Summary of Tenants Rights & Obligations
Millions of Americans do not own a home, but are renters. As such it is important for all current and potential tenants to be aware of some of the rights and responsibilities of their tenancy.
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Right to a Fit Dwelling
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A landlord has the duty to provide a tenant with a fit dwelling and to make timely repairs to the premises that may be necessary during the lease. This requirement naturally carries with it an obligation by the tenant to provide notice of any needed repairs to the landlord. However, it is important to note that, though a landlord generally is required to repair damages, he is not obligated to repair damages caused by the tenant's willful or irresponsible conduct. Indeed, it is likely the tenant will be held liable for such damages.
Rent
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While a tenant generally has a right to be free of rent increases during the term of a lease, in practice this right is complicated. As the lease itself will control how rent is assessed and increased, this right will vary greatly. Additionally, a tenant may be charged a higher rate for certain unforeseen costs, such as higher than expected property taxes or increases in the cost of utilities. At no time should a rent increase be retaliatory in nature or meant to punish a tenant from asserting his or her lawful rights to repairs and the quiet enjoyment of the property.
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Security Deposit
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Tenants have the right to a speedy return of their security deposit following the expiration of the lease, provided the tenant gives proper notice of a new mailing address. If the landlord wishes to deduct from the deposit the costs for repairing damages, he must give the tenant notice in writing and return any unclaimed portion of the deposit. If the tenant objects to the assessment, the landlord must commence a suit in court or be held liable for double damages for the unlawfully retained portion of the deposit.
Pay Rent
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The tenant's greatest obligation is simply to pay rent and to pay rent in a timely manner. Failure to pay rent could lead to eviction, civil damages and forced removal from the premises.
Maintain Property
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As important as paying rent on time is, the tenant's obligation to maintain the premises is also paramount. While he is not responsible for normal wear and tear that may be associated with tenancy, he will be liable for any unanticipated damages to the property he causes or allows to happen. It is important, then, to maintain the property as if the tenant owned it, to keep it safe and sanitary, and to return it in as good condition as possible.
Caution
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Landlord/tenant laws vary from state to state and individual rights and responsibilities may differ. Please contact a licensed attorney in your state for additional information.
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