HUD Tenants Rights
The Department of Housing and Urban Development (HUD) is a U.S. government agency. While tenants rights vary from state to state, HUD's website provides links for each state to help tenants obtain information and resources regarding their rights. To determine how the law applies to your specific tenancy, you should consult a qualified attorney licensed to practice in the state in which you live.
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Quiet Enjoyment
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Landlords generally must allow the tenant undisturbed use and enjoyment of the premises. This promise covers the tenant's right to peace and quiet, the right to habitable premises, the right to basic services and the right to exclude others from the property.
Implied Warranty of Habitability
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Lease agreements ordinarily carry an implied warranty of habitability from the landlord to the tenant. By leasing out their property, landlords assume the obligation to provide safe, functioning and livable premises.
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Security Deposits
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Almost every state has some provision for the landlord's obligation to return your security deposit---so long as you do not damage the property, like put a hole in the wall. Damage does not include "normal wear and tear," which means faded paint, worn-down tile and other conditions that occur under normal living circumstances.
Tenant Responsibilities
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Failure to pay rent may often result in eviction. In addition, tenants have the obligation to prevent damage to the premises that does not occur as part of normal wear and tear under typical living circumstances and are usually responsible for paying utility bills.
Self-Help
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Virtually every jurisdiction has outlawed "self-help" among landlords. An example of self-help would include a landlord changing your locks or throwing all of your possessions into the street because you failed to pay rent. Landlords must follow the specific eviction procedures under state law, which usually includes suing the tenant for possession in a court of law.
HUD Complaints
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While state and local agencies deal with the principles mentioned above, some tenant issues fall within the HUD's purview. HUD handles complaints of housing discrimination, landlords in federal housing, manufactured housing, land sales and deceptive contractors.
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