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LAW IN AMERICAN SOCIETY

LAW IN AMERICAN SOCIETY. APARTMENT LIVING NOTES. Living In An Apartment. 1. Tenant’s most important duty: Paying the Rent a. (House) Mortgage : Loan to cover the remainder of house cost after down payment ( 10% – 20% of purchase price).

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LAW IN AMERICAN SOCIETY

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  1. LAW IN AMERICAN SOCIETY APARTMENT LIVING NOTES

  2. Living In An Apartment 1. Tenant’s most important duty: Paying the Rent a. (House) Mortgage: Loan to cover the remainder of house cost after down payment (10% – 20% of purchase price)

  3. 2. Rent Control: Limits on how much landlords can raise rents a. Laws passed by city councils, village boards b. Some type of percentage increase 1. Tied to cost of living, inflation, taxes

  4. 3. Housing Codes: Set minimum standards for repairs and living conditions a. Courts enforce notion that a Warrant of Habitability is implied in every lease: 1. Landlord promises to provide a place fit for human habitation

  5. What Tenants Can Do When Something Is Wrong Right to Quiet Enjoyment: Right to use and enjoy property without being disturbed a. Most basic right of the Tenant b. Have whether stated in the lease or not c. Must be reasonable; always will be some noise when sharing space

  6. 1. Complain to the Landlord a. Tell Verbally first, then write a letter b. Always keep a copy if need to build a case

  7. 2. Tenant Organization a. Consult other tenants – Unified Front for better results b. Tenant Organization might consult legal aid

  8. 3. Complain to Government Agencies a. Request a Housing Inspection b. Landlord can be fined or loose license to rent

  9. 4. Rent Withholding a. States that recognize Warranty of Habitability might give tenant right to withhold rent if landlord won’t make repairs b. AKA a “Rent Strike” c. Very Serious Step: Might Lead to Eviction in Court 1. Always consult a lawyer first

  10. 5. Suing the Landlord a. May sue for repairs, or return of paid rent b. Court very costly

  11. 6. Moving Out a. Abandonment: Tenant ignores the lease and moves out 1. Might not be justified legally b. Constructive Eviction: tenant can legally break lease because property is so run down & unlivable

  12. Eviction 1. Legal process of removing a tenant from the property a. Can’t just throw you out! Must file a case in court

  13. 2. Retaliatory Eviction: Landlord tries to evict tenant(s) who complain / organize a. Illegal in most states

  14. 3. Squatter: Person living in a building illegally

  15. Housing Discrimination 1. Real Estate Agents sometimes guilty of Steering: Directing Renters to certain areas because of their race, income, religion etc.

  16. 2. Redlining: Bank refusal to give loan / mortgage for home purchase in certain neighborhoods

  17. a. Community Reinvestment Act 1977: Stop lenders from routinely rejecting applications for purchase in low-income / minority neighborhoods

  18. 1. Banks can’t expand unless can prove makes loans to fund low- income housing

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