Legal Rights As Tenants
Tenants have legal rights under the Fair Housing Act of 1968. The act focuses on unlawful discrimination in housing. If found guilty, landlords can be forced to pay up to $50,000 for a first violation and $100,000 for subsequent violations. Tenants have other legal rights as well.
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Discrimination
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It is illegal to be denied a rental due to race, color, religion, national origin, sex, age, family status (having children or being pregnant) and physical or mental disabilities, including alcoholism and drug addiction. Some states also protect against discrimination based on marital status or sexual orientation.
No Preferences or Misleading Statements
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According to the Fair Housing Act, a landlord cannot place advertisements or publicly discuss what type of tenant they want, indicating either a preference or limitation. The landlord cannot say that an apartment has been rented when it hasn't been.
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No Fees or Harassment
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The Fair Housing Act forbids a landlord from charging higher rents, fees or deposits to some tenants and less for others. The act also prohibits a landlord from harassing tenants to induce to them to move out.
Security Deposit
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Renters are entitled to a return of their security deposit upon moving out. If not refunded in full, renters are entitled to an itemized list of repair costs.
Fair Credit Reporting Act
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Under the Fair Credit Reporting Act, a landlord must tell you if you were rejected because of a bad credit report or other reason.
Fit to be Lived In
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According to the website FindLaw.com, most states give tenants the right to "habitable" premises, defined as the right to safe and clean conditions. For example, holes in the floor, peeling paint, bad wiring and vermin infestation are unacceptable. In addition, a landlord cannot enter your apartment unauthorized unless there is an emergency, such as a fire or flood, and he or she must give notice before coming for repairs.
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References
- Photo Credit Image by Flickr.com, courtesy of Jakob Montrasio
