Being a tenant can be troublesome. Having no disputes with your landlord is more the exception rather than the rule. When you rent an apartment, there are so many things that can go wrong. Your landlord might decide to enter your home without a prior notice. He/she might as well refuse to give your security deposit back. Or even worse, your landlord can reject your application because of your nationality or religious beliefs. The good news is that problems like that can be easily solved once you know your rights.
It might surprise you, but only one-third of Americans can identify the Bill of Rights, and even less can actually tell what exactly this document guarantees. So, there is no wonder why the majority of tenants are not certain about their legal status when it comes to disputes related to renting. That is why it is so important to educate yourself on this matter.
The tricky moment is that here in the United States, your rights as a tenant may vary from state to state. Things that are legal in Taxes might be completely inappropriate in California. However, there is a list of basic rights that stay the same in every state.
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Your race or religion cannot affect your landlord’s decision
Thanks to the Fair Housing Act, your landlord has no right to reject your application because of your national origin, race, religion, gender, color, familial status, or disability. In other words, if your landlord refuses to negotiate about housing, wants to set a different price, or makes property unavailable for one of the above-mentioned reasons, his/her actions should be considered illegal.
You have the right to know about your landlord’s visits
Imagine that you are having a late-night dinner while watching your favorite TV show. Suddenly, you hear a doorbell ring, although you are not expecting anyone. Or even worse, you hear the sound of a key opening your front door. Before you get really scared, you find out it is your landlord who came for a spontaneous property check. Is this even legal?
In fact, there are three situations when your landlord can enter your property:
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When it is necessary to fix something
When there is a case of emergency
When your rental agreement is coming to an end, and your landlord needs to show his property to prospective tenants
In the majority of states, a landlord is obliged to give a prior notice before entering the apartment. Usually, it needs to be done no later than 24 hours before a planned visit. The rule of a prior notice can only be ignored in case of a serious emergency such as a water leak or a fire.
You hold the right to live in habitable conditions
There is a doctrine commonly known as the Implied Warranty of Habitability, which states that all landlords are required to maintain their rental premises livable. This means that when a major repair is needed, your landlord is responsible for doing this. For example, if stairs are not safe or hot water supply does not work, you have the right to demand a quick fix.
In case your landlord refuses to provide and maintain the basic principles of habitability, you are allowed to take one of the following steps:
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Report your landlord if he/she refuses to cooperate and proceed with your request
Withhold monthly payment if your landlord refuses to make repairs necessary for livable conditions
Break the lease and move out earlier if you can prove that your landlord breaks the implied warranty of habitability.
You have the right to get your security deposit back
The amount of security deposit may vary from state to state, but one thing is common for the entire country: your landlord is obliged to return your security deposit when you move out. However, there are certain situations when this money can be legally used for the following purposes:
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To cover unpaid rent or/and utility expenses
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To cover a so-called rent charge if you move out earlier without a prior notification
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To pay for fixing damages caused by you or your guests
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To clean the property after your leave if you fail to do it yourself
The cold truth is that sometimes the question of security deposit results in disputes between tenants and landlords. While there are many tips to help you avoid them, the best solution is to keep the place you are renting in a good condition.
You don’t have to break the law to break your lease
For the majority of tenants, the question of breaking a lease is also a topic for nightmares. However, it should not be like that. As a tenant, you have a legal right to move out before your rental agreement ends. Depending on what state you live in, the list of reasonable excuses may be different. However, you are always allowed to break your lease if you have a call to military service or when your landlord refuses to solve major housing problems.
The bottom line of this article is that being a tenant does not mean having no rights. The more educated you are, the harder it gets for you landlord to ignore his responsibilities or overstep his authority. Remember that knowledge is power, and it can keep you away from multiple problems associated with the rental lease.
