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More than one-third of American households live in renters, which means that the tenants living in these housing units have landlords.
The relationship between the two can sometimes be tricky.
The tenant has rights, and the landlord who owns the tenant’s residential property also has rights.
The rights of tenants vary by state and local jurisdiction, so this is a general guide to these rights and who-the tenant or the landlord-is responsible for what.
General rights of tenants
The most basic right is to obtain a house in good condition, also known as a guarantee of habitability.
This usually includes a space:
- Safe living.
- The structure is reasonable.
- There are public facilities for work.
- There are working pipes for hot and cold water.
- Heating or air conditioning available (depending on jurisdiction)
- Equipped with undamaged and locked doors and windows.
- No pests or other pests.
- Working smoke detector (required in some jurisdictions)[TS1] )
Usually, a lease or formal agreement is signed between the two parties, which outlines some of the responsibilities, such as the amount owed and when it is due, what happens if the rent is delayed, the length of time the tenant is allowed to live in the house, etc. .
“That right or that guarantee [of habitability] Whether there is a lease or not, it exists,” said Marcos Segura, his staff lawyer National Housing Law ProjectAll states except Arkansas recognize the warranty in residential leases.
Renters also have a right to privacy, which means that once they rent a house, they can use it legally.
The landlord can only enter the house to conduct inspections or make appointments or necessary repairs. Entry can only be done at a specific time and with sufficient notice.
“But there are exceptions,” Segura said. “You don’t have to notify the tenant, and there is some kind of imminent emergency, such as a gas leak, a fire or an alarm.”
Regarding rent, the tenant’s rent cannot be increased during the lease term unless permitted by the jurisdiction. If the tenant does not intend to stay after the lease ends, some leases require notice.
Unexpected landlord
according to American Apartment Owners Association, Half of landlords are not big companies, but people who own one or several properties.
“There are a lot of things we call accidental landlords. They didn’t even try to be landlords,” said Alexandra Alvarado, AAOA’s director of marketing and education. Member organizations represent the landlord who owns and leases a house to a large property management company.
The “accidental landlord” may inherit the house or move to another house and choose to rent out the property. Alvarado said they turned to organizations such as AAOA for help because they are usually unfamiliar with renting.
“It is ultimately in the landlord’s interest to make tenants happy. In the long run, it is much more difficult to find a good tenant to replace another than to make a good tenant happy and keep them in the unit.”
The lessee exceeds the general obligation to pay rent
The landlord must provide the tenant with habitable space, but the tenant has the responsibility to maintain the quality of the property.
The tenant must:
- The rent is paid according to the lease agreement or lease.
- Comply with building or local housing and health regulations.
- Maintain equipment and keep it clean.
- Will not cause any damage.
- Do not violate any laws or allow guests to do so.
- No one is allowed to use rental units for illegal purposes.
“Abrasion is okay. There is no way to prevent this from happening. It is not the tenant’s responsibility, but [a tenant must] Take care of the property and don’t do anything to destroy or damage it,” Segura explained.
Renters are responsible for maintaining peace by turning on noisy devices late at night or early in the morning to not disturb neighbors, or playing loud music when most people sleep.
Solve the problem
So, what happens if the tenant keeps the place generally clean, but the mouse finds it in? Or, what if the faucet starts to leak and damage the cabinet below? Or is the appliance broken?
Alvarado said: “The advantage of renters over homeowners is that the landlord is responsible for all maintenance work unless it is the tenant’s fault,” he added, adding that sometimes it is difficult to distinguish the difference between normal wear and tear and actual damage. .
The tenant needs to report any problems with the rental unit to the landlord. From the beginning of the lease period, it should be clear how to contact the landlord.
“Usually, every lease has some provisions, that is, you are obligated to report problems as soon as you discover them,” Segura said. “If you don’t do this, it will become a bigger problem, and tenants may be responsible for this.”
In some rental situations, especially single-family houses, some maintenance is the responsibility of the tenant, such as lawn care.
Technology Exchange
Alvarado said that larger property management companies usually have an online system to report maintenance requests or problems, while landlords with fewer properties usually provide tenants with their mobile phone numbers or email addresses.
It is normal to give the landlord 24 to 48 hours to respond to the problem or request, and to resolve it in about a week. If it is a livability issue, tenants should expect a faster response. Landlords should let tenants know about their progress in solving problems.
Margin
Usually, the renter pays a deposit to the landlord to prevent possible damage to the property.
The landlord holds this deposit during the tenant’s stay, and returns it to the tenant within a specified time after the tenant moves out of the unit.
As a tenant, please don’t forget to tell the landlord where to send the deposit.
If the landlord does not intend to refund the deposit or only part of the deposit, the landlord should provide the tenant with a detailed list of issues.
Pet deposit
If the rental allows pets, the landlord usually charges a pet deposit, and there may be some restrictions, such as the weight of the pet or the number and type of animals. Some landlords may allow cats instead of dogs.
Segura said that violating pet regulations can be a reason for eviction, and landlords have the right to ban or restrict pets in most cases. The one exception is well-trained service dogs.
“The biggest problem with keeping pets is that people either didn’t notice that pets were forbidden, or they cared but didn’t care and tried to get rid of it. Then the landlord found out about it six months later, and now you either have to get rid of the pet, or You must move. So, the first thing is that you want to keep in touch with the landlord.”
How and when to make a complaint or seek legal help
Disputes between tenants and landlords often involve four things; unpaid or overdue rent, deposits, damage or repairs.
If you have notified the landlord of the problem in writing, but have not taken any action within a reasonable time, it may be time to ask for help.
But don’t just stop paying rent. Segura stated that payments can be withheld in a few cases. Legally speaking, if the house is not suitable for living, the landlord cannot charge rent, but there is a very specific definition of this condition.
He said: “This should be the last resort, because it is inevitable that the landlord will evict you for not paying the rent.”
Whether to pay the rent or not
If you are considering withholding rent or getting into a deadlock with the landlord, Segura recommends that you seek legal representation from a private lawyer or legal aid office.
“At some point, you will receive some notice saying that you will either pay the rent, fix this, or remove the pet, regardless of the situation. There is no doubt that at that time, you want to seek legal help.”
The necessary notification is the first step in the legal process.
He said: “Once the notice is given, the landlord will move. It is really difficult to make the landlord back down.”
In almost all cases, the landlord cannot evict the tenant immediately. There is an expulsion process. In addition, landlords must not lock tenants out, cut off utilities, or forcefully remove tenants or tenants’ belongings.
Ways to protect the rights of tenants
Before signing, please read the entire lease and make sure you understand everything in it, including your responsibilities. If you don’t understand anything, ask.
Other ways to protect yourself:
- Take pictures: When you move in, take photos of the condition of everything. Send this document to your landlord and ask for a signature. Repeat the process when moving out.
- receipt: Obtain and keep all receipts for rent payments. Take photos of checks or account transfer confirmations. This is especially important if you pay the rent in cash.
- Insurance: Purchase renters’ insurance to protect your personal belongings from theft or damage.
- Claim: When there is a problem or what you need, please report the problem to your landlord as soon as possible. Make all requests in writing. The certified return receipt email is an option for communications done via snail mail. Receipt is an option for email.
One of the best ways to protect yourself is to try to communicate candidly with the landlord from the start.
“Once something goes wrong, your relationship with the landlord will make a huge difference, because whether it gets the care it deserves, or whether it will cause some bigger problems, and it may end up like an eviction,” Segura warned .
Tiffani Sherman is a freelance journalist based in Florida with more than 25 years of experience writing on finance, health, tourism, and other topics.
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