What Are My Legal Rights As a Tenant?
- A landlord can only enter his rental property when he needs to make repairs, in the case of an emergency, or to show the unit to potential renters or buyers. In many states, landlords must give their tenants advance notice that they plan to enter the unit in a non-emergency situation. However, some states do not have a statute requiring landlords to notify tenants of their arrival. To avoid any misunderstanding, renters should specify the amount of notice they require in the contract.
- As a tenant, you have the right to live in a safe place in decent condition. "Decent condition" can mean different things to different people, but basically, a landlord cannot rent you a property falling apart at the seams. If you see gaping holes in the floor, loose wiring, or several rats scurrying throughout the apartment before you even sign the rental agreement, do not move in. In addition, federal law mandates that rental units cannot have lead paint. If lead paint still covers the walls, your landlord must remove it.
- Because a landlord must make a property habitable, he also bears responsibility for repairing problems which make the property uninhabitable. For example, if the heating does not work during the dead of winter, such a problem makes the property unfit for human habitation. However, if the tenant breaks or damages the landlord's property, the tenant must pay to repair it.
- Laws regarding security deposits vary from state to state, but every state has a law limiting the amount of a security deposit a landlord may request. After a tenant vacates the property, she has the right to receive her security deposit in return within two weeks to a month. A landlord cannot deduct money from the security deposit, unless the tenant has not paid rent, the tenant has not paid bills, or the tenant has caused damage to the property. If the landlord does deduct money from the security deposit, the tenant has a legal right to a written list of the amounts subtracted.
