Landlords and property managers are meticulous in their contracts and lease agreements, making sure that their tenants adhere to their “rights” as property owners. But what about your rights as a tenant? Are there certain rights that you can claim which may not always be clearly stipulated in the agreement you signed?
In this article we’ll explore some of the tenant rights you have. These rights are legally binding on all property owners and cannot be changed in any contract you’ve signed. Go through this list with your lease in front of you and see if you spot any contradictions or notice any discrepancies in the way you are being treated as a tenant.
The Home You Live in Must Be Habitable
As a tenant, you have rights. One of those rights is the benefit of living in a home that is safe, warm, and accessible. A home that doesn’t have these elements is not habitable, meaning your landlord or property manager must do something about it. If the home you live in doesn’t have lockable doors, water, electricity, or heat, you can claim these rights as a tenant.
Also remember that you have the right to the lease you signed to check what your agreement with the landlord is. A written-out lease with all applicable signatures is a legal requirement, so don’t accept a digital lease, as this may cause problems later on.
Certain Details About Your Life are Off-Limits to Your Landlord
Tenants in the US have the right to privacy, meaning you can legally withhold certain information about your personal life from your landlord if it doesn’t have anything to do with your tenancy. If you’re struggling with a landlord who insists on prying into your personal life, you can choose to exercise your right to privacy by declining to give that information.
Another aspect of this right is the landlord’s access to the property. Even though he or she is the owner of the property, they do not have the right to enter your property for inspection or any other reason without giving you 24 – 48 hours’ notice beforehand.
You Cannot Be Denied Tenancy Based on Inherent Characteristics
For some reason, discrimination is still alive and well in America, and there are some people who may deny your right to rent a property based on certain inherent characteristics. These include your ethnicity, your sexual orientation, your gender, any disabilities you may have, how many children you have, and even what line of work you are in.
If you’ve been denied tenancy and can prove that it’s because of any of these characteristics, you can legally exercise your right to prosecute for discrimination. Evidence is crucial if you choose to go this route, so be sure to have all your documentation ready to prove that this is the case.
Repairs are Obligatory, Not Optional
A landlord who refuses or stalls when it comes to house repairs can be legally challenged and forced to fix things that are broken or not in working order. Repairs must be done within a reasonable time. Urgent repairs must be conducted within 3 – 7 days of the landlord or property manager being notified. Less urgent repairs must be done within 30 days of you notifying them. This is US law and cannot be negated by any written contract.
Victimization of Tenants is Illegal
But what happens if you actively enforce your tenant rights only to receive some sort of backlash from your landlord? This is victimization and can have serious consequences for your landlord. If he or she is in any way making your life difficult because of past claims to your tenant rights, you can take legal action against them.
Many of these cases are subjective and require hard evidence to prove valid. It’s always a good idea to keep a strict record of all your communications with your landlord and/or any of the property managers who correspond with you from day one.
You Cannot Be Evicted Without Reasonable Notice
Another right you have as a tenant is the right to receive reasonable notice before being evicted. If you’re being evicted on unfair grounds like the points mentioned above, you can enforce the right to remain a tenant of the property. But if eviction is based on legal grounds, you must still be given 30 days’ notice before eviction takes place.
Wrapping Up
If any of these injustices are occurring between you and your landlord, make sure they know that you’re aware of your rights as a tenant. In most cases, landlords will back down if they understand that their tenants are knowledgeable on certain legal points and that they can’t be pushed around or bullied. But if your landlord persists in violating your tenant rights, you do have a case that can be pursued through a good lawyer.
Source: Lemonade.com
