Know Your Rights as a Renter
From Privacy to Repairs
Once the deposit and rent has been paid, a rental home is private. Landlords are required by law to honor that privacy. Entry is allowed to make necessary repairs to the property and in some cases, entry is permitted to judge if repairs or maintenance are necessary. Tenant laws vary from state to state but in many places, advance notice and permission are required. Advance notice can range from 24 to 48 hours. Some states allow entry if the renter is absent for an extended period of time defined as seven days or more. Still, entry is to be gained for the sole purpose of repair work or to see if repairs are needed. Landlords are not allowed to enter any rented space to learn about tenant's habits or other personal areas. Nor are landlords allowed to look through any renter's possessions for any reason.
In the event of a valid emergency - fire, major water leak, natural gas leak - landlords have the right to enter even if the renter is not at home. In most states, such emergencies are the only time in which landlords can enter rental premises without permission.
Renters pay for the privilege to live in a space owned by someone else. In exchange for that rent, tenants are entitled by law to have basic needs met. Landlords must provide the minimum requirements for light, ventilation, and electrical wiring. All of these must conform to local codes and standards. In most places, landlords are also required to provide working smoke detectors and basic security measures (i.e. a lock and key). Heat, water, and electricity must be available. Rental premises must be clean, sanitary, and structurally sound. Renters uncertain of what code requirements exist in the area can contact the local building authority, housing authority, health department or even the fire department. And, all renters, must have access to water, electricity, and heat.
Tenants are required to maintain rental space in the same clean, sanitary fashion. Most are expected to report any hazards that require repair. Renters who fail to maintain premises in a clean manner that attracts pests such as ants, roaches, or rodents (if these are not present in the building or surrounding apartments) can be liable for the cost of extermination. The landlords can have the services performed by a professional then send the bill to the renter or ask that the renter have the services done.
When repairs or maintenance is needed but a landlord fails to provide these, renters have several options. The first is to perform what's necessary and then deduct the cost from the next rent payment. Another is to withhold rent until the problem has been corrected or to pay less rent until repairs have been made. Tenants are free to contact the local building or housing authority to report the landlord's failure to comply with housing laws. And, it's possible to move out without owing any further rent - even with a lease when repairs or maintenance is not performed as needed.
Keep communication lines open and strive for a good relationship with a landlord. Ask for repairs as needed and suggest normal maintenance. Allow a reasonable time before taking additional action. Remember that a rental agreement - whether or not it involves a lease - is an equal partnership and that both parties have rights under current housing laws. Never allow a landlord to invade private space without a valid reason or to withhold necessary utilities such as water or electricity.
When in doubt, consult a local authority or an attorney.
Published by Joetown
Writer and mom View profile
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13 Comments
Post a Commentmy father in law rent the house for almost 25 years until now. All defective parts in the house had been repaired by her own payment.. it means from his pocket for all the repairs needed to replace. Aside of that my father in law informed the owner or the landlady that need to replace the parts defective and the landlady allow my father in law to change. Then as of now since the landlady was not good of her health and her daughter in law was assigned to managed the house and lately he said the house need to renovate. My question is can all the expenses we used for the repair will be back to us or what will be the laws for that cases. Please advise. Thank you in advance
I have rented a house for the last 4 years,I have mold on all my windows,walls,and ,even in my closets.I have no water pressure outside,the windows are so bad they are black.my basement leaks water,the electric box shoots out sparks.I told my landlord about the electric 3 days later he came with an eviction notice telling us we had to move that he was not fixing anything.He said it was due to us damaging his propery.He said that the outside light (globe) was broke wich it was i broke it changing a baulb.But I repalced it he said that our bathroom cabinet door was hanging wich it is but it is because the hole side is rotted out wich has nothing to do with us.He says a kitchen cabinet door is broke wich it is not.I have pics.of all the things he said we did that we did not do.It is due to mold.Aso there is panneling in the bedrooms that has pulled away from the wall and s[plit due to again mold so we took part of the panneling down so it would not hurt our kids.So I dont see where we di
My landlord has been informed that my roof is leaking since hurricane rita and has only done patchwork here and there ,but did not solve the problem.he has told me he is going to replace it and also tells me he has finacial problems.now mold has become a problem and im affraid that this may make my family sick. what do i do?
i came home from Christmas vacation to find my memory foam mattress soaked in mildewed water. the water had leaked threw the ceiling, the people who live upstairs swear that nothing had leaked or spilled. my bedroom is right under their bathroom where i believe the water came from. i had them turn on water in every appliance they have in their bathroom and nothing leaked, so i don't know where the water is coming from it doesnt seem to be a problem with the pipes. there is a possibility that the water leaked in from the roof. now i don't have a bedroom to live in until everything gets fixed and i am out a $1,600 mattress is my landlord responsible for the damage??
we had a grease fire in our apartment but the fire was contained in the pot the grease was in. their was smoke damage and water damage from from the sprinkler bursting and the fire department coming in and spraying water everywhere. but at the end of it all, they replaced the old stove, painted a small part of the kitchen ceiling, dried the carpted and all of that came up to $3,100 for us to pay. What can I do? I don't have renters insurance and I'm not trying to get out of it but if their is some things I need to look into I would like to know. Thanks
who is responsible for fixing a toilet that has problems, and has had problems from day one.
can the apt complex owners force a tenant to carry renters insurance?
i need to know who is responsible for water damage, last week a pipe burst in the wall of my apartment, they did come in and clean up, but the carpet is old and will notlay down now that it has been soaked, also my entertainment center has water damage and the wood is chacked i need it replaced.should they not pay for this and replace the carpet.
I have been renting an apt. for about two years. I just resigned my lease two months ago and my rent went up $25.00. I was looking through the paper and saw an ad for the same apartment that I am renting and with the same landlord, but they are renting for $100.00 less than what I pay. This just doesn't seem right, or fair. Can they actualy get away with this?
i have been living in a house for the last year, i got 2 months behind on my rent because i was in the hospital for cancer surgery, i have not been able to catch up the back rent, but i am still paying my rent every month, living here and trying to catch is not happining, if i was to try to move could the landlord lock my things up till i pay the rent?