Tenants Lease Rights

The rights of a tenant who signs a lease are different from those of a rental agreement. The lease generally outlines the specifics, such as the amount of rent, the time frame of the agreement and other terms. With a lease, as long as the tenant complies with its provisions, she has the right to dispute any changes or alterations that the landlord attempts to make to the document.

Privacy Rights

Tenants have privacy rights regarding when a landlord can enter the property. State laws vary as to how much notice a landlord must give a tenant before entering the property for maintenance reasons, but it is typically 24 hours. A landlord has the right to enter the leased property without notice in emergency situations, such as a fire, or in compliance with law enforcement agencies and court orders.

Prevention Of Rent Increases

For those tenants who have fixed-term leases, the landlord is prevented from increasing the rent during that time. When the lease expires, the landlord can raise the rent. However, some tenants are protected by rent control laws. Communities in California, New York, New Jersey, District of Columbia and Maryland have control laws governing the amount of rent a landlord can charge a tenant. Also, if the lease agreement states that a tenant can pay his rent late and pay a late fee, the landlord must abide by the terms of the contract.

Eviction Warning

The tenant has the right to be notified of an eviction, and the courts prevent the landlord from evicting a tenant without giving the tenant the right to dispute the eviction. During the eviction process, a landlord cannot legally remove the personal property of the tenant or change the locks until a judge has ordered a move-out date.

Security Deposit

A tenant has the right to receive her security deposit back when the lease ends. The landlord can use the security deposit to repair any damages the tenant caused to the property, other than normal wear and tear. However, the tenant in most states has the right to request written itemized accounting of such deductions. And the tenant has the right to receive her security deposit back, regardless if the move is voluntarily or due to eviction.

Misconceptions About Canceling Leases

Many people believe that if they take a job in another state, that gives them the right to break a lease. This is not true. Federal law does allow a military service person called to active duty to cancel his lease. An elderly person who has been waiting to be approved for assisted living care can cancel his lease in some states. The landlord does have the option to allow a tenant to cancel his lease early because of job relocation, but if the landlord does not agree, the tenant may be financially responsible for the months the property will be vacant.

References

• NOLO: Signing A Lease
• Find Law: Can I Break a Lease to Take a New Job?