Renter’s Rights

Renter’s Rights: Protecting the Rights of Tenants
Renting can either be a dream come true or a nightmare. For many people, renting means having a place to call home without the added responsibilities and costs of owning a home. However, being a renter also means living up to certain expectations and standards set by landlords or property management companies. If you are a renter, it is important to know your rights and responsibilities to ensure that you are being treated fairly and living in a safe, habitable environment.

The Fair Housing Act

The Fair Housing Act (FHA) is a federal law that prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability in the buying, selling, and renting of property. The FHA protects tenants from discrimination in all aspects of the rental process, from advertising and showing an apartment to lease termination and eviction.

Under the FHA, landlords are not allowed to deny housing based on any of the protected classes mentioned above. Landlords also cannot impose different terms or conditions on tenants based on their status in a protected class. For example, a landlord cannot charge a higher security deposit or rent to tenants based on their race or religion.

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is another federal law that protects individuals with disabilities from discrimination in all aspects of life, including housing. Landlords are required to make reasonable accommodations for tenants with disabilities, such as allowing a service animal or modifying a unit to make it more accessible.

Landlords may also be required to allow tenants to make modifications to the unit themselves, such as installing grab bars or lowering countertops, as long as the modifications do not fundamentally alter the unit's structure and are paid for by the tenant. However, landlords are not responsible for paying for modifications made by tenants.

State and Local Laws

State and local laws regarding tenants' rights can differ from the federal laws outlined above. For example, some states may have additional protected classes beyond those outlined in the FHA. It is important to research the landlord-tenant laws in your area to fully understand your rights.

Security Deposits

Security deposits are a common requirement for renting an apartment or home. A security deposit is a sum of money that a landlord holds in case of damage to the unit or unpaid rent. Landlords may set their own security deposit amount, but state and local laws may limit the amount that can be charged.

When a tenant moves out, landlords are required to return the security deposit within a certain timeframe, usually within 30 days. However, landlords may deduct from the security deposit to cover necessary repairs or unpaid rent. Landlords must provide an itemized list of deductions and receipts for any repairs made using the security deposit.

Habitability

Landlords are required to provide safe and habitable housing for their tenants. This means that the unit must have adequate heating, plumbing, and electrical systems, be free from pest infestations, and be structurally sound. Landlords must ensure that the unit meets all local building codes and health regulations.

Tenants have the right to request repairs or maintenance for the unit if it is not habitable. Landlords must make necessary repairs within a reasonable timeframe. If a landlord does not make the necessary repairs, tenants may be able to withhold rent, hire a professional to make the repairs and deduct the cost from rent, or move out without penalty.

Lease Agreements

A lease agreement is a legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement. It is important to read and understand the lease agreement before signing it. The lease agreement should include details such as rent amount, security deposit amount, length of lease, and any special provisions or restrictions, such as whether pets are allowed.

Tenants have the right to ask for changes to the lease agreement before signing it. If a landlord makes changes to the lease agreement after it has been signed, tenants have the right to request a copy of the revised lease agreement.

Eviction

In some cases, a landlord may seek to evict a tenant. Eviction may be due to non-payment of rent, violation of the lease agreement, or other reasons outlined in state and local laws. However, landlords cannot evict tenants without a court order.

If a landlord is seeking to evict a tenant, they must provide written notice to the tenant. The notice must include the reason for eviction and the date by which the tenant must vacate the premises. Tenants have the right to respond to the eviction notice and may contest the eviction in court.

Conclusion

As a renter, it is crucial to understand your rights and responsibilities. The FHA and ADA protect tenants from discrimination and require landlords to make reasonable accommodations for tenants with disabilities. State and local laws may also provide additional protections.

Ensure that you read and understand your lease agreement, including any provisions or restrictions. If you face issues with your rental unit, such as habitability or lack of repairs, know that you have the right to request maintenance and withhold rent if necessary.

Remember, being informed and proactive can help protect your rights as a tenant and ensure that you have a safe and comfortable place to call home.

Ideally, landlords and tenants should work to create a proper and mutually useful relationship. While many tenant-landlord relationships do have this description, there are always exceptions. Laws have been created on a state level to protect both the tenant’s rights and the renter’s rights.

Many renter’s rights vary by state, so it is important to see which are applicable before singing a rental agreement.

Here are some common renter’s rights that many states have.

• The Fair Housing Act says it is illegal to deny a tenant housing because of sex, race, color, religion, family status, disability, or national origin.

• Residential rental units must be livable and in agreement with health and housing codes. The homes should be sanitary, structurally safe, weatherproofed, and have adequate water, heat, and electricity.

• Some states limit the amount that can be charged for security deposits.

• A landlord should make any needed repairs and do maintenance tasks in a timely fashion, or at least include a provision in the lease that states that a tenant can order certain and deduct the cost of any necessary repairs from the rent.

• According to renter’s rights, a landlord must give early notice, usually 24 hours before entering the property and can typically only do for repairs or during an emergency.

• Any Illegal provisions opposing state law found in a rental agreement are normally not enforceable in court.

• If a landlord has violated any health, safety, or necessary repair terms, a tenant may be able to break the lease.

• If a long-term lease has to be broken, the renter’s rights of most states say the landlord must search for a replacement tenant as soon as possible instead of charging the tenant for the full duration of the lease.

• Security or deposits are not deductible for normal wear. Certain states have renter’s rights that require a landlord to give an itemized report of deductions.

• Majority of states require landlords to give the refundable portions of a security deposit back within 14 to 30 days after the tenant leaves premises, even during evictions.

• Landlords normally cannot legally seize a tenant's property due to rent nonpayment or other reasons, except during abandonment as defined by law.

• Landlords are prohibited by law from evicting tenants as a form of retaliation for any action a tenant takes regarding a perceived violation by the landlord.

• According to renter’s rights, the landlord cannot shut off utilities, change the locks, or evict a tenant without notice without a court order.

• If a landlord makes life unbearable for a tenant, forcing him or her to move out, it can be thought of as constructive eviction, which according to tenant’s rights is often grounds for legal action.

• Many state laws say it is illegal for a lease to instruct the tenant to be responsible for the attorney fees of a landlord in a court dispute.