Rights of House Renters
Knowing your rights as a rental tenant can be invaluable. Although many laws concerning renters' rights vary by state, there are some basics that hold true in most places. You can obtain more specific information about housing codes and the penalties for violations at your local building or housing authority, or from your fire department or health department.
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Discrimination
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You have the right to know why your rental application is rejected. It is illegal for a landlord to refuse an application for discriminatory reasons. Federal law prohibits discrimination based on race, color, religion, national origin, sex, age, familial status (this includes not allowing children), physical disability or mental disability (which includes alcoholism or past drug addiction). States and cities possess similar housing laws, and some prohibit discrimination based on marital status or sexual orientation.
A landlord cannot use a 'no pets' policy to refuse rental if you have a trained helper animal such as a seeing-eye dog, or a dog that aids with a physical or mental disability. That is a violation of federal law, including the Americans with Disabilities Act.
Leases
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In a rental agreement, any provisions that counter state law are not usually enforceable in court. In many states, it's illegal for a lease to stipulate that the tenant is responsible for the landlord's attorney fees in case of a court dispute.
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Habitable Premises
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You have the right to a habitable premises. The house you're renting must be in a fit state to be lived in. Most states do not allow this right to be waived in the lease. Landlords are required to provide adequate weatherproofing, available heat, water and electricity, and to fix any unlivable conditions. Unlivable conditions include lead-based paint, holes in the floor, plaster coming down and bad wiring, as well as gross infestation of vermin such as cockroaches or mice.
The specific standards are set by local building or housing codes and include minimum requirements for light, ventilation and electrical wiring. Cities often require the installation of smoke detectors and security measures such as locks and keys.
Required Repairs
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You have the right to required repairs. If you request repairs but the landlord doesn't meet the habitability requirements, you have several options, depending upon the state where you live. These options include making the necessary repairs and deducting the costs from the next month's rent, withholding rent until the repairs are made, paying less rent while the house remains substandard, calling a building inspector who can order the landlord to make the repairs, or moving out without responsibility for future rent, even before the lease has expired.
A landlord cannot evict you as retaliation for actions taken in relation to a perceived landlord violation.
Privacy
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You have the right to privacy. A landlord cannot enter your home without permission unless there is an emergency such as a fire or water leak. Landlords must give you notice, usually 24 hours, before entering your home to make repairs or show the house to a potential tenant. Some states have laws regulating such entries and rules on how much advance notice the landlord must give, and if the landlord has to tell you the time he or she will arrive and why.
Security Deposits
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You have the right to be treated equally on deposit requirements. If you are asked to provide a larger deposit than your neighbors, you have the right to know why. In many states, the landlord must return the deposit to you at the end of the lease with interest set by statute. Many states have statutes stating how much time a landlord is allowed to take to return your deposit after you move. This is usually 30 days. If the entire deposit is not returned, the landlord must send you an itemized list of how the money was spent. Repairs to damages on the premises (beyond wear and tear), cleaning to restore the house to its starting condition (beyond wear and tear) and unpaid rent are the most common conditions leading to reduced deposit returns.
It's a good idea to take pictures of a house when you move in, especially if there is already damage. Take the same photos when you move out. If you save the receipts for developing the film, you can easily establish the date on which you took your photos.
Eviction
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Eviction requires a court order. Landlords cannot change the locks, shut off your utilities or evict you without notice. Landlords usually cannot seize a tenant's property for nonpayment of rent or any other reason excepting cases of abandonment as defined by state law. If a landlord makes life so difficult for you that it forces you to move, this may be considered constructive eviction, which is usually grounds for legal action.
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References
Resources
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