Rights for Renters
Renters have legal rights spelled out in their lease or rental agreement, and they also have legal rights provided by state and federal law. Some local governments even provide their own renter rights. Most of those rights are associated with legal limitations on what a landlord can and cannot do.
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General Principles
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Almost anything can be negotiated into a lease or rental agreement. Additionally, all renters have certain basic rights that are guaranteed by the law, regardless of what is in the lease or rental agreement. The general purpose of laws protecting renters' rights is to secure the renter's ability to use and enjoy the rented property without fear of danger and without fear of invasion of privacy.
Renters' Rights
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Renters' rights include the right to peacefully use and enjoy the rented property; the right to maintain privacy from the landlord; and the right to be free from unreasonable eviction. Unless prohibited in the lease or rental agreement, renters also have the freedom to upgrade the property. Finally, renters' rights include a landlord guarantee that the property is not unreasonably dangerous -- for example, it's free of hidden dangers such as hazardous waste, faulty foundations or deteriorating utility lines.
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Landlord Entry
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A renter has the right to privacy. This does not mean, however, that landlords can never enter the property. In fact, most state laws require landlords to monitor the property to keep it free from unsafe conditions. To balance these competing interests, most state laws allow landlords to enter the leased property as long as the landlord provides at least one full day of advance notice, and if the renter is gone for a long period of time (usually more than one week), then the lender can inspect the property without advance notice.
Notice of Evictions
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One of the most essential rights for renters is the right to be free from eviction without notice. Basically, the law requires a landlord to provide a certain amount of notice before he can evict a tenant. The required amount of time typically depends on the term of the lease agreement. If the lease agreement is for 30 days, then 30 days' notice is usually required, but if the lease agreement is for five years, then something more like one year's notice will probably be required. The details vary according to state law.
Warning
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Most renters' rights are found in the lease or rental agreement. Only the most basic rights are provided by the law. It is therefore critical to think about what rights you want as a renter, and then negotiate those rights into the rental agreement before you sign the rental agreement. Once the lease or rental agreement is signed, it is difficult to change, so it is always best to plan ahead for negotiations.
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