Renter's & Tenant's Rights
Millions of Americans rent property. Despite this, few tenants are aware of their rights and obligation under a lease. Tenants do have the right under the law, however, to demand that their landlords provide them with a reasonably habitable dwelling place, as a starting point, and they may have several other rights as well. Having a bit of information before you enter a lease is a necessity and would serve every tenant well.
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Right to a Fit Dwelling and Timely Repairs
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A landlord has the duty to provide a tenant with a fit dwelling and to make any needed repairs to the premises and common areas in a timely manner. This expectation carries with it a tenant's obligation to notify a landlord of any needed repairs that need to be made. It is worth noting, though, that a landlord is not required to repair damages caused by a tenant's willful or irresponsible conduct. Indeed, it is likely the tenant will be held liable for such damages.
Security Deposit
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At all times during the lease, the security deposit remains the property of the tenant. Following the expiration of the lease, the tenant has the right to the speedy return of the deposit, provided he or she has notified the landlord of a new mailing address in a timely manner.
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Rent
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A tenant's overriding obligation is to pay rent, in full, when it is due. Failure to do so could result in eviction. In general, a tenant has a right to be free from rent increases during the life of the lease except for certain unforeseen costs, such as higher than expected property taxes or increases in the cost of utilities. However, as the language of the lease controls how rent is assessed and how it may be increased, this right will vary. The only prohibition is that a rent increase shall not be retaliatory in nature or meant to punish a tenant from asserting her lawful rights to repairs and the quiet enjoyment of the property.
Maintain Property
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While timely payment of rent is important, a tenant's overriding obligation is to maintain the premises. While he is not responsible for normal wear and tear, 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 he received it.
Damage to Property
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In all instances the landlord shall not hold a tenant liable for normal wear and tear to the premises, such as painting, carpet cleaning, or changing the locks. However, a landlord does have the right to seek any portion of the security deposit needed to repair damages caused by the tenant. If the landlord wishes to deduct from the deposit the costs for repairing damages, he must give written notice and return any unclaimed portion of the deposit. If the tenant disputes the deduction, the landlord must take the matter to court or risk being held liable for double damages for the unlawfully retained portion of the deposit
Caution
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Laws vary from state to state and this article should not be used in the place of legal assistance. Please contact a licensed attorney in your state for additional information.
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