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GUIDE TO LOOKING FOR A PLACE TO LIVE

  • Allow yourself at least 2 months to find an apartment; it's not as easy as you may think. It will take much more time in most cases. If you are already renting, all that is required by law is one month's notice to your landlord if you don't have a lease. Put the notice in writing and keep a copy for yourself.
     
  • Amount of rent to be charged. Stay within your means, so that you will not be put into an eviction situation for nonpayment of rent. It is possible in these cases to be evicted within 7 days of court. It is against the law for the landlord not to give you a receipt. Even if you pay by check, request a receipt. If taken to court and you have not received your canceled check back, you need proof.
     
  • Who pays for the utilities? If you are to be responsible, the landlord by law is responsible for supplying you with information as to what the utilities have been for the past two years. This request must be in writing - keep a copy. If you are responsible find out: 1) size of the apartment; 2) type of heat (gas, electric or oil); 3) who controls the heat; 4) access to meters/fuse box (get a key to that area). By law tenants must have access to the meters in case of an emergency.
     
  • When you go to look at the apartment, check for broken windows, whether there are storms or screens (not mandatory by law), number of outlets, ceiling stains for leaks, working faucets, sinks in both bathroom and kitchen, peeling paint, deadbolt locks, solid doors (front and rear exits), window locks, sufficient working heating equipment. If stoves and refrigerators are included, be sure that all parts are included. Make a list of all problems in the apartment and request in writing that they are corrected. Date and sign your request with tenant/landlord and or witness(es).
     
  • Deposits to hold an apartment. When putting a deposit on an apartment, make sure to get a receipt. Find out if it is refundable before paying; if so, make sure it is noted on the receipt.
     
  • Security deposits are for damages which a tenant causes outside normal wear ant tear. It can only be used for the last month's rent with the permission of the landlord. In a building with 6 or more apartments, the security must be put in an interest bearing account and the tenant must be notified which bank the security deposit is being held. In apartment buildings with less than 6 apartments, if the deposit is put into an interest bearing account, the tenant is entitled to the interest. Also, the money cannot be deposited into a landlord's personal accounts(s). Take pictures of damages moving in; date them.
     
  • A lease, once signed by both parties, is binding. A landlord can put anything in a lease that s/he wants to, but NYS law overrides anything in a lease that is illegal. It should have the move-in date any the moving out date. Who is responsible for the utilities and monies which are paid? Unless there is an automatic renewal clause, it is not necessary to give notice that you are moving. In a building with 4 or more apartments, the tenant has the right to sublet, but must follow proper procedure in doing so. Check with a tenants' organization for the proper procedure for subleasing.