Know Your Rights as a Renter

Many people choose to rent their living space for a variety of reasons; high cost of homes, a job that calls for constant travel, newly married couples. Whatever the reason, it is important to realize that you have as many rights as the landlord. You also have responsibilities. The fact that you don't own a home does not make you inferior. Knowing your rights as a renter can assure that you are treated fairly.

Begin by always obtaining renters insurance. Renters insurance can be as low as $100 a year. It covers your own personal property that is inside the rented home. If the house burns down or is otherwise destroyed or damaged the landlord has no legal responsibility for your possessions. But you can be sure he has a hefty policy on his home. Linda Bryant of Manchester's Guess Insurance suggests adding a liability clause to your renters insurance. "That way, if you leave your vacuum in the middle of the floor and a guest trips and breaks a leg, your covered."

Secondly, always have a lease of some kind. It doesn't matter if your renting from your mom or the pastor, having a rental agreement protects everyone involved. Don't assume that because you know the person well you don't need a lease or don't need to be fully aware of its contents. READ YOUR LEASE. If you cant understand it, ask someone to help you.

If you do get evicted be aware that legally you must first get written notice. Landlords can't just lock you out, even if you are behind on rent. They must get a court judgment first. If you don't move after proper notice was given then the landlord may file a lawsuit to evict you. This type of lawsuit is sometimes called an unlawful detainer, or UD lawsuit.

To win, the landlord must provide evidence that you did something wrong that justifies ending the rental contract. If you do not have a written lease, you have the right to occupy the property from month to month. This means that you cannot be evicted without at least one month's notice. If you have a written lease, the lease might give you the right to stay longer.

State laws have very in depth requirements for landlords who want to end a rental agreement. Each state has its own procedures on how eviction papers must be written and served to you. Landlords must follow state rules and procedures exactly.

Don't be afraid to take legal action yourself. If you are being harassed, sexually or otherwise by your landlord you have legal rights and involving the law may be to your advantage. Your landlord has to keep up the property according to the states building and housing codes as they affect health and safety. The landlord must also make any repairs necessary to keep the premises fit for human habitation.

There are things that can be done if your landlord doesn't make the repairs. First, send a letter to the landlord listing all the problems. If he doesn't comply, ask the local housing inspector to visit and verify problems. Keep a copy of the letter and inspection report. If repairs aren't made in 14 days, you can file a court action called a rent escrow. In rent escrow, rent is paid to court instead of to the landlord.
If you give your landlord a security deposit, he is required to identify the bank in which it is held. If he doesn't do this, he may not keep your deposit.

After you move out, the landlord must return your security deposit unless you receive a written list of damages that will be charged against your deposit. If you sign the list, the landlord may assume that you agree to these charges. If you do not sign the list, you must give the landlord a written objection. If you leave owing rent and do not demand that your deposit be returned, the landlord may apply the deposit to your unpaid rent after 30 days.

Not all landlords are lousy but knowing your rights as a renter can help protect you in any situation. Laws vary from state to state and even from county to county so it is a good idea to do some research at the library or contact a lawyer to make sure.