Information on Renters Rights

Information on Renters Rights thumbnail
Renters have a wide range of rights.

The relationship between a landlord and tenants is based on a mutual agreement that ensures a safe and healthy place to live, but both parties have responsibilities. The landlord must provide a dwelling that meets the building and safety standards mandated by law, and the tenant must not debilitate the status of the property by careless or abusive treatment.

  1. Basic Renters Rights

    • A renter has the right to a clean and secure dwelling with running hot and cold water, cooking and cleaning areas and fixtures, and heating and cooling devices mandated by the laws of the political subdivision in which they reside. Major repairs to keep this systems operable that are not directly caused by the renter's actions are the landlord's responsibility. Minor repairs, such as leaking faucets or uneven floors, are assignable to the landlord in some cases, depending on the terms of the lease, oral agreements with the landlord, or jurisdictional building codes or landlord-tenant laws.

    Other Basic Rights

    • A landlord cannot decline to rent to any person based on their race, religion, gender, family status or national origin, and a person's disabilities cannot be a factor either. These rights are provided by the Fair Housing Act of 1968, which was amended in 1988. Security deposits may not be withheld because of "normal wear and tear." A landlord is prevented from intruding on, retaliating against or otherwise harassing a tenant. A renter has legal recourses in these cases, which can be pursued in small-claims court.

    Maintenance

    • The upkeep of a dwelling is a shared responsibility between the landlord and the tenant. Major repairs of plumbing, electrical, and HVAC systems fall to the landlord, unless the tenant has caused any damages, either intentionally or inadvertently. Trash removal and pest control also fall in this category. The renter must maintain the dwelling in good order by cleaning it, using the fixtures and facilities properly, and by reporting problems to the landlord in a timely manner.

    Health and Safety

    • Specific laws governing renters rights vary by state, but the basic right to a safe and healthy place to live is included in all state and municipal codes. Texas is typical in its statutory oversight. Needed repairs to a property that affect the health and safety of the tenant are mandated as of January 2010 in State Bill 1448. The provisions of this act allow a justice court to order a landlord to make these types of repairs as long as costs do not exceed $10,000. Smoke detectors must be provided as well, as covered in previous statutes in Chapter 92 of the Texas Property Code.

    Federally Funded Housing

    • The renters rights that apply in federal housing fall under the jurisdiction of the Department of Housing and Urban Development. One of the aspects addressed by the Uniform Relocation Assistance Act of 1970 is relocating tenants when a property is to be rehabilitated, demolished or acquired for a project that uses federal funding. Federal assistance is available to tenants in these situations, and nonemergency relocation notifications are sent out 90 days in advance. Tenants can choose to relocate to a similar unit or can get help in buying a comparable dwelling.

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  • Photo Credit apartment for rent image by dead_account from Fotolia.com

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