Chapter 1: Finding a Place to Live

Where to Look
It is usually a good idea to look at many rental properties before you choose one, even if you like the first one you see. There are lots of ways to find a suitable place to rent.
Once you have located a unit that you think will be appropriate, take your time to thoroughly consider everything about the rental unit. Does the landlord seem fair and reasonable? Are you confident that they will keep the place in good repair? What do the neighbors and other tenants say about the reliability of the landlord?
Newspapers
The classified ads in local and campus newspapers are a valuable resource for finding a place to live. The Sunday edition of your local daily paper usually carries the most ads. Good places are rented quickly,so it is a good idea to pick up the paper early in the day to increase your chances of being first in line to contact the landlord. Many newspapers also have additional classified listings online that are not carried in the print edition.
Online Bulletin Boards
A popular resource for finding rental properties is online bulletin boards such as Craigslist. In addition to browsing posted listings, you may post under categories such as “Housing Wanted” and describe your needs and allow landlords or roommate seekers to respond. Keep in mind that most online sources are not regulated and scamming may occur. Use common sense to avoid potential problems. Depending on the area in which you want to live, timing can be critical. It is a good idea to use websites that are updated regularly and to check them often so that you can be among the first to look contact a poster.
Tip: If you don't have internet access at home, check your local library. Most public libraries provide computer terminals with internet access free of charge.
“Offline” Bulletin Boards
Another useful resource for rental seekers is bulletin boards found on many college campuses and retail stores, such as coffee shops, book stores, and local groceries.
College Housing Offices
Most colleges have housing offices with listings of apartments and houses for rent around campus.
Signs
Many landlords will not advertise, but will place signs in their windows or lawns instead. This is an especially helpful way to find a place to live if you know the specific area you are looking for. Driving, biking, or walking around a neighborhood you would like to live in is a great way to find rental opportunities. Be sure to bring a notebook so you can take notes and write down phone numbers for the places you see as you go.
Property Management Firms
Many apartments and houses are managed by Property Management Firms, who handle renting for owners who may or may not live in the area. Some are large and handle multiple properties, while others handle single family homes and smaller complexes. If you respond to an ad for a rental and it is already rented, ask if you are calling a property management firm and if they have any other vacancies.
Word of Mouth
Many dwellings may rent before they are ever advertised. Mention to your friends and colleagues that you are looking for a place to live. They may be able to alert you to upcoming vacancies. They may also be able to tell you if a landlord is a responsible and fair one.
Affordable Housing
There are some units of affordable housing available, where tenants pay about a third of their income for rent. You can find affordable housing providers in your area by looking in the blue pages of the phone book for “Housing Authority”, or ask your local social service agency if there is a Community Development Corporation (non-profit landlord) in your area.
Credit Checks
Many landlords will check your credit history to see if you typically pay your bills on time.
Tip: Tenants should get a copy of their own credit report to verify that everything included is accurate before they apply for housing. You are entitled to one free credit report per year from each agency. (See Appendix C for contact information and instructions)
Credit reporting agencies collect information about you from various sources. Such information may stay on file for up to 10 years and may include:
- Your name, current and former addresses, Social Security Number, birthdate, current and former employers, type of job, income, spouse information, and whether you rent or own your home;
- Dates that you opened your credit accounts, or took out a loan, and the terms of the accounts;
- Attempts to get credit, car loans, insurance, mortgages, etc.;
- Account balances, past due amounts, how often you pay late;
- Your biggest loan ever received and any limits on your credit card accounts;
- Bankruptcies, lawsuits, court judgments, liens, write-offs or repossessions.
If you are refused housing, or anything else, because of information on the credit report, you may obtain a free copy of your report by requesting it from the credit reporting agency (in addition to your annual free credit report). You may also submit a personal letter of explanation to your file. Be careful in what you say when you do this, and make sure you take responsibility for any mistakes you may have made. You can also dispute any items that you don’t think are supposed to be there. If the landlord charged an initial screening fee, he or she should have already provided the name and address of the credit bureau as required under the Federal Fair Credit Reporting Act, otherwise see Appendix C for agency contact information.
Tenant Screening Services
Some landlords use a tenant screening service to help them select tenants. These services not only have access to your credit history, but may also be linked to a database that can access the courts records of evictions, divorces and small claims activities.
Landlords must give tenants a sheet with their screening criteria before charging a screening fee. Be sure that you can pass the criteria before paying an application or screening fee.
If you know that you won’t meet the criteria, but have good reasons why you don't meet them, ask if the landlord will consider your explanation. Many landlords will adjust their criteria for an honest explanation. You can also ask if there is anything you can do to increase your chances. For example, sometimes offering additional references can offset a negative reference from a past landlord. The landlord may, however, charge an additional deposit for the added risk.
Tenants should be honest and fill out all applications completely, neatly and accurately. Landlords can reject an application that is incomplete, inaccurate or falsified. In some situations, they may also end a rental agreement after the tenant moves in if they find that the application contained false information.
If a landlord denies an application for a rental agreement based in whole or in part on a tenant screening company or consumer credit reporting agency report on that applicant, the landlord must notify the applicant of that fact at the same time that the landlord notifies the applicant of the denial. If a tenant is rejected because of a credit report, the landlord's only obligation is to tell the tenant the name and address of the agency.
Note: It is legal to reject a tenant simply because the tenant has been evicted in the past.
Application Fees
A landlord may charge a fee to cover the cost of processing the application, including running a background or credit check on potential tenants. (90.295)
The landlord may not charge an application fee unless they give a written notice of:
• The landlord’s screening or admission criteria;
• The applicant's right to dispute the information obtained;
• The process that the landlord typically will follow in screening the applicant, including whether the landlord uses a tenant screening company, credit reports, public records or criminal records or contacts employers, landlords or other references;
• The cost of this process.
Before charging a screening fee, the landlord must give the applicant an estimate of the number of rental units available, or which will be available in the near future, which are the type of unit and in the area the applicant is looking for. The landlord must also disclose the approximate number of applications previously accepted and remaining under consideration for those units.
An application fee cannot be charged if there is not a rental unit available at the current time or in the near future, unless the applicant agrees in writing to pay such a fee.
Application fees should be no more than the average, actual costs for screening. If, for any reason, the landlord does not perform the screening, they must refund the fee within a reasonable time.
Penalty: The tenant may sue in small claims court for the amount of the fee, plus $100 penalty and court costs if the landlord does not provide the applicant with a screening disclosure and fails to refund the screening charge to the applicant within a reasonable amount of time.
Reservation Deposit
If the landlord approves an application and an agreement to rent is reached, the landlord may require a deposit to ensure that the applicant will sign a rental agreement and move into the unit. (90.297(2))
The landlord must either refund the deposit when the tenant moves in, or apply it to the security deposit or first month's rent. The landlord must give the applicant a written statement of the terms of the agreement regarding the deposit, as well as how the deposit will be refunded or retained.
Penalty: If the rental agreement is not signed because of the applicant, the landlord may retain the deposit.
If the rental agreement is not signed because of the landlord, they have 4 days to refund the deposit by making it available at the landlord's place of business, or by mailing it first class. Failure to do so entitles the tenant to the amount of the deposit plus $100.














