Private Landlords & Tenants Rights
Three sets of standards apply to landlord-tenant relations: federal law, state law and the terms of the lease. Federal law governs even if it conflicts with state law, and federal and state law prevail over contrary terms in a lease. Regulations pertaining to federally funded housing do not apply to private landlords.
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Equal Treatment
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Federal anti-discrimination law such as the Fair Housing Act prohibits landlords from discriminating on the basis of race, color, religion, national origin, disability and even whether you have children. Some states have enacted further prohibitions against discrimination based on sexual orientation and marital status. The landlord cannot refuse your tenancy application for discriminatory motives and cannot penalize or discourage you in other ways, such as requiring a higher security deposit than he requires from other tenants.
Habitability
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A legal standard known as the "implied warranty of habitability" grants tenants certain rights even if the rights are not included in the lease agreement. These include the right to running water, electricity, heat, sanitation and structural safety. The landlord cannot evict you for insisting on these necessities and cannot hold your security deposit if you notify him in advance, fail to receive a timely reply and terminate the lease.
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Breach of Lease
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If you commit a serious breach of the lease, the landlord may notify you and either give you an opportunity to cure the breach or notify you of eviction, depending on the nature of the breach. If you are late paying rent, for example, he must notify you before evicting you. If you are caught selling narcotics from the property, no notice is required. The landlord, however, must obtain a court order of eviction and must rely on law enforcement officials to physically remove you.
Security Deposit
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Some states impose a ceiling on how much the landlord can demand for the security deposit, and some don't. The landlord can't deduct from your security deposit for normal wear and tear. The landlord must return your deposit, minus allowable deductions, within a reasonable time after you move out, as long as you leave a forwarding address. Some states require the landlord to provide you with a written report of any deductions.
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References
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