What Are Your Rights As A Tenant?
Renting a property is a big commitment. You need to be willing to give up a significant portion of your income per month to a landlord, and you need to be willing to follow various rules. However, it’s important to remember that as a tenant there are also rights in place to protect you. It’s essential to know these rights so that you can have a happy and fair renting experience. This post explores some of the important rights you have as a tenant.
Fair tenant screening
Before you sign any lease, you’ll likely undergo some form of screening - such as a criminal background check or credit check.
Under the Fair Housing Act, it is illegal for landlords to discriminate against you based on race, religion, sex, national origin, familial status or disability. Some states have additional laws in place to protect you that could also be worth knowing about. For example, California limits how far back a landlord can look into your credit history.
Consumer protection attorneys can meanwhile provide you compensation if background checks claim false information (for example, some people have been falsely accused of having a criminal background due to mix-ups). If a landlord rejects your application, always make sure you find out why this has happened in case there has been a mistake.
Right to a written tenancy agreement
One you’ve passed screening, you have a right to receive a written tenancy agreement. This should outline the terms of your rental including the rent amount, due dates, deposit conditions and any rules.
Local laws as to when a tenancy agreement should be provided vary by state, but many states require even short terms to be covered by a written tenancy agreement. For example, in Massachusetts, landlords are required to provide a written lease for any tenant that pays rent for a period longer than 30 days.
Having your tenancy agreement in writing will provide evidence of the terms you agreed on. Don’t agree to any terms that aren’t written down, as it could be hard to prove them if your landlord goes back on their word.
Deposit protection
It’s standard practice for landlords to ask for a security deposit upfront. This is a lump sum of money that you can get back at the end of your tenancy providing there is no damage and all rent is paid.
While there are no federal laws in place governing these deposits, many individual states have laws in place regarding how these deposits are managed. For example, in New York, landlords must hold deposits in a separate bank account and provide you with a receipt.
Is your landlord refusing to give back your deposit? Whatever the law may be in your state, pursuing legal action is always an option - sometimes this is necessary to prompt rogue landlords into paying.
Right to a safe environment
As a tenant, you have a right to live in a safe and habitable environment. Unless otherwise stated in your agreement, it is always the landlord’s duty to maintain the property and make any structural repairs - including fixing plumbing leaks, making electrical repairs or patching up a leaky roof.
All states except Arkansas recognize the ‘Implied Warranty of Habitability’, which allows tenants to seek legal action if a landlord fails to keep rental accommodation safe and livable. Repairs must be carried out in a reasonable time - which depends on the location and the type of repair. For example, in some states, a landlord may have 30 days to replace a broken window, while heating issues in winter may need to be attended to in as little as 48 hours.
Exactly what a landlord is responsible for can be a gray area in some cases (e.g. mold cases’), however seeking legal advice is always recommended if you are unsure.
Reasonable notice when visiting
Landlords can’t just show up at your door unannounced. In most states, you have the right to reasonable notice before a landlord enters your home for repairs, maintenance or inspections.
‘Reasonable notice’ is generally regarded as 24 hours notice. However, in some states like Florida, landlords only have to provide 12 hours notice - and may not have to provide any notice if it can be considered an emergency.
Keep getting surprise visits from your landlord without notice? This could be something to bring up with your landlord. If they still continue to show up uninvited, you may be able to seek legal action, as they are infringing on your personal space and privacy.
Unfair rent increase protection
Most states also have laws in place regarding rent increases. This is important for preventing landlords from rapidly raising the rent to an unaffordable level.
For example, in Oregon, landlords cannot raise the rent more than once every 12 months and the increase is capped at a certain percentage. Other states like New York meanwhile have rent control laws to keep housing affordable.
Don’t be afraid to seek legal action if your landlord has increased the rent drastically - especially without warning or shortly after a previous increase in rent. Some landlords may not realise that they are increasing the rent illegally.
Unfair eviction protection
Facing an eviction? It’s important to make sure that a landlord has a valid reason as to why you are being evicted such as not paying a certain amount of rent or serious lease violations. A landlord cannot just kick you out because they feel like it!
Individual states have different laws regarding how eviction proceedings are carried out. For example, California must provide a written notice that states the reason for eviction, and you must be given suitable enough time to remedy the situation before the eviction process can begin.
There are many legal services that can help you negotiate the eviction process. Make sure to get help if you need it - whether it’s communicating with your landlord, taking them to court or simply helping you to find new accommodation. Check out this article for more information regarding eviction.
