How To Protect Your Rights as a Renter

Knowing and defending your rental rights could help you get more out of your tenancy. Find out exactly how to protect yourself as a tenant.

Renters should know their rights before starting any tenancy, including differences by state and common red flags in a simple residential lease contract. In this post, we’ll show you how to look after your rental rights and stand up for yourself when necessary.

An Overview of General US Renter Rights

Though some rights vary by state, the main points remain generally the same across the whole country. Here are the main rights any US landlord should guarantee:

●     Habitability: Your landlord must make sure the property has working heating, plumbing, and electricity and that it fits local building codes.

●     Equality: Under the Fair Housing Act, landlords cannot discriminate against tenants on the basis of their race, sex, religion, disability, and more.

●     Privacy: Landlords can’t enter your home without explicit notice, which they will usually need to give 24 hours in advance.

●     Deposit protections: Landlords can only take from your security deposit in very specific situations, such as if they need it to repair the home.

●     Disclosures: A landlord must tell you if a property has asbestos or lead-based paint. It’s their duty to be transparent about the home’s history.

If an owner violates any of the above, you should immediately try to seek restitution, which may even escalate to a court case.

State Differences in Rental Rights

Every state administers rental rights differently. Even when a landlord’s broad duties remain the same, they might have some leeway in how they approach your tenancy.

For example, few states have the same procedures for handling security deposits. In New York, the maximum rent is one month, while Florida has no limit. The state you’re in also affects how quickly you get the deposit back and even where the landlord stores it in the meantime.

Some states also have rent control, meaning landlords can’t increase their prices too much. Currently, this affects the following states:

●     California

●     Maine

●     Maryland

●     Minnesota

●     New Jersey

●     New York

●     Oregon

The other 43 rely on the market to set a fair price - anyone who goes beyond the norm here will struggle to attract tenants.

Checking the Lease and Property

Signing a lease means agreeing to every detail within. Read it cover to cover and compare it to existing online templates; these will show you if the document is missing anything major. You should also make sure any details you agreed upon are there; verbal agreements aren’t enough.

You should also check the property itself before signing, even if this means a live viewing. Take pictures or videos of anything that’s amiss, and report these right away so the landlord can start repairs.

Notices and Letters for Your Landlord

If a problem arises during your tenancy, you’ll need special documents to tell your landlord - one could even signal your intent to move out. The main forms worth keeping handy include:

●     Notice to repair forms, which outline a fault that your landlord needs to fix.

●     Notice to vacate forms, which set out your desire to end the contract early.

●     Non-renewal letters, where you state your intent to not renew the lease.

●     Move-out checklists help you check everything when leaving.

These documents help you advocate for your rights while also giving evidence of your tenancy’s issues.

What To Do in a Tenant/Landlord Dispute

If you and the property’s owner have a dispute, you must remember your rights and how to fight for them. You have the right to challenge your landlord without fear of eviction - they can only do this if they can prove you violated the lease’s terms.

Depending on the dispute’s severity, you should consider mediation or arbitration. The former is more of a chance to discuss the issue, while the latter involves an arbitrator’s binding judgment. For more serious violations, file an official landlord complaint.

You should also always address any issues in writing, giving you a clear paper trail of everything that transpires. Don’t be afraid to include photo evidence; you can even refer back to your lease or local rental rights.

When Can You End a Tenancy?

Unfortunately, your right to end a tenancy (even one that isn’t working) starts and ends with your lease. If you want to leave, however, it could be as simple as having an open conversation with the landlord about it.

You can generally only end a tenancy without warning if any of the following apply:

●     Your lease is month-to-month

●     The landlord didn’t conduct repairs

●     You are starting military service

●     You are a domestic abuse victim (only in certain states)

Before signing your lease, consider negotiating a “break” clause that lets you end the tenancy under certain conditions.

Conclusion

As a renter, you’re often at your lease’s mercy - this is why you need to check it over before you agree to anything. Make sure it’s fair, and familiarize yourself with your state’s renter laws; you’ll then be ready to defend your rights in any dispute.

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