Settling Down

Basic Rights for Apartment Tenants

Hello FlokqJune 12, 2020

Human rights, civil rights, personal rights-you name it. There are a lot of laws that differentiate by its purpose, meaning, category, where it comes from, and whatsoever. Practically everything has a law over it, this includes being an apartment tenant. Apartment tenants include the renters and roommates or sub-tenants. Each of you has the same equal tenants’ rights with prominence.

Now, you might be wondering, what rights do I have? What are its purposes? These rights are created for you so you’re able to govern your living space and preserve your landlord’s responsibilities. To the extent of preventing housing discrimination and rent gouging while ensuring that tenants have a secure, clean place to live. Knowing as much as you can about your rights helps you stand up for yourself in case situations go south. So here is a list of rights and prominence that apartment tenants have.

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Anti-Discrimination Laws.

If you apply to rent a unit, there is no legitimate reason that you can be rejected based on race, color, religion, age, sex, national origin, family status, and mental or physical disability. This includes advertisements about the rent that exclude any of those protected characteristics. Some states, for example, America, also extend these protections to other classes, namely for LGBTQ individuals. Moreover, you incline to have state and local laws in your particular area that further forbid this as well as discrimination based on other categories. 

Another circumstance in tenant-landlord rights is that if you apply to rent and you have a disability, your landlord must make reasonable accommodations for you, such as installing ramps or leasing you a lower unit. Nevertheless, major reconstruction is commonly not required. If the building or unit has lead paint inside, this information must be given to you before you rent. In order to prevent unwanted things from taking place in the future.

The Right to a Habitable Home.

A habitable home is a term used to describe the unit or the rent is reasonably fit to be lived in. This means your apartment should be free from any unsafe conditions (bad electricity, paint, lead, lack of running water, holes in the floor, etc.), this includes substantial infestation of rats or cockroaches or other such problems that significantly will bother you. That’s also the reason why checking your apartment in-person is a significant method. Furthermore, your landlord is obliged to make any necessary repairs to keep your unit in reasonable condition before you rent the place, and while you live there.

Tenant’s Right to Privacy.  

Another prominent element regarding a habitable home of tenants’ legal rights is the right to have privacy. Owning the building you’re renting doesn’t give the landlord any right to barge in any time they wish. As a tenant, you have the right to a rational level of privacy. There may be times when the landlord needs to access your rental property to do a repair or check something, but they are specifically required to give you notice in advance. 

On the other hand, they also have the right to conduct reasonable background checks into a prospective tenant’s credit history and criminal records. Both tenants and landlords have their rights and limitations to protect themselves. In addition, every state might have specific laws about how much notice you ought to receive if the landlord needs to enter your place for repairs or show the unit when you move. The notice must also include your consent of agreeing regarding the repair.

Money Importances.

There are specific landlord-tenant rights about your security deposit. When you rent, you normally are asked for a security deposit upon signing the lease to protect the landlord against damage you may cause in the future. Which is then returned to the tenant after the lease term ends (deducted by any money needed for repairs, cleaning, or unpaid rent). Some states set caps on these deposits, but even if they don’t, your landlord must treat all renters in an equal manner and not impose a higher deposit without reason. 

Keep in mind that a pet or other factors considered liabilities can be a reason for a higher deposit. State laws control & place limits on how much of a deposit a landlord may require and also how long the landlord has to return the deposit and if interest will be accrued. If some of your deposit is kept, you are entitled to signed documentation of the damage it is being used for. 

Lease Termination.

A lease is a binding contract between you and your landlord regarding the payment fee, agreements, and whatnots in the renting. Hence, breaking it for an unreasonable excuse is a breach of contract. However, sometimes life intervenes with your plans and you are placed in a situation where you need to break a lease. It could be moving to another city for a job, getting married or divorced, deciding to buy a home, moving in into your partner’s house are all reasons you encounter yourself needing to discuss with your landlord about your options. 

Remember to consider and understand any settlement coming by breaking the lease in unspecified time. Your rights will vary from country to country and oftentimes you will incur a penalty for leaving early. However, sometimes, if you give plenty of notice and offer to help your landlord to find a new tenant, you may get off easy and not be penalized. But if your landlord feels that he or she may have a hard time renting out your apartment, you are likely obliged to pay your rent until a replacement is found. But don’t put too much burden on yourself. The best place to start is with a conversation with your landlord.

Eviction Issues.

Landlord-tenant law permits your landlord to evict you if you breach the lease (break a promise you made in the lease), including if you fail to pay your rent, have people or animals living with you that are not allowed under your lease or at the worst-scene scenario, you commit a crime on the premises. The difference between terminating the lease and eviction is that in this case, you are likely doing things that evoke misunderstanding and harming your landlord’s rights. Therefore, your apartment renters’ rights entitle you to notice of a claim of eviction and time to pay the unpaid rent or mend whatever you’ve done to breach the lease. 

By this, the landlord can file an eviction proceeding in court. This is the situation where it becomes intricate. You’ll receive notice of this and have a chance to appear in court. You’ll have the opportunity to file an answer with the court and present your side of the story. If your landlord is successful, you could be required to pay back rent and attorney’s fees and a writ will be issued for your removal from the unit. Of course, you can avoid all this issue beforehand. Just be more careful and wise. 

Dealing With a Bad Neighbor.

When you’re trying to sleep at night and all of a sudden a loud music tantrums from your walls or you can smell the reek of trash down the alley from your neighbor’s, these situations are irritating. Of course, there will be a way to cope with this. The first step to solve the situation is to talk with the neighbors directly. It’s possible that they do it without purpose or they don’t realize that they are bothering you. If this is the case, then it’s fairly easy to find a clear solution. 

Though, if this doesn’t work, parley with your landlord and see if they can help to reach out to the other tenant. If at any given circumstances, the problem isn’t resolved yet, you are welcome to involve the police or go to court as a last resort. However, if the issues are more of a nuisance than a serious problem, you can try taking measures on your own to not allow them to get under your skin. 

Additional rights that as important as written above but aren’t written on legally in the law book, these rights are almost as if they are human rights, they are:

Be a Discreet Tenant.

To protect your apartment renters’ rights, be certain to examine your lease carefully so you truly understand what you are agreeing to. This is highly important to prevent unwanted circumstances. Also, renter’s insurance will help protect your personal belongings from theft and damage. Start by taking photos before you move in to show the condition of the unit. Try to develop open communication with your landlord and report any repairs that are needed as quickly as possible. It is recommended to build a good relationship with you and your landlord.

Moreover, if there’s a tenants’ association in your building, it’s good for you to join it. The association will embrace and keep you updated. This organization is designed to help you understand your rights, provide access to legal assistance, and create better bargaining leverage with the landlord. Remember that, your landlord is forbidden to retaliate against you for joining an organization like this.

Looking for Help.

Tenant rights dispute mainly focuses on late or unpaid rent, security deposits, damage, or repairs that are needed. If you and your landlord are unable to resolve your differences yourself, using mediation through the local bar association or business association can be a low-cost way to come to an agreement. You have renter rights that allow you to take legal action if your landlord breaches the lease, does not return your deposit (or deducts from it without reason), or does not keep your unit in reasonable condition.

It is also illegal for your landlord to retaliate against you (raising your rent, evicting you, or refusing to care for the unit) for merely doing what is within your rights. You can file in small claims court for enforcement of your rights. If your landlord files a case against you, you must have noticed, time to respond, time to fix what he or she is complaining about, and a chance to defend yourself in court. You always have the right to appeal any court decision.

After explaining these eligible rights that apartment tenants have, we wish you to educate yourself at all costs. Educating yourself permits you to make good decisions and be prepared for any circumstances that could occur in the future. Remember that, your comfort is foremost and necessary.

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