Rental Property Rights
Tenants and landlords have rights in rental property disputes. Understanding these laws is important for both parties so they can protect their interests. Because the laws vary by state, tenants and landlords need to check with their own consumer affairs or court systems to determine those rights for where they live. Even though the laws differ, they cover similar rental property issues.
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Deposits
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Landlords generally have the right to require a deposit from tenants. Some states set limits on how much of a deposit can be required. In California, for example, the deposit cannot be more than two months rent while in Massachusetts the landlord can, at most, ask for one month rent as a security deposit, first and last month's rent, and the cost of installing a new lock on the premise. Most states also have laws regarding the return of the deposit. For example, in Utah landlords must return the deposit (minus any repairs or late fees) in 30 days after the tenant moves or 15 days after he/she receives a current address from the former tenant.
Maintenance
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The majority of states do require landlords to keep their rental property livable; as a result, they are required to do some types of maintenance. If the repairs are not made within a reasonable period of time, the tenant does have the right to take action, such as withholding a portion of the rent or contacting their own repair person. The permissible actions for the tenant vary by state. Generally, landlords should take care of major maintenance problems, such as plumbing matters, in 24 hours and all other maintenance issues within 48 hours.
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Property Entry
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In all 50 states, tenants have a right to privacy even in rental property. That means the landlord's right to enter the property is limited even though he or she owns it. Most states do allow the landlord to enter the property to make repairs, to deal with emergencies (such as an uncontrolled leak), and to show the property to new renters. Some states also let landlords enter the property if the tenant has been gone for a long period of time (the amount of time is stipulated by the states). Other states require a 24 hour notice be given by the landlord to the tenants before they enter the property.
Eviction
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In most states, landlords do not have the right to change the locks on the property or to perform any other form of eviction outside of the court process. The requirements for eviction in all of the states depend on whether or not the tenant is still under a lease or not and the reason for the eviction (non-payment of rent over being a nuisance, for example).
Breaking or Changing the Lease
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The lease between a landlord and tenant offers both parties legal protection. Tenants, for example, cannot break their lease without penalties in most states. However, in some states, such as Utah, a tenant who breaks the lease is only responsible for the rent on the property until someone else moves in. Also, the lease protects the tenant because the landlord cannot change the rent or other aspects of the lease during the covered period in most states. Some states, including Massachusetts, allow exceptions as long as the lease specifically permits them.
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References
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