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1. What if a property is unlivable or needs repair?

A tenant may claim that rent is not being paid because the property is unlivable or in need of repair. This is called a constructive eviction. In these cases, the court may reduce the amount of rent owed or require the landlord to make some repairs.

2. Who among multiple tenants is responsible for paying rent?

Generally, the person who signs a lease agreement is responsible for making the rent payments. If you sign a lease with someone else as joint tenants, and the other person refuses to pay their share, you may be held accountable for the entire amount. Likewise, if you sublet your rental property to someone else, you are still responsible for all rent payments.

If a tenant moves out before the lease expires, the landlord can file a complaint with the district court to collect the payments remaining in the lease period. The landlord must try to re-rent the premises. This is called mitigation of damages.

3. How do damage deposits work?

A tenant can file a complaint with the district court if his or her damage deposit is not refunded or if they disagree with any charges made by the landlord against the deposit.

For damage deposits less than $3,000 you can also file a claim in small claims court.

For further assistance regarding landlord and tenant rights, contact an attorney or a legal aid society, or mediation center.