Rental House & the Landlord's Responsibilities

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Knowing the law can prevent an unpleasant rental experience.

Laws that govern the actions of both tenants and landlords can vary from state to state, however there are certain areas of agreement between them. Both state and federal laws mandate that rental homes must be livable, that tenants are deserving of fair treatment in that they are not discriminated against when in search of shelter, and that landlords must follow certain property management guidelines. There are also guidelines to be followed when the tenant leaves either willingly or by eviction. In some instances, state laws can be stronger than federal law. For example, in Massachusetts, if a landlord fails to follow certain guidelines, you may be entitled to receive up to three times your security deposit back from them.

  1. Living Conditions

    • Landlords are required by law to maintain their rental properties. In all states except Arkansas, the living conditions of rental property must be deemed safe, and in good repair. The home must meet all building and housing codes, with adequate water, utility and heating systems. If repairs are required that were not a result of your negligence or abuse, the landlord is required to have them completed.

    Privacy

    • As a tenant you have the right to privacy in your home, and the landlord is prohibited from abusing your privacy. The landlord may only enter your rental in order to inspect the property, make repairs, show it to prospective tenants, purchasers or lienholders, if a court order approves their entry or if the property appears to be abandoned. When you give notice, they are allowed to arrange for a time to visit the apartment to inspect it for any damages.

    Rent

    • Landlords are required to give you fair notice if they intend to raise the rent. If you are in a lease agreement, rent can only be increased at the time of lease renewal. If you are a tenant at will, which means you are renting without a lease, landlords are required by law to give you 30 days written notice from when the rent is due. If you are late on your rent, you cannot be charged interest or a penalty until you are 30 days late, but eviction procedures can be initiated even if you are just one day late.

    Moving

    • With the exception of pet deposits, security deposits cannot exceed two months' rent. The landlord must return your deposit within 30 days after the end of the lease, or give you a written list showing why deductions were made from it. All or a portion of the security deposit may be kept by the landlord to cover unpaid rent, repairs or cleaning, but they cannot keep it to cover simple wear and tear on the property.

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