Renters Rights & the Government

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Tenant rights are regulated by the government.

Tenant rights protect renters from unfair and unethical landlords. In the United States, tenants have certain universal rights, governed at both the federal and state levels; these laws come with complementary landlord rights, to ensure the landlord-tenant relationship is mutually beneficial and respectful. The government oversees the application of these laws in the legislature and in the courts.

  1. Federal Laws

    • A number of acts at the federal level pertain to tenant's rights. These include the Landlord and Tenant Act of 1985; the Housing Act of 1988; the Protection from Eviction Act of 1977; and the Family Law Act of 1996. One primary focus of federal housing law is preventing tenant discrimination; tenants are legally protected against discrimination based on race, color, religion, national origin, sex, age, familial status and physical or mental disability.

    State Laws

    • State governments also have individual forms of landlord-tenant laws, designed to protect tenant rights. State laws tend to reiterate rights included in federal housing laws. Tenants' rights under state laws include the right to a "habitable" home, meaning the landlord must properly maintain the property and keep it sanitary and safe. You also have the right to privacy; once a lease is signed, the landlord cannot enter your home without your permission. Most states also set limits on the amount of security deposit a landlord can require. You also have the right to take legal action against a landlord who violates a lease.

    Protecting Rights

    • While the government will work to protect your rights as a tenant, it is important that you take certain steps to ensure your own protection and to aid the government in protecting you if you should ever need to go to court against your landlord. Always have a lease, and before you sign a lease, read it carefully and understand everything in it. Renters' insurance can help protect you in the case of damage to your apartment.

    Tenant Responsibilities

    • While the government will protect a tenant's rights, the tenant also has certain responsibilities toward his landlord that are also government-regulated. The tenant's primary responsibility is paying his rent on time. Other responsibilities include appropriate care and upkeep of the property, and adhering to lease requirements such as bans on noise.

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