Laws That Protect Apartment Renters

Apartment renters have legal rights while occupying an apartment building.

While many laws protect landlords, there are also laws protecting the rights of apartment renters. Several states have laws protecting security deposits, personal property and the tenant themselves. However, the apartment rental process and associated real estate laws vary by state.

Laws Protecting Security Deposits

Most apartment complexes require that new tenants put down a security deposit. This deposit protects the landlord against damages the tenant may cause to the property during the course of the lease. Once the tenant completes his lease and vacates the property, the landlord must return the security deposit minus any repairs or cleaning the proprietor had to do in the apartment. Some state laws protect the tenant's right to receive this money. For example, Texas law states that the landlord must return the security deposit, including an itemized list of any deductions taken, within 30 days of the end of the lease, according to Rent Law.

Evictions

Several states have laws against landlords unlawfully evicting apartment renters. According to Rent Law, in California the landlord must file an unlawful detainer lawsuit before they can evict a tenant. The tenant can defend his case during the court hearing, and the landlord may be liable for the tenant's court fees if the court decides in favor of the tenant. Furthermore, if the landlord uses an illegal method to evict the tenant, he may be responsible for paying the tenant damages and a daily penalty. Landlords are also prevented under law from denying a tenant access to the apartment or their property during the eviction process. According to the Florida Department of Agriculture and Consumer Services, landlords in Florida may not change the locks on the apartment or remove personal belongings from the dwelling until completing a legal eviction.

Maintaining the Property

Most states require the property owner to maintain the apartment building including common areas and individual units. In the state of Florida, the landlord must comply with all building and health codes while keeping the roof, floors, windows, foundations and plumbing in working order, according to the Florida Department of Agriculture and Consumer Services. If the tenant reports a problem with the apartment in writing, the landlord must repair the property in a timely manner.

References

• Rent Law: Texas Security Deposits
• Rent Law: The California Eviction Process
• Florida Department of Agriculture and Consumer Services: Florida's Landlord/Tenant Law