Tenant Housing Rights
Tenant housing rights have become more firmly established and clearly enumerated over the course of the past generation. Laws, tools and other resources are available to residential tenants to protect them against inappropriate, unwarranted and illegal conduct by landlords. The primary source for tenant housing rights in the United States today is found in the Uniform Residential Landlord and Tenant Act. With the act in force across the country, a very specific framework is established to protect the interests of residential tenants.
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Significance
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The adoption of the Uniform Residential Landlord and Tenant Act and similar types of legislation in effect in all 50 states as well as in the District of Columbia, Puerto Rico and Guam provides tenants certain specifically enumerated rights. Prior to the statutory schemes such as those found in the act, first promulgated in 1972, tenants actually had very few legal protections during disputes with landlords.
Function
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One of primary functions of the Uniform Act is to set forth tenant housing rights and the obligations and responsibilities of the landlord. This includes a tenant's right to habitable and peaceful enjoyment of the rented property. The act also establishes the rights that accrue to a tenant during an eviction process, whether initiated based on an allegation of non-payment of rent or violation of lease terms. The act also formalized rights of the landlord; however, these were already fairly well established through other real estate related statutes and regulations in most jurisdictions.
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Tenancy Termination
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The act requires a landlord to follow specifically prescribed steps to have a tenant removed from the premises for non-payment of rent, violation of lease terms or some other actionable issue. Chief among these steps is the requirement that the landlord provide the tenant with a timely notice, typically known as a 72-hour or three-day notice to either correct the deficiency--pay rent, correct the lease violation--or vacate the premises. If the tenant fails to comply, the landlord must obtain a court order following a hearing or trial to regain actual possession of the premises.
Quiet Enjoyment
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If a tenant resides in a multi-unit dwelling, including a duplex or apartment building, the landlord legally is obliged to make sure that that tenant is able to enjoy his or her home without undue disruption from fellow tenants. This is known as the right to "quiet enjoyment." When a landlord is notified of disturbances, the landlord must take corrective action in a reasonable period of time. The definition of "reasonable time" varies according to the problem. However, the landlord must take appropriate action that will resolve the issue in the shortest period of time possible. If the landlord fails to solve the problem, or neglects to take appropriate action, the landlord is in breach of the lease agreement and the law.
Habitability
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Another crucial right of a tenant is that of habitability. Rental property must meet not only the minimum standards of habitability as established by law but also all related elements set forth in the lease agreement. The most basic elements of habitability include functional water, electrical and heat systems. The residence must be in reasonable repair. There can be no obvious or hidden defects that can cause harm or impact a tenant's ability to fully use and enjoy the property. The failure of the landlord to maintain the property in a habitable condition is a violation of lease terms and the law.
Misconceptions
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Despite the fact that the act or similar types of laws have been on the books for more than 30 years in most states, there remain many misconceptions about tenant housing rights. There remain a plethora of landlords across the country who are either uninformed or who dismiss the provisions of these laws. Each year, thousands of landlords are found to have improperly locked tenants out of rental property or otherwise violated the clearly enumerated tenant housing rights established by law.
Expert Insight
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If a tenant believes that his housing rights have been violated, most communities have resources available to renters through which they can seek relief. This includes not-for profit organizations such as housing counseling services and the local Legal Aid Society. There are also tenant rights advocacy groups in operation in many communities across the country that can also be of assistance in many cases. Finally, many municipal governments have established agencies or offices that can provide at least some assistance to renters in regard to the protection of tenant housing rights.
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