Examine the house or apartment very carefully. Ask how much
monthly utility bills cost.
Note anything that might be a problem when you move in. Does
it need paint? Repairs?
Before you rent the apartment, make sure you understand what
repairs the landlord will make and when they will be completed.
It is a good idea to get the landlord to do repairs before you
move in. If any repairs are not done, take pictures, write down
the problems and have the landlord sign it, so you won’t be charged
for damage you didn’t do.
If you feel discrimination in the rental process, see the Fair
Housing section of this guide for information on your rights.
Application and Credit Check Once you find a home to rent, the landlord will probably ask you
to fill out an application and pay an application fee. The application
fee is usually used for a credit check. A Social Security Number
or Tax Identification Number may be needed to check your credit.
The Lease Before moving in, you sign a lease. Make sure you read and understand
the lease. If there is something in the lease you don't understand,
ask the landlord. Keep a copy of the lease and all rental documents.
The lease states the amount of rent, when rent must be paid,
and the amount of any late fees. Late fees cannot be more than
$15 or 5% of the rental payment.
The lease says how much notice must be given to end the lease--usually
30 days notice for a 1-year lease. If you do not have a written
lease, and pay rent monthly, 7 days notice is required to end the lease or change the rent.
Security Deposit
When you sign a lease, you usually pay a security deposit. The security deposit often equals one month's rent, however it is not rent.
The security deposit is held by the landlord to ensure that you live up to your lease. Landlords are allowed to use the security deposit at the end of the lease to pay for any amount owed for rent, late fees, court costs, and damage you cause to the property
beyond normal wear and tear. If you break your lease early, the landlord can use it for an actual amount of rent lost while finding a new tenant.
Landlords are required by law to return the full deposit by mail within 30 days after the lease ends or provide a full explanation of how it was
used. Give the landlord an address to mail your security deposit when you return the key.
Legal Responsibilities and Rights
of Landlords & Tenants
The law defines responsibilities of both landlords and tenants.
Some of
the landlord's responsibilities:
Make all repairs and do what is necessary to keep the property
in a livable condition.
Comply with building and housing codes.
Keep in good and safe working order all the appliances and
facilities that come with the apartment: electricity, plumbing,
heating, air conditioning, refrigerator, stove, etc.
Some of the tenant’s responsibilities:
Pay rent on time.
Keep your home clean and safe; do not deliberately damage
the property or allow a guest to do so.
Notify your landlord of needed repairs in writing and keep
a copy for your records. In an emergency, call immediately,
then write a note as soon as possible.
To file a claim in Small Claims Court, call the Clerk of the
Civil Court at 560-6823 or the Civil Magistrate at 560-6828. They
can help you fill out the forms. The filing fee can be waived
if you cannot afford it.
City Housing CodeWhat is the City Housing Code?
The Housing Code is the law that requires all homes and yards in the City of Durham to be safe, healthy and livable. Homes means all housing, including single-family houses, apartments, mobile homes, and boarding houses. The Housing Code protects every city resident regardless of citizenship or immigration status. The Code is enforced by City Housing Inspectors, 560-1647.
What is required by the Housing Code?
The Housing Code requires good maintenance of the home, including: heating, plumbing, electrical, smoke detectors, locks, etc. Some of the requirements are listed below.
Appliances: Any appliances provided with the home must be kept in good repair.
Bathrooms: Bathrooms must have a working toilet, sink, and tub or shower. Bathrooms must have a window or ventilation.
Electrical: The house must have at least 100Amp service. Wiring must be enclosed. Outlets and switches must be safe. Rooms must have at least 2 working duplex outlets.
Heat: Permanent central or space heating units must safely heat all rooms to at least 68?F, and the temperature may not vary more than 10? between rooms. Portable kerosene or electric space heaters are not adequate as the primary heating source.
Hot Water: Homes must have water and a water heater.
Kitchen: Kitchens must have adequate counter space & enclosed cabinets.
Locks: All exterior doors must have locks that can be operated from inside and outside the home, like dead bolts or night latches. (Barrel bolts and padlocks are not adequate.)
Paint: Paint must not be flaking or peeling.
Plumbing: Safe water must be supplied. Plumbing and fixtures must work and not leak.
Roof: The roof must not leak.
Smoke Detectors: All sleeping areas must have a working battery or electric smoke detector within 15 feet of each room.
Residents must replace the batteries.
Screens or Central Air Conditioning: Homes must have screens in good repair on all operable doors and windows from May 1 through November 1, or the home must have central air conditioning in good repair.
Security Bars: Security bars must be able to be opened without tools from the inside of bedrooms or other sleeping areas.
Windows: Windows must be easy to open, close and lock. Windows must not be broken or boarded. All rooms must have a window that opens to the outside.
Yards: Yards must be clean with no trash, junk, or abandoned cars.
To learn more, call City Neighborhood Improvement Services 560-1647
Small Claims Court
If your landlord does not make repairs after you have given written
notice, you have the right to take your landlord to court. If
your home is not livable, your landlord has violated the lease.
This also gives you the right to move out without further rent
payment, after giving proper notice to your landlord, even if
you still have time on your lease. If you stay in the home, you
do NOT have the right to stop paying rent. You can sue for rent
abatement from Small Claims Court. The court may award you a refund
of all or part of the rent you paid during the time your landlord
was in violation of the lease.
To file a claim in Small Claims Court, go to the Civil Filing
Division on the 3rd floor of the Judicial Building, 201 E. Main
St. They can help you fill out the forms. The filing fee can be
waived if you cannot afford it. For more information, call the
Clerk of the Civil Court at 564-7050 or the Civil Magistrate at
564-7250.
Eviction
A landlord must go to court before evicting a tenant for not paying
rent, or for violating any other terms of the lease. You should
get a notice of your court date. These rules apply:
Your landlord must win a court judgement before
evicting you from your home.
You cannot be locked out of the home before
the court makes a decision.
You must be informed that action is being taken
against you and for what reason.
If you pay what you owe plus court costs before
or on the court date, the landlord cannot evict you, but you
must bring the receipt to the court hearing.
After the magistrate makes a judgement, you
have 10 days to appeal, but you may have to pay a bond (usually
the amount of the judgement) and future rent to the court.
If you do not appeal, the landlord can get an
order to have the Sheriff evict you within about 15 days of
the hearing date.
If you are evicted by the court process and
your belongings are padlocked inside, the landlord must give
you 10 days to get them. Your landlord may not evict you in
retaliation for filing a Housing Code complaint for 12 months
or the end of your lease, but you must continue to pay rent.
If your landlord threatens a retaliatory eviction, call City
Housing Inspection, 560-1647 or Legal Aid, 688-6396. If you are threatened
with an illegal eviction, call the Sheriff's Civil Process Office
at 560-0901.
Legal Aid Free legal advice and representation in civil cases is provided to low-income people by the
Legal Aid of NC, 201 W. Main St., Suite 400 688-6396. Call first to find out if you qualify and to make an appointment.
The N.C. Lawyer Referral Service at 800-662-7660 can help you find a low cost lawyer.
Lead Poisoning
Lead poisoning can cause permanent learning disabilities, brain
damage, and other health problems. Children under age 6 are most
at risk for lead poisoning. A child with lead poisoning does not
appear sick. The only way to find out if your child has lead poisoning
is to get all children under age 6 tested.
To get your child tested, ask your doctor or get a free test at the Durham County Health Department, 560-7700.
Homes built before 1978 may have lead-based paint that could be dangerous to your family. If a child under six has a high lead level, the Health Department will test homes where the child lives or stays.
Homes built before 1986 may have lead solder in pipes. To test your water for lead, call City Water, 560-4386.
Fair Housing
You have the right to live anywhere you want, regardless of who
you are or where you are from. Fair Housing Law prohibits discrimination
in rental or sale of homes. It is illegal for a landlord to discriminate
against you based on race, religion, sex, color, national origin,
handicap (physical or mental disability or illness, including
HIV/AIDS), or familial status (for example, if you have children
or are pregnant).
Housing discrimination can take many forms. The law prohibits
these practices:
refusal to sell, rent, or lease,
refusal to make reasonable accommodation or modification for
the disabled,
refusal to accommodate families with children,
discriminatory advertising,
discriminatory financing,
steering (such as directing minorities only to predominantly
minority areas).
Discrimination can be indirect as well as obvious. For example,
if you are told over the telephone that a home is available but
are then informed it has been rented when you arrive in person
to inspect it, discrimination may have occurred.
The Fair Housing Act of 1988 requires that apartment buildings
with 4 or more units built after March 1991 are accessible to
disabled persons. All units in buildings with elevators and all
ground-floor units in buildings without elevators must be accessible.
In all apartments, a landlord must make reasonable accommodations
and allow reasonable modifications to meet the needs of a disabled
tenant. For example, a landlord should make common areas accessible
to all tenants and should permit a tenant to install grab bars
and other modifications to the home.
If you have any suspicions or complaints about the treatment you receive when renting or buying a home in Durham, contact the
City of Durham Human Relations Department at 560-4107, on the first floor of City Hall, Monday-Friday, 8:30am-4:30pm.
Connecting Utilities
After you sign the lease and pay the security deposit, you can
move in, but you may need to connect utilities. Some apartments
include utilities in the rent, but in most cases you will have
to pay to connect utilities as well as monthly bills. If you have
no credit or bad credit you may be required to pay a security
deposit or have a co-signor or credit reference.
Electricity
Duke Power Company 382-3200
Connection: Free. Requests can be made by phone 24 hours a day,
7 days a week.
Security deposit (if required): $175
Duke Power accepts Master Card and Visa
Gas
PSNC Energy 877-776-2427 (toll free)
Installation: $30-200 (depends on location)
Security deposit (if required): $125
Water
City of Durham Customer & Billing Service
560-4411 ext. 2
Connection: $30
You will need to bring a copy of your lease when you request a
connection.
If you have a high water bill due to a leak that was repaired,
contact customer service for information about bill reduction.
Telephone
Verizon 800-483-4000
Northgate Mall 286-7336
Connection: Starts at $43, increases with additional services.
A 50% reduction in the basic rate is available for recipients
of SSI, TANF, or food stamps.
Security deposit (if required): $105 or more.
Public Housing & Section 8 (Housing Choice Voucher) Public Housing and Section 8 are programs offered by the government to help people with very low income. Public Housing residents pay up to 30% of their income each month for rent and utilities for apartments owned by the Durham Housing Authority. People in the Section 8 program live in privately owned apartments and pay at least 30% of their monthly income for rent and utilities. Applications are accepted when funding is available for the Section 8 (HCV) Program. Applications for Public Housing are accepted from 9 am to 3 pm, Tuesdays and Thursdays. The office is closed to the public on Wednesdays. The application is online for your convenience. Inquiries are submitted in writing via the Durham Housing Authority website, at www.
Durhamhousingauthority.org, or in person at the central office. If you are awaiting available housing, you must keep your address up to date by informing DHA in writing each time you move. Update forms are available at the central office. DHA has adopted selection preferences to confirm placement of those families with the greatest need before others. Your application may be selected and approved before others (if your are 62 or older, disabled, a homeless veteran, living at a shelter, or have been involuntarily displaced.)
To apply for Public Housing: go to the Durham Housing Authority, 330 East Main Street, 9am-3pm, Tuesdays and Thursdays.
If You Can't Pay Your Rent...
The following public, private, and church organizations provide
rental assistance and other services. Eligibility and funds are
limited, so call first to see what is available. You may also
try contacting individual churches.
Family (w/ children) & Emergency Services
300 N. Duke Street
560-8301
Elderly, Disabled, and Emergency Services:
220 East Main Street
560-8600
DSS administers financial assistance programs such as TANF, Food
Stamps and Medicaid. DSS also offers emergency assistance with
rent, utilities, heat, food, and medical bills.
Operation Breakthrough 688-8111
800 N. Mangum St. 8:00am - 5:00pm
Presbyterian Urban Ministries 220-8757
2504 N Roxboro Rd. Call for appointment.
(Housed in Northgate Presbyterian Church,
but not part of the church.)
Serves senior citizens, disabled adults, and families with young children. Limited assistance for utility bills, rent and medication. Must provide wage stubs and receipts for the past 30 days that show at least 85% was spent for basic necessities.
Salvation Army 688-7306
909 Liberty Street
Call office at 8 am. for an appointment. Clients must be in emergency situation or demonstrate need for help to stay in the home. Some utility assistance.
Catholic Charities 286-1964
902 Broad Street (call for appointment)
Small amounts of emergency assistance for rent and utilities. Offers family and individual counseling for a sliding fee.
Second Mile Ministry 286-3596
Grey Stone Baptist Church
2601 Hillsborough Rd. (Wednesdays 9:00am-12:00)
Line up early. Food, emergency rent & utility assistance.
Women In Action 680-4575
634 Foster Street (call for appointment)
Serves disabled adults, senior citizens and families with children. May not have funds.
Help for Special Populations
AIDS Community Residence Association (ACRA) 956-7901
Housing assistance for people with HIV/AIDS.
Association for Retarded Citizens
(ARC) 493-8141
Support for adults with developmental disabilities to live independently.
Council for Senior Citizens 688-8247
406 Rigsbee Ave. Suite 202
(in the Senior Center)
Services for seniors age 60 and over. www.councilseniorcitizens.org
Department of Social Services 560-8000
Long-term care and housing assistance for disabled & elderly. http://longtermcare.durhamcountync.info/
Independent Living 560-6815
Housing information, placement and modifications for people with severe physical disabilities.
The Durham Center 560-7200
24-hour service 560-7100 www.durhamcenter.org/index.php/citizen/services/housing
Mental health services and housing assistance for people with mental illness, development disabilities, and substance abuse treatment needs.
Emergency Housing (short-term)
Urban Ministries Community Shelter 410 Liberty St. 682-0538 ext. 21
Durham Rescue Mission Men's Shelter
1201 E. Main St. 688-9641
Women & Family Shelter 688-4909
Interfaith Hospitality Network 682-2846
Shelter for families with children.
Durham Crisis Response Center 403-6562
24 hour crisis line for victims of domestic or sexual violence.
Transitional Housing (longer term)
Genesis Home 683-5878
(Homeless families)
Phoenix House (Men) 680-0371
Dove House (Women) 682-3777
CAARE, Inc. (HIV/AIDS) 683-5300
Housing for New Hope 489-6282
Project Based Vouchers
Life House of Durham (Disabled) 477-0427
Maple Court Apts. 477-0571
(Homeless veterans)
Home Ownership & Rental Homes
Durham Housing Authority Residents and
other interested parties may call Resident
Services at 683-8596
Durham Community Land Trust 490-0063
Homeownership, lease-to-buy & rental homes.
Durham Habitat for Humanity 682-0516
Homeownership.
Rebuild Durham
Rental homes.
680-8805
Home Repairs
City Community Development Department HOMEOWNERS ONLY. 560-4570
Operation Breakthrough 688-8111 X270
800 N. Mangum St. 8:00am - 5:00pm
Free weatherization and related repairs for qualified renters and
homeowners.
Credit Problems
Durham Regional Financial Center
315 E. Chapel Hill Street 688-3381
Offers credit and budget counseling and debt management. An appointment is necessary.
Home Ownership Information
Are you tired of renting? Do you spend $500 a month in rent? Owning
a home may not be out of your reach. For information on buying
a home, call the Durham Affordable Housing Coalition, 331 W. Main
St., (919) 683-1185.
Rooming establishments (weekly hotels)
Econ Plaza (men only) 682-8058
3115 Fayetteville Street
Durham Residential Hall 680-2261
(women only) 425 Pilot Street
Assisted Living for Seniors and Disabled
Council for Senior Citizens 688-8247
Durham County Senior Resource Directory www.councilseniorcitizens.org
Durham
County Department of Social Services has information on assisted living services
and facilities at 560-8600, 220 E.
Main St., or http://longtermcare.durhamcountync.info/
