You’ve searched and found your first home or apartment for rent, signed the lease, and you’re ready to move in. As you make your move and transition into renting, you’ll need to understand the landlord-tenant relationship and, more importantly, what renters' rights you have. We’ll answer the question and give you the resources you need in case you feel like your rights are being violated.
Every renter has rights on the federal, state, and local levels to help prevent housing discrimination, maintain habitable accommodations, and outline other responsibilities that your landlord has. The Federal Fair Housing Act outlines these rights. Here’s an overview of what those tenant rights cover:
According to the Federal Fair Housing Act, your rental application can’t be rejected based on race, color, age, sex, religion, national origin, family status, or physical or mental disability. State and local laws may also include other protected classes.
Another renter’s right to understand is the Fair Credit Reporting Act of 1970, which requires that landlords or property managers disclose why they denied a renter’s application if it was due to their credit history. Keep in mind that you’ll likely need to have a written request to obtain this information. If you’re renting with bad credit, there are many ways you can make the search easier and find a place that works for you.
Aside from the Fair Housing Rights and the Fair Credit Reporting Act, there are five basic renters rights that you should be aware of when moving into your new place. These will help you keep a good relationship with your landlord and know if your rights are violated.
Security deposits are the amount you pay either when submitting your application or signing your lease. This deposit is set aside to cover damages, repairs, or unpaid rent once you’ve moved out. When it comes to retrieving your security deposit at the end of your rental agreement, you’re entitled to get it back minus any costs needed for repairs or damages. Some states have a specific time frame that your landlord needs to return it. If your landlord or property manager doesn’t return your security deposit because it was used to complete necessary repairs, you’re entitled to a written document detailing how the funds were used.
A big fear for many renters is the threat of eviction. The good news is that if your landlord is attempting to evict you because you breached your lease agreement, you have rights. You have the right to receive a written notice of eviction that details the reason for the eviction and the time frame you have to fix the situation (ex. paying unpaid rent). If you fail to rectify the situation in the time frame, your landlord can file the eviction in court, allowing the official eviction process to begin. At that point, you’ll need to appear in court and present your case. It's always a good idea to consult with a lawyer if you're facing eviction.
The right to a habitable home is meant to protect you while living in a rental unit or apartment. This means that you have the right to live in a safe environment without dangerous issues or unaddressed repairs. This typically means that you have heat, utilities, and water and that your landlord or property manager addresses critical repairs to the place. You’re also entitled to timely repairs, which should be outlined in your lease.
Additionally, your rental unit should have proper and working safety measures, such as smoke and carbon monoxide detectors. Renters also have the right to know if any aspects of the home pose a safety or health hazard, such as asbestos, lead paint, or mold problems. Many states and some federal laws require that landlords disclose these hazards before you sign the lease or rental agreement. If not, you should be able to find this information in your lease agreement. Typically, it's part of the landlord's responsibilities to address these repairs unless the tenant caused them during their time leasing the rental.
Another basic tenant's right is the right to privacy. This means that your landlord or property manager cannot enter your home or apartment without proper notification beforehand. These reasons may include maintenance or showing your unit to future renters. There may also be a specific time your landlord needs to notify you in some states, such as 24 or 48 hours before entry. This can also include rights preventing your landlord from showing up unexpectedly or at unreasonable hours unless related to an emergency.
This is sometimes referred to as the “Covenant of Quiet Enjoyment” and means that you have the right to live in your rental home or apartment without excessive disruptions. This can include unnecessary or frequent maintenance repairs, excessively loud tenants, harassment, and more. The landlord or property manager sets these rules, which may be reflected under regulations in the lease agreement and include things such as “quiet hours,” no-smoking rules, or a cap for the number of days a guest can stay.
Knowing the rights you have as a renter is just the first step - you also have to learn how to protect yourself from any rights violations. Here are a few tips to keep in mind to help prevent tenant’s rights violations.
Is the landlord marketing the property to desired candidates? Does the landlord ask for a suspiciously high security deposit? Do they regularly reject applications from low-income tenants? Is your landlord trying to evict you without just cause? Have they turned off the water, heat, or changed the locks without notifying you? These types of red flags, among others, may indicate that your renter’s rights were infringed upon.
One of the most important things you can do to protect your rights as a renter is to read your lease thoroughly and carefully. Your lease should outline many of the rights and responsibilities you have as a tenant and can help down the line if your legal rights are violated.
When moving in and out of your apartment or rental home, make sure to take photos documenting the condition of your space. If your landlord attempts to withhold your security deposit or claims you left excessive damage, you’ll have the proof you didn’t. Normal wear and tear is expected in an apartment, but landlords should not be withholding security deposits for this reason.
Similarly, if your apartment needs repairs, insist that your landlord complete these repairs. You don’t want to be on the hook for any unaddressed repairs during your time as a tenant.
Renter’s insurance is another option to help you protect your rights - and your belongings - as a renter. Some landlords may require you to purchase renters insurance, but if not, it may be the right choice to help you protect yourself from an unexpected event.
When in doubt, consult with an attorney specializing in landlord-tenant laws or other legal professionals. They can help you determine if your landlord is violating your rights or if it is more of a minor inconvenience that you’ll have to deal with. And before taking any action, speak with a legal professional to help guide you through the process.
Every renter has rights, and you should familiarize yourself with those basic tenant rights and those specific to your rental apartment or home. Knowing these rights and the responsibilities you have as a tenant can make the renting process that much easier and give you peace of mind that your best interests are taken care of.