Off-Campus Housing

This guide is meant to serve as an introduction for students to living off campus. It does not contain all information regarding state or village laws regarding this matter. Since some off campus housing is located in an owner-occupied dwelling, some regulations are different than for a separate apartment. Students should consult the Maryland State Tenant’s Rights Guide and the Maryland Landlords and Tenants, Tips for Avoiding Disputes for more detailed information regarding their specific situation.

 To begin with, it is very important for you to understand that you, as a legal adult, will be held responsible for any lease or contract you sign. You must use common sense when finding and obtaining an apartment. For example, when you make a payment to a landlord, get a receipt from the landlord. If the landlord doesn’t give receipts, use a check or a money order to pay because these can be verified and traced. Whenever you are asked to sign anything, especially contracts or leases, make sure you have read the whole thing, understand everything in it and have a copy for yourself. Once you sign it, you are legally responsible for everything in it; not your parents, not your guardian. You and you alone are legally responsible.

 If a landlord or apartment company requires an application to rent, you must understand that an application is not a lease and it is not binding (i.e. you do not have an apartment simply because you filled out an application) until confirmed by a lease.

 If you pay a security deposit with an application, you may lose the deposit if you decide not to rent the apartment after you are approved or the landlord agrees to rent it to you. Giving the landlord notice that you do not wish to rent the apartment before you are notified of approval should justify return of the deposit unless specifically denied by terms of the application or oral notice. A landlord also may, and can legally, check your credit. An administrative fee may be charged for a credit check and would be nonrefundable.

 Remember: When you move off campus, the Office of Residential Life can no longer assist you with off campus housing issues nor is the office responsible in any way. All issues and complaints need to be resolved by you and the landlord. It is also good to remember that your behavior as an off campus resident is still subject to the Student Code of Conduct.

Renting without a lease is common but it changes your legal rights, leaving you with little help if things go wrong. If nothing is in writing, it is very difficult for you to prove anything that the landlord verbally agreed to. This includes such things as the amount of rent, when it is due, the rules for living in the there, etc. A lease signed by both you and the landlord can provide proof of            what you agreed to and did not agree to.

Yes! Take your time and read the lease very carefully.  It is a legally binding document that carries the weight of law that describes the relationship, obligations, and prohibitions of a relationship between a landlord and a tenant. A lease should not be entered into too quickly or without understanding it. Each party (you and the landlord) should read, understand, sign and receive a copy of a lease.

 People who do not read their lease are putting their credit, comfort and safety at risk for no good reason. By signing a lease, you are agreeing to important terms about rent, fees, pets, parties, parking and even overnight guests. If you violate the lease, even if you didn’t know because you    didn’t read the lease you signed, the law courts will side with the landlord. It is your responsibility as an adult to understand what you sign and agree to. Because you are no longer a minor, your parents can not assume responsibility for your actions.

Even if your parents sign the lease, it is your behavior that determines whether or not the lease is violated. You need to know what you can and can’t do in order to stay in the apartment or house.

A lease specifies what you have to do (and not do) to receive or retain possession of the apartment (i.e. live in it). Leases can be complex or they can be simple, depending on the landlord. Both you and the landlord should have a copy of the written lease. A lease is a legally binding contract- if you sign it, you, and only you, are legally responsible for all the terms and conditions. You need to keep the lease in a safe place where you can get to it if you need to.

 Be aware that in general, nothing verbally said or verbally agreed upon changes the written lease unless it is in writing and signed by both the tenant and landlord. Again, the lease is a legal contract, which once signed by both parties, binds both parties to the terms of the lease.

 Before signing a lease, read it carefully and make sure you understand all the terms within the lease. You may want to have an advisory agent (i.e. parent, guardian, lawyer) review the lease and clarify any information that is unclear to you. If there is something in the lease you do not agree with, you need to discuss this with the landlord before you sign it. If both of you agree to modifying the lease, the lease should be altered and the agreed changes written on the lease. After you are certain of the terms of the lease and feel confident in the contract, then it may be the time to sign.

 It is very important for you to understand that your signature will legally bind you to the terms of the agreement exactly as it is written. Landlords can take legal action to enforce the lease and you, as a tenant, need to be prepared to go to court if necessary. As an adult, you (and not your parents) will be held accountable for what you have agreed to under the terms of the lease and your behavior.

Identification should include the street address and apartment number. You should inspect the specific apartment/room that you are renting before you sign the lease. You may agree to take another unit but the lease needs to be changed to reflect the updated information. Be aware that you are not obligated to accept any apartment or room other than the one identified in the lease.

If nothing is stated about repairs to the property, the landlord may deduct costs from your security deposit in order to pay for repairs. Check for a clause dealing with repairs. If one is not stated, discuss who will be responsible for certain repairs and under what conditions will repairs be approved by the landlord.

The amount of rent due should be clearly specified and the due dates specified as well. Find out the penalty for late payments. Payment information should include how much, when (date due), where the rent is to be paid and how the rent is to be paid, (mail, in person, check, money order, etc.) and a late date after which payment is not on time and violates the lease terms. Find out if there will be any rent increases during the time of the lease.

The dates of the lease period should be specified.

The landlord may have regulations about noise, parties, pets, guests, cleaning standards, garbage storage and removal, security, parking, hallways, lights, energy usage, landlord access and others regulations that will impact your lifestyle. These regulations can be a problem between the landlord and the tenant if the tenant does not understand or chooses not to follow them. Be aware! Tenants can be evicted for not following the rules specified in their lease. Also, rules and regulations can be changed, added, amended by a landlord without your approval if the lease allows it. You must read the lease very carefully!

This amount should also be clearly stated. Discuss with the landlord the conditions for the return of the deposit. Ask when it would be returned to you after you move out.

Check to see what utilities are included in your rent agreement. It should be specified who pays for what utilities. If you must pay utilities, it is your responsibility to contract directly with the utility companies (cable, phone, heat, etc.) Utilities can mean water, electricity, sewage, gas and garbage removal. Any appliances included in the property (fridge, stove, microwave, etc.) should be mentioned in the lease.

Some leases may allow the landlord and/or property manager to enter the premises at any time. Protect your right to privacy by adding a clause to the lease stipulating the landlord give at least 24 hours notice to have access to the premises, if your apartment is a separate building from the landlord’s house. If you are renting a room in the house that the landlord’s lives in, the landlord may have the right to access your room at anytime, with or without your permission.

Read this section of the lease carefully (it might be under the other rules but it might be specificied). Violating this could lead to eviction. Check to see if there are any additional restrictions that may be difficult for you to live with.

In addition to the standard lease, many landlords may add additional terms to the lease. These are also legally binding.

This will help protect you from any surprises that may come up. Once again, as an adult you must understand everything in a lease before signing or moving in (if your parents are signing)!

Both tenants and landlords have rights that are guaranteed in state and local law. Landlords are    required by law to adequately maintain their properties. However, tenants have to follow the terms of the lease as well. The lease protects both tenant and landlord. For more information, go to the Office of the Maryland Attorney General website.  

Tenants have responsibilities in their behavior and conduct both within the building and on the    property and in their care and use of the facility. Below are some:

• Pay rent and security deposit punctually.
• Avoid damaging premises.
• Inform landlord of needed repairs.
• Avoid disturbing neighbor’s environment.
• Use dwelling only for residential purposes.
• Pay utility bills that are the tenants’ responsibility.
• Use utilities in a careful manner. (i.e. conserve energy)
• Leave apartment clean and in a similar condition that it was at the beginning of the lease.
• Conduct themselves and instruct guests to act in a manner that does not interfere with neighbors or other tenants’ peaceful enjoyment of the premises.

Landlords also have responsibilities and some are listed below:

• Provide facilities for hot water, heat, gas (if needed) and electricity. (ex. the gas tank, outlets, wiring, etc.)
• Maintain the facilities both inside and the grounds.
• Provide a premises that is approved for occupancy.
• Comply with town ordinances and housing codes.
• Provide for the quiet enjoyment of the premises by the tenant.
• Have smoke detectors and carbon monoxide detectors that comply with Fire Code.
• Maintain the dwelling free of infestation from rats, mice, cockroaches, etc. Common bugs like flies, ladybugs or spiders are not considered a threat and are not included as an infestation.
• Give tenant the rules and regulations for the use of the unit, consistent with applicable law and with the terms of the lease.

Whenever you pay money to the landlord, you need to have a receipt from the landlord. The        receipt should state the payment date, the amount, the period for which the rent was paid, and the location of the apartment or house. This receipt is proof that you paid. Without a receipt, there is no proof you paid the landlord anything! If the landlord does not give you one, you must ask and insist for one. A receipt not only proves you paid but that you paid on time and paid the person who should be collecting payment. If the landlord still refuses to give you a receipt, paying by check or money order then leaves a record should you need to have proof of payment and who cashed the check.However you pay, make sure there is a "paper" trail proving it. 

You should expect to pay a security deposit when you sign a lease. This deposit should be returned to you after you move out unless you have caused damage to the apartment/room and it needs repair. The landlord can rightfully decide to use your security deposit to fix the damages you have done instead of returning it to you.

Before you move in, it is very important for you to do a condition report of the apartment/room with the landlord. Everything should be looked at and recorded. Both you and the landlord should have a copy. When you move out, you need to make sure the apartment is in as good condition as it was when you moved in. It needs to be cleaned and any minor damage you can fix, you need to fix. It would be a good idea to go over the condition report with the landlord when you move out.

 If you have not damaged the apartment, you should expect the deposit back within 45 days of moving out. (p. 5-6, Tenant’s Rights) If you do not receive it, you need to ask the landlord for it. Do not assume someone else will take care of this- it is your responsibility to make sure you receive your security deposit back if you didn’t cause any damage.

 Don’t forget- no one else pays for your damages. Your security deposit will be used for repairs. Take care of the apartment/room, document everything properly and you will have your security deposit returned to you.

A tenant may not assign or sublet the lease (the physical space you are renting) without the landlord’s written consent. A sublease is when you, the primary tenant, lease the property to another person. In other words, a friend of yours agrees with you and not the landlord to take your place by moving in and paying the rent but isn’t on the original lease. Agreements on who is living in the location must always be with the landlord. 

Eviction is a legal process by which a landlord reclaims his or her property from a tenant who has violated the terms of lease or the law. Another way to put it is that if you, the tenant, have done something either once or repeatedly that is specifically stated in the lease that you can’t do or is illegal; the landlord can begin the legal process to reclaim his or her property. And although you, as the tenant, have rights, the landlord has rights as well. For example, if your lease prohibits parties or pets and you violate this by having parties or a pet or you violate the law by smoking marijuana on the property, your landlord has grounds to begin eviction proceedings against you. It is very important that you do not violate your lease or the law.

 Please note that it says, “a tenant with a lease is protected…” If you do not have a lease, you are not protected. You must insist on a written lease with your landlord!

 You must pay attention to any paperwork you receive from either your landlord or the courts/town. You have to check your mailbox often. (the address that you gave the landlord as your permanent one).. Even if you ignore the court papers sent to you by your landlord, you will still be held accountable for them. If you do not show up for court, a judge will likely rule in favor of the landlord. The excuse of “I didn’t know because I didn’t check my mail or I threw it away” is not accepted in the court of law. As an adult, you are responsible for responding to legal papers you receive in the mail.

Landlords of buildings with three or more apartments must keep the apartments and the buildings’ public areas in “good repair” and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating and ventilating systems. Any appliances installed by a landlord, such as refrigerators or stoves, must be kept in good and safe working order.

Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants (a) make good faith complaints to a government agency about violations of any health or safety laws; or (b) take good faith actions to protect rights under their lease; or (c) participate in tenants’ organizations. Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units.

 Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant’s apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant’s consent. A landlord may not abuse this limited right of entry or use it to harass a tenant.

 Before you begin moving in your stuff, take pictures of the apartment/room. You will want pictures of each wall, floor, everything in the place. Pictures should be saved with you and a copy with your parents/guardians or at your permanent home address. Fill out a list of repairs that need to be done and give a copy of it to the landlord, dating on your copy and theirs when you gave it to them. Remind the landlord regularly of the work that isn’t completed, keeping notes on when you called or if you email, copies of those emails and any responses you receive. Although some landlords are good about keeping their property in repair, some make a habit of procrastinating or minimally fixing something, knowing that eventually students give up on having something fixed.

 If the building is sold and the new owner wants to continue renting the space, you need to contact the new owner immediately. The new landlord may accept the old lease you signed with the old landlord or they may require a new lease to be signed with them. You should have a new lease with the new landlord to avoid any complications, even if the only difference is the signatures.

 It is strongly recommended for all students, living on campus or off, to purchase renter’s insurance to protect your personal property. Read your lease very carefully! Most landlords who rent to students include a “waiver of liability” clause in which they deny any responsibility for your belongings if they are damaged or any injury to you or your guests. Sometimes, landlords stipulate that a tenant must purchase renter’s insurance as a condition of occupancy. This is not punitive- it will help protect you! If you do not purchase renter’s insurance, you will be personally responsible to pay the costs of damage (either to your items or the property if you were part of the cause), personal injury liability, and the legal expenses involved with these kind of events. It is possible you will not be able to collect damages from your landlord, even if they are partially responsible.

 
If your lease says you must buy renter’s insurance, you must buy it and give the landlord a copy of the documentation as proof. Renter’s insurance is a good idea no matter what kind of stuff you have or its value. Most students can’t afford to replace all they have, whether it is new or second-hand. In case of fire or theft, it is very expensive to replace everything you own, such as clothes, text books, tv, music systems, game systems, sporting goods, bike, jewelry, eyeglasses, etc.

There are many insurance companies that offer renter’ insurance.

Let’s briefly review both your responsibilities as a tenant and your landlord’s responsibilities.

 

Tenant Obligations

• Maintain the apartment/room in a safe and sanitary condition by regularly cleaning it and removing trash in addition to not damaging the structure, walls, ceiling, floor, etc.
• Dispose of trash in a proper manner, i.e. in the container or area that the landlord tells you to. Trash can not be left in the hallway, stairwells or on the lawn.
• Keep plumbing fixtures as clean as possible. This includes kitchen sink, bathroom sink, toilet, shower/bathtub, drains, etc. These items need to be cleaned regularly, at least once a week, in order to keep them in good condition.
• Use electrical and plumbing fixtures properly. For example, the toilet is not a trash disposal nor can you plug all your electrical items into one outlet making a “tree” from extension cords.
• Comply with housing, health and safety codes that apply to tenants.
• Do not damage the premises or permit guests to damage the premises. Remember, you are responsible for the actions of the people you invite over. If your guest does not pay for the damage, you will have to.
• Keep all landlord-supplied appliances in good working order. Microwaves, ovens, fridges, etc. all need to be kept clean and used properly.
• Conduct yourself so that you and your guests do not disturb your neighbors. Don’t forget, you are living in a neighborhood now as an adult. Your behavior can not disturb the people living around you.
• Permit the landlord to enter your apartment if the request is reasonable and proper notice is given. Although you are renting the apartment/room, it is not your property. A landlord has to take care of the property and look out for it.
• Comply with state or municipal drug laws in connection with the apartment and require other household members and guests to do likewise. Again, you do not own the property. If you violate the law, a landlord has every right to protect his/her property and evict you in addition to you having to face the law court.

 Landlord Obligations

• Maintain the premises (apartment or room) in a fit and habitable condition. This does not mean cleaning! This means the landlord needs to take care of the structural issues like the walls, windows, roof, etc.
• Keep all common areas in a safe and sanitary condition.
• Comply with building, housing, health and safety codes.
• Keep electrical, plumbing, heating and ventilation systems and fixtures in good working condition.
• Provide running water and reasonably hot water and heat, unless the hot water and/or heat are supplied by a direct public utility hook-up under contract or agreement with the tenant.
• Give 24 hours notice, unless in an emergency, before entering a tenant’s unit, and enter only at reasonable times and in a reasonable manner.
• Evict the tenant if informed by law-enforcement officers of drug activity by the tenant or a guest of the tenant in or otherwise connected with the tenant’s premises. In other words, if the landlord finds out that you or a guest have been using illegal drugs, marijuana or any other kind, they have every right to evict you.

Arrears: overdue rent
Assign: transfer the unexpired portion of the lease
Cause of action: specific situation that may become cause for lawsuit
Civil: non-criminal matter
Covenant: a promise
Default: to lose by omission to perform a legal obligation
Demised Premises: the place of rent
Enjoyment: possession or occupancy of land
Enure/Inure: to take effect
Eviction: depriving a person of occupancy
Goods and Chattels: personal property
Grace Period: the amount of time past a due date when no legal penalties apply.
Indemnify: to free from any responsibility or liability
Lease: a type of legal agreement establishing a tenant-landlord relationship
Lessee: the tenant
Lessor: the landlord
Liability: responsibility
Notice to Vacate: notification from the landlord ordering the tenant to lease the premises
Parties to Lease: those who agree to the provisions of the lease
Possession: lawful occupancy and use of property and land
Term of Lease: the length of time that a lease shall be in effect
Waiver: agreeing to give up something you are entitled to

Anyone seeking to rent an apartment or space should be asking many questions of the prospective landlord. Some questions need to be answered by visibly inspecting the location yourself.  These are some of the questions that need to be considered when looking for an apartment. Visit the apartment with more than one person so that your evaluation of the unit is varied. It helps to have the other person have the checklist too so that while you are talking with the prospective landlord, your friend can be visibly inspecting for other items on the checklist. Multiple perspectives on an apartment can shed new light on issues that may have been overlooked by just one person alone.

• Where is the landlord’s permanent residence? Are they nearby in order to respond to issues?
• Will the apartment be ready for occupancy at the start of the lease?
• Is my security deposit refundable and what are the requirements for a full refund of my security deposit?
• Who do I call in an emergency?
• Will you put any promises or commitments in writing?
• Will there be a lease/rental agreement that I can sign and have a copy of? (all renters should insist on having a written agreement and having a copy of it for their own records.) 

• How many bedrooms are in the apartment? Will tenants have to share rooms?
• Are there limits to the number of occupants permitted in the apartment?
• Are there any restrictions regarding guests, parties, etc.?
• Is parking available and if so, is there an additional fee? How many parking spots are available?
• Is a kitchen included in the apartment or the use of the building kitchen included? If it is a shared kitchen, what are the regulations and expectations of its usage?
• What type of heat does the apartment have? Gas or electric?
• Who pays for the heat and what is the average cost?
• Who controls the thermostat?
• When is the heat turned on?
• Is there a source of heat in each room?
• Is the apartment air conditioned? Who pays for it? If it is not a window unit, who controls it?
• Is the apartment/room equipped already with existing telephone, cable or internet lines? Or will you have to pay for installation/start up? Who pays for the other utilities? (telephone, cable, internet, etc.)
• How many bathrooms are in the apartment/building? How big are they and do tenants need to share them?
• Does the landlord provide regular exterminating services?
• Can I hang pictures on the walls without being penalized?
• Are draperies, curtain rods or blinds included?
• Are pets or children allowed? Is there an additional charge?
• Do tenants have to mow, shovel snow or cut foliage?
• What do I do if I lose my key? 

• Is the rent price consistent with the value of surrounding rentals? (i.e. you need to compare prices yourself to know this)
• What is the reputation of the landlord? (ask prior occupants, local businesses, or nearby neighbors)
• Are the interior rooms and building common areas reasonably clean?
• Are the walls in reasonably good condition?
• Is the carpet or flooring clean and in good condition?
• Are the appliances in good condition?
• Is the refrigerator clean and in good condition?
• Is there sufficient lighting?
• Do the light fixtures work?
• Will I need to provide additional lighting?
• Are there enough electrical outlets?
• Are there sufficient phone jacks?
• Does the toilet flush properly and not leak?
• Do the hot and cold water faucets function and not drip? Is there enough water pressure?
• Do the sinks, shower and tub drain quickly?
• Are there any signs of water damage around the water fixtures or on the ceiling?
• If the apartment is furnished, is the furniture in good condition?
• Will my furniture fit comfortably in the apartment?
• Is there sufficient closet space?
• Are there any signs of rodent or insect infestation?
• Are there laundry facilities in the building? If not, where is the nearest laundromat?
• Is there any storage space available in the building?
• Are the exterior grounds maintained in a reasonable condition? (grass/shrubs trimmed with no visible debris)
• What is the condition of the walkway?
• What is the state of the stairs (both indoors and outdoors)? Who maintains outside stairs during the winter?
• Are there proper containers provided for trash disposal with clear instructions? (pick-up schedule, pick-up location, recyclables, etc.)?
• Who lives in the adjoining apartments and the neighborhood?
• How close are grocery stores, shops, restaurants, entertainment and public transportation? (If you're not in Chestertown!)

• Is the main building entrance door sturdy, locked, and is there an intercom or doorbell for guest access?
• Is there a private mailbox (preferably lockable) for each apartment?
• Is the building number visible and readable from the street?
• Is there exterior lighting sufficient?
• Does the building have a security system?
• Does the building have a fire escape? If not, where is the nearest emergency exit?
• If there are emergency exits, are they kept clear and do they open outward without a key?
• Is emergency lighting provided?
• Are the hallways well lit?
• If it’s a multi-unit building, are there fire extinguishers available and identified on each floor?
• Are there handrails on the stairs?
• Is the apartment door in good condition? Does it have a deadbolt lock and a security chain?
• Are there smoke detectors in each sleeping room of the apartment?
• Are the windows unbroken, functioning and lockable, especially on the lower floors? (Bars or other security features are recommended for ground floor windows).
• Are screens for the windows provided?
• Does each bedroom have a minimum of one functioning exterior window? Are there screens on every window? Are there holes in the screens?
• Is there a fire extinguisher near the kitchen?
• Is the heating system in good functional condition?
• Are electrical outlets in bathroom and kitchen GFCI type? (a ground-fault circuit interrupter (GFCI). It's there to protect people from electrical shock. See image to right for an example.)