Guidelines to Landlord & Tenant Rights

Landlord and tenant rights vary by locality, with federal, state, and even local laws granting rights to both parties. Renters and property owners can avoid conflict by understanding these laws and negotiating reasonable rental terms.

Local vs. State Laws

State landlord-tenant law regulates common rental housing issues such as tenant application fees, security deposits, maintenance responsibilities and evictions. Local ordinances also govern landlord-tenant relationships, and may differ significantly from the provisions of state law, particularly in defining the process for a legal eviction.

Rental Agreement Terms

Many landlords use a generic lease or rental agreement provided by a legal document service or stationery store. But tenants and landlords are at liberty to set their own terms, providing that they don't conflict with state or local law. For example, if a tenant is concerned that she may have to move in the middle of a lease term, she may be able to negotiate a "termination clause" that allows her to pay a fee in exchange for ending the lease early.

Tenant Screening

Landlords can require a credit check as part of the tenant screening process. If a landlord denies a housing application or requires that the tenant pay an extra security deposit because of a bad credit history, the tenant has a right to a free copy of her credit report.

References

• Nolo.com: Ten Terms to Include in Your Lease or Rental Agreement
• Federal Trade Commission: Using Consumer Reports: What Landlords Need to Know