Renting a home: know your rights and responsibilities

Published Sept. 22, 2015
By 92nd Air Refueling Wing Staff Judge Advocate
92nd Air Refueling Wing Staff Judge Advocate

FAIRCHILD AIR FORCE BASE, Wash. -- As military members, many of us rent our homes. On occasion, people have problems with their landlord. Knowing your rights and following a few basic tips can minimize your risks. Every state has its own landlord-tenant laws. So, what you experienced at your previous duty location may not be the same at your new location.

Screening fees:
Washington is one of a handful of states who allow a screening fee. The fee is used to check past rental history, credit, and criminal background. If a landlord rejects you, they must tell you why. Some landlords waive screening fees for service members. However, there is no requirement they do so.

Document everything:
Keep a copy of your lease, move-in inspection, receipts, and communications between you and your landlord. If there is ever a dispute, you will want evidence. Without documentation, it may just be your word against theirs.

Before moving in:
Conduct a thorough move-in inspection with your landlord or their agent. Note every problem you observe in writing and get a copy of the inspection signed by both you and the landlord. Tenants are held responsible for damages (beyond normal wear and tear), so it's important to document the conditions. Otherwise, you may be held responsible for damages you did not cause.

If you encounter problems:
Generally, the landlord is responsible for making repairs--except for damages caused by you or your guests. For conditions that deprive you of hot water, heat, electricity, or create imminently hazardous conditions, Washington law requires the landlord to take action within 24 hours of notice. Most other cases require a landlord to take action within 10 days. While this means the landlord is required to take action to begin repairs, this does not necessarily mean the repairs will be completed in this time frame. If your landlord refuses to assist you, contact the legal assistance office for advice.

Ending your lease:
Under the Service member's Civil Relief Act (SCRA), members on active duty for a minimum of 180 days who receive military orders for a permanent change of station (PCS) or orders to deploy for 90 or more days may terminate their lease. Such terminations also terminate any obligation of the member's dependents under the lease. Terminating the lease requires written notice to the landlord with a copy of your military orders. Termination is effective 30 days after the date that the next rental payment is due, following the delivery of notice.

Moving out:
You should return the premises in essentially the same condition you received it in. Just like moving in, you and the landlord should conduct an inspection. Both parties should sign the inspection document. If there are no damages and no back rent due, the landlord has to return your security deposit, typically within one month. If there are damages, the landlord may deduct the cost from your security deposit. If the landlord fails to return your security deposit, or you dispute the amount the landlord attempts to give you, contact the legal assistance office for advice.

For more information:
For more information on landlord-tenant issues and other legal topics, please see the Air Force Legal Assistance Website: https://aflegalassistance.law.af.mil. The information discussed here is general in nature. Legal issues vary according to the particular set of circumstances in each case. Service members and their dependents may also request assistance from the legal office. For legal assistance, you can walk-in for a confidential consultation with an attorney Tuesday and Thursday, 8:30 a.m. to 9:30 a.m. For wills, please call (509) 247-2838 for an appointment.

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