Understanding and Respecting Tenants’ Rights
It’s essential for landlords and property owners to understand and respect their tenants’ rights. Knowing the law, offering clear communication, and providing a safe living environment all help create healthy, mutually beneficial landlord-tenant relationships. But what do tenants have the right to when it comes to their rental agreement?
Tenant Rights Are Defined by State and Local Laws
Tenant protections vary from state to state. And even within a state, county or urban area, local laws may provide additional tenant rights, so it’s important to understand the specific laws of your area. Laws can define what type of rental agreement is required, whether tenant-landlord disputes should be settled through mediation or arbitration, and when or if a tenant can break a lease.
Understanding Tenant Rights and Responsibilities
Tenants have the right to expect certain things from their rental agreement. This can include:
- A safe residence: Tenants have the right to expect reasonable and accessible safety precautions from their property manager or landlord. This can include measures such as properly functioning smoke and carbon monoxide detectors and locks on windows and doors.
- Healthy living environment: Tenants have the right to expect air quality standards that won’t cause health issues, such as mold, infestations, vermin, or dangerous chemicals.
- No discrimination: Tenants have the right not to be discriminated against on the basis of race, religion, national origin, gender, age, or disability.
- Protection against retaliation: Tenants have the right to expect reasonable repairs and maintenance without being subjected to landlord retaliation.
- Responsive communication: Tenants have the right to expect to hear back from their landlord in a timely manner. They also have the right to expect transparent accounting of their deposits and repairs.
Rental Agreement Rights and Responsibilities
In order to prevent disputes, it’s important for both tenants and landlords to understand what is expected of them. Common tenant rights and responsibilities include:
- Following all terms and conditions of the rental agreement: Tenants are responsible for understanding the rules of the agreement and following them according to the terms of the contract.
- Preventing damages: Tenants are responsible for taking reasonable care of the property and not causing any intentional or reckless damage.
- Paying rent on time: Tenants must adhere to the payment schedule set out in the rental agreement.
- Notifying the landlord of any repairs: Tenants have the right to expect timely repairs and maintenance from their landlord, and should notify them immediately of any necessary maintenance or repairs.
Know the Laws for Breaking Leases
In some cases, tenants may need to break their lease. This could be due to a change in their living situation, such as the addition of or departure of roommates, a medical emergency, or a job relocation. Before breaking the lease, it’s important to understand the legal implications. State laws vary, but typically a tenant can break a lease if they give the landlord sufficient notice, such as 30 or 60 days in advance, and are able to cover any costs the landlord may incur.
Tenants Should Be Aware of their Rights
It’s important for tenants to be aware of their rights and responsibilities in order to protect their housing needs and ensure a healthy landlord-tenant relationship. Tenants should take the time to read the rental agreement thoroughly and ask questions about any points they are unclear on. If tenants are living in unsanitary conditions, their rent is being raised, or their landlord is harassing them, they should understand their legal rights and contact their local housing authority for assistance.
Know the Laws for Landlords
Just as it’s important for tenants to be aware of their rights, landlords also have specific laws they need to be aware of. Landlords are not allowed to evict tenants without a legal process and they must provide proper notice to the tenant before doing so. They should also be familiar with the local and state tenant-landlord laws and understand their responsibilities, including:
- Making repairs and providing proper maintenance: Landlords must ensure the rental property is livable and maintain it properly.
- Providing receipts or records for payments and deposits: Landlords must maintain accurate records of deposit payments, repairs, and maintenance.
- Returning deposits in a timely manner: Landlords must return deposits to tenants within a certain time frame.
- No discrimination: Landlords should not discriminate against tenants in any way, including in the application process, rental terms, or eviction proceedings.
Conclusion
Understanding and respecting tenants’ rights is essential for both landlords and tenants. Tenants should take the time to read through their rental agreement, be aware of their rights, and understand their responsibilities. Landlords should also be familiar with the tenant-landlord laws in their local and state area and understand their responsibilities, such as providing repairs and maintenance, and keeping accurate records and accounts of payments and deposits. Doing so will help landlords and tenants have healthy, successful, and mutually beneficial relationships.
