What Are Tenant Rights?

Landlord and tenants each have rights in the rental process. With those rights come responsibilities as well. Sometimes these rights are referred to as landlord tenant law. In order to have a successful arrangement, both parties should know their rights and responsibilities and act on them accordingly to avoid an eviction.

Tenant Rights

• Living space must be clean and in good living condition when moving in
• Clean and well maintained common areas
• Well lit entry and hallways
• Properly working heat source
• Running water (hot and cold)
• Not to have the rent raised without notice – in some areas, the rent may not be raised during the contract period, even with notice.  Any rent increase would begin on the next lease date.

Tenant Responsibilities

• Pay the rent
• Keep the rental unit and surrounding area clean and in good condition
• Dispose of all garbage
• Repair any damage committed by the tenant or their guest(s)
• Notify the landlord of repairs required
• Allow landlord entry into the premises with reasonable notice and at reasonable times for repairs and/or inspection
• Give landlord notice of any lengthy absences so the landlord can watch the property for any problems
• Provide proper notice to the landlord when planning to vacate the premises
• Return the property to the landlord in the same condition it was received in
• Return all keys once property has been vacated

Landlord Responsibilities

• Provide safe, serviceable living space
• Ensure the property is up to city, county, and state codes and regulations
• Installing safety features such as smoke alarms and fire extinguishers in every unit may be required
• Fix anything that breaks on the property in a timely fashion
• Provide for reasonable control of pests
• Take practical care to ensure other tenants are not criminals
• In some areas, provide reasonable and adequate locks for the property
• Return the deposit, less damages within the amount of time allowed by law
• Do not discriminate against renters

Landlord Rights

• To receive proper notice from a tenant who plans on vacating the property
• To decide whether or not pets are allowed on/in the property
• To increase the rent after a lease expires, unless the property is rent controlled
• May enter the property with notice to inspect and/or make repairs

Failure for either party to live up to their rights and responsibilities is cause for some sort of corresponding action. What kind of action can be taken depends on which of the responsibilities were not lived up to or which rights were violated. Both the tenant and the landlord have actions available to them. The most serious action is eviction.

According to the US Department of Housing and Urban Development, “Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).”

Their website goes on to state, “Title II prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.”

Some local laws take it a step further and prohibit discrimination based upon:

• Homosexuality
• If the tenant has or will have children
• If the tenant(s) is unmarried

If you feel that a tenant has violated the terms of the landlord tenant agreement, or  has not lived up to their responsibilities as a tenant, contact an experienced real estate attorney to protect your rights in the situation.

Complete our short questionnaire and get connected to an experienced tenant eviction attorney in your area who can explain your legal rights and options.