Tenant Rental Agreement & Rights
Just because your landlord owns your home or apartment doesn't mean he has all the power. Renting is a legal arrangement, and the law protects you in several ways. That includes what terms can be put in a rental agreement or lease and some terms that won't hold up in court, even if the landlord insists on them.
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Time Frame
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A rental agreement is a one-month contract for renting a home or apartment that automatically renews until you or the landlord decide to end it. A lease runs for a longer period, typically six months or a year, and doesn't renew automatically. An oral agreement is as legally binding as a written lease, the Tenant website states, but if you and the landlord ever go to court, it will be harder to prove what was agreed to.
Features
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A rental agreement will usually specify the rent, the security deposit, any grace period for late payments, whether or not you can have a pet and any other rules the landlord considers necessary. Terms in the lease can't be changed until it ends, unless both you and the landlord agree, according to the Nolo legal website. Changing the terms or raising the rent on a rental agreement requires 30 days' notice in most states, sometimes more.
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Restrictions
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All state laws allow landlords to require a security deposit, Nolo states, but half the states limit how much she can ask for. Other clauses some landlords want in the lease--freedom from liability for lack of maintenance or the right to enter at any time--violate the law and will probably be overruled if you have to take your landlord to court.
Implications
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Even if it's not stated in the rental agreement or lease, all rentals have an "implied warranty of habitability," according to the California Department of Community Affairs. That includes hot and cold running water, air-conditioning and heating, electricity and freedom from vermin and safety hazards. If the landlord doesn't maintain the rental to at least a minimum standard, you have several legal options, including paying for repairs and deducting the cost from the rent or suing in small claims court.
Prevention/Solution
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If you see something in the agreement you don't like, according to Nolo, you can try to negotiate it away. Clauses allowing for automatic rent increases or that you will abide by any rules the landlord imposes in the future, for example, aren't in your best interest, so try to talk him out of them.
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References
Resources
- Photo Credit new apartment building image by green308 from Fotolia.com
