Tenants' Rights & Responsibilities

Millions of Americans do not own their own home, but rent from somebody else. Despite the fact that so many are renters, few may be aware of a tenant's rights and obligations. Having some information about these rights and responsibilities before entering into a lease is a necessity and would serve every tenant well.

Security Deposit

In most cases, a landlord may not require a security deposit that exceeds 1½ times the amount of the monthly rent. While the deposit is paid to the landlord, it remains the property of the tenant throughout the tenancy and until such time as the landlord establishes a right to withhold a portion of the deposit to repair actual damages that occurred to the property over the course of the tenancy. Damages do not include normal wear and tear. If the landlord cannot establish any right to withhold, the security deposit must be promptly returned.

Rent

The overriding obligation of a tenant is to pay rent, in full, when it is due. Failure to pay rent could result in eviction, civil damages being assessed against the tenant and forced removal from the premises. Tied to the obligation to pay rent is the tenant's right to be free from rent increases during the period of the lease, except as otherwise provided by law or the lease itself. If the lease provides for rent increases, at no time should the increase be retaliatory or meant to punish the tenant for asserting his lawful rights to repairs or the quiet enjoyment of the property.

Fit Dwelling and Timely Repairs

The tenant has the right to expect the landlord to provide her with a fit dwelling and to make timely repairs that may become necessary during the period of the lease. This right carries with it an obligation of the tenant to notify the landlord of any damage that does occur. However, while a tenant can expect timely repair, if the damage is caused by the tenant's own willful or irresponsible conduct, the landlord has no duty to repair and indeed, the tenant can expect to be held liable for such damage.

Maintaining the Property

Beyond the payment of rent, a tenant's most important obligation is to maintain the premises. While a tenant is not responsible for normal wear and tear to the property, he will be liable for any unanticipated damages he caused to the property or allowed to happen. It is therefore important for the tenant to maintain the property and keep it as if he owned it, and to return it to the landlord is as good a condition as he received it.

Caution

Landlord/tenant laws vary by state and nothing in this article can replace legal consultation. Contact a licensed attorney in your state for additional information or in the event of a dispute with a landlord or tenant over the legal obligations of either.

References

• Michigan Compiled Laws §§ 554.134; 554.139; 554.602-.613; 554.633; 554.656; 600.5704; 600.5714; 600.5716; 600.5718; 600.5735
• Maine Rev. Stat. Ann. tit. 14, §§ 6033, 6034, 6038
• Arizona Rev. Stat. Ann. §§ 33-1321