

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Washington, D.C.: Mr. Sacks,

Mice problem in our rental SFH with a big yard. The management company says pest control is tenant responsibility according to the lease. However we've had this issue since just a couple of month after we moved in. Isn't it the landlord's responsibility if mice were there before we moved in? I think if the landlord/mgmt co can prove the house was mouse-free before we moved in then i'd be willing to pay for treatments. Thoughts?

Ed Sacks: I am not familiar with the DC rental laws, but I suspect that a building wide infestation is the landlord's responsibility. Contact the DC housing inspector and ask for help. In CVhicago, tenants in a building with this problem are allowed to call in the exterminator and deduct the cost from rents, after tenants give a written jnotice and wait 14 days for the l/l to act. Also check with TEBAC, the local tenants' rights group for information.

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Washington, D.C.: I've been in my current apartment for four years, and my landlord is great, we get along and he's said at every lease renewal that he's happy with me as a tenant. The carpet was pretty badly worn at the time I moved in, and the normal wear-and-tear of the last few years means it now looks pretty icky. As a tenant, can I ask my landlord to replace it? Or is that going too far?

Ed Sacks: Yes, you can. "Icky" of course is a matter of opinion, and a fair basis to make a polite request. It is good that you have a good relationship with the landlord, since that should make it easier and more comfortable for the two of you to talk. Set up a congenial atmosphere: I suggest inviting the landlord over not only to view that carpet, but for coffee or wine and fancy cakes. Argument in favor of granting your request is that you have been a good tenant, and want to continue to rent this unit. While today the carpet may only be icky, it quickly will turn to shabby, and then to torn. At that point, it can become a liability for you and the landlord. Now, before problems, is a good time to address this. Further, if you chose to leave it is likely the landlord would have to replace the carpet before the unit could be re-rented. Of course with re-renting, there is uncertainty to the landlord about what rent the market would bear, and the uncertainty about the successful relationship between the new tenant/unit/landlord/tenant longevity/retention.

As an encourager, you could offer to contribute to the new carpet, in return for an extended year lease at a comfortably fixed rent rate, or a reduced rent, or reimbursement. You could offer to do the shopping and make the arrangements, leaving only a final approval of the carpet and price, and vendor payment.

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Pets: Pet deposits I've heard of, but pet rent? I just signed a lease where I have to pay $25/month in "pet rent." Am I being bamboozled?

Ed Sacks: No, not bamboozled, but pilfered. I suspect this is just another way to squeeze a few more dollars out of a tenant. The more a person wants something, the more she is willing to pay for it, the more he is at risk of over paying. The same red sports car sell higher than the white one in this country when the buyer MUST HAVE the red one. You want a pet, you want to live with your pet, you want the rental unit? Any good leasing sales person, or property manager policy maker understands you can be soaked a little more. I cannot think of what Fluffy can do that adds extra expense to the rental. For damage, that's what the pet deposit is for. The only thing that might make sense, from the landlord's point of view, is that if Fluffy "violates" the lease, Fluffy can be terminated or evicted.

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Manassas, Va.: I am currently leasing an apartment that went into foreclosure and was recently purchased buy new owners during an auction. We were told by the previous property owners that our leases would be honored by the new owners. What course of action can we take if we want to terminate our lease now?

Ed Sacks: This is a legal question that requires a lawyer's opinion. I suspect that rental leases are subject to cancellation on foreclosure. Your lease may have such a term in it. If not, state law will apply. In most cases, the successor to the owner, be that the bank, or a new purchaser through normal or judicial sale demands possession and pays the tenant to leave or evicts. Best practical move for you is to call the new owner and ask what it intends. Ask what is the status of your current lease. Request the response in writing. If it tells you it will issue a new lease, assume the old lease is void, giving you the opportunity to leave. Your lawyer will explain to you the law, the lease and your renters status based on these and the new owner's response. Then you will know what you can do or expect. Foreclosed tenants may have special rights. Check with your Attorney General Consumer Service department to learn about eviction in you state and county.

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Upper Marlboro, Md.: Now that the market is down, the homes in my area and on my street are renting for far less than I am paying. I moved in last February. Are there laws put in place that would allow me to go back to my landlord and as for a reduction based on the comps in my area? The owner does want to sell, however, there's so many townhomes around us for sale, I don't think a sale would happen right away. I like the house, but not sure I would purchase and I can't purchase because I foreclosed on my home. What can I do?

Ed Sacks: Nope. No laws. Try to negotiate a lower rent. I doubt your landlord, on the face of things, would amenable. Your power to lower rents may reside in extending your current lease for another year, or terminate your lease when it expires and move to a cheaper unit in the area. If you want to get exotic, perhaps you can modify your renting lease to a lease to purchase arrangement, with the landlord being the financier with a "take back" situation. Such arrangements can be tricky, and the landlord's mortgage may not allow this. Do this with a real estate knowledgeable and TRUSTWORTHY lawyer.

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Rockville, Md.: My landlord was foreclosed on. I intend to file a complaint in small claims court for my security deposit. What is this process like, and what can I expect? It's a signficant amount of money.

Ed Sacks: This is a legal question that requires the answer of a Maryland lawyer. At least one federal court in Chicago has held that the holder of a security deposit has a fiduciary responsibility to protect it and pay it back. However, this ruling is not precedent elsewhere. If your landlord is in foreclosure because of lack of funds, squeezing the turnip might not produce juice. If bankruptcy is involved, file a claim in federal bankruptcy court and stand in line with the other unsecured creditors.

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Washington, D.C.: I have been in my apartment for 11 years. Every May through August I have two buckets in my living room to catch the water that leaks. My son, his father and I dump the water regularly. Every September management cuts out a hole in the ceiling and replaces that small section. What can I do? Shouldn't they have to check for mold, or something? I called the housing inspector and they have been out twice. Management has done nothing. HELP!

Ed Sacks:
The Washington Post provides answers to common legal questions for renters in the District of Columbia. See this link: http://www.washingtonpost.com/wp-adv/classifieds/rentals/dcfaq.htm#how
After obtaining the "Tenant's Guide to Safe and Decent Housing," from the DC Housing Regulation Administration, follow the booklet's suggestions.

If I were you, I'd make a complaint to the building inspector the first day in May after the leaks start. Consult with TENAC, (http://www.tenac.org/ ) a DC citywide tenants' advocacy group, (202)-628-3688 or tenacdc@yahoo.com or a tenants' rights lawyer about other actions you can take to either reduce rents, repair the problem and deduct costs from rent, or other legal actions. Consider using a local community mediation center to talk things out with your landlord.

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Stafford, Va.: Ed, thanks for the chat. As a landlord, I'd like to know how many tenants actually READ the lease before they sign? I assume that tenants have and wouldn't rent my place if they didn't understand the rules. If my lease clauses don't suit you, negotiate or walk away. Signature is consent.

Ed Sacks: If certain clauses in a lease are particularly important. I suggest they by highlighted and an added rider containing the words "I have read and understand the lease, especially I have read and understand clauses x, y, z)." Talk to your lawyer about the best language for you.

I doubt many applicants read leases. While this can be to their detriment, it is not likely applicants can understand the arcane terms contained in most lease documents. Leases are considered "contracts of adhesion," meaning that with the parts you want (possession of the unit, specified rent) come other terms that "stick," such as liens on their personal property, or paying the landlord's lawyer in case of a law suit, or the acceleration of rent on default, or repairs, late fees, special deposits, or, or, or. Tenants, generally perceive themselves in a weak possession in negotiating for an apartment, and think that if they put up too much of a fuss, they will be rejected. I also suspect that most landlords could not make significant modifications to own their leases without a lawyer. Large property manager operations are too rigid and hierarchical to make changes. It is not true that just because the applicant signs the lease that it is enforceable in its entirety. Statutes, equity-at-law and case law can intervene.

Market conditions also enter in the equation of reading the lease, negotiating a lease. In a buyers' market, rest assured that tenants will read and negotiate, since they perceive they have power to bargain.

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Alexandria: On the other hand, maybe your daughter could learn a thing or two from living next to a dishwasher and gardner, such as that people aren't all that different, learning a little bit about a different culture/language can be rewarding, having a blue collar job doesn't make you less of a person, being an elitist snob is not something to aspire to, etc. etc.

Ed Sacks: I agree.

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Falls Church, Va.: Hi Ed, I am thinking of renting out my home when I move instead of selling. I don't want to rent to anyone who smokes, has pets or children. Am I allowed to do this? Are there any websites that will give me advise as to what is discriminatory?

Ed Sacks: No. It is illegal to refuse to rent to families with children under 18. Check the HUD Web site under Fair Housing. Also contact your local fair housing or civil rights agencies.

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Ed Sacks: I thank you all for such excellent questions (minus one). I am sorry that I cannot answer all of them. My time has run out, the wax has rubbed off the keyboard. Keep reading the Post for some of the answers, and contact your local tenants' rights NFP, real estate associations, and government agencies. And, oh yes, be nice to your landlord or your tenant, remember, you are symbiotic partners.

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