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Tenants' Rights

When you find the apartment of your dreams, everything is golden. The right space at the right price with every imaginable amenity has a powerful affect on people; it can make an otherwise cautious person forget to check out some of the realities of apartment living before snatching up that perfect new pad. Realities like noisy neighbors, possible crime, or even someone else's very loud pet.

As a renter, what rights do you have? What exactly does your new landlord have to let you know before you sign your name on a lease? Familiarize yourself with your rights and head off some issues before they stand to become problems.

Renters' Rights

Specific rights for tenants and landlords vary by state and local laws. Usually, housing laws relate to the physical property of the rental and the terms of the lease. Major issues spelled out by many states include:

  • The amount of rent: Certain geographical areas are covered by rent control, which caps both security deposits and rents charged by landlords.
  • The physical condition of rental property: Most housing laws require rental property to have certain standards for habitability. While this may seem subjective, habitability is typically defined as vermin-free with working plumbing, electricity and heat.
  • Access to the rental property: Both landlords and tenants have rights concerning access to the rental property. In most places, landlords must notify renters before they enter the property. Obviously, exceptions are made in the event of an emergency, such as flooding.
  • Eviction: Ideally, everyone pays rent on time and moves out only after providing their landlord with the proper notice. Realistically, tenants sometimes abandon property and landlords need to evict. There are laws in place to protect the rights of the tenants and landlords in those situations and in even more unusual circumstances. These laws vary by location. For example, if a tenant in certain states is evicted and leaves behind personal belongings, the landlord has the legal right to pile the tenant's property on the curb (this is rare, though). In other places, the landlord must store the personal property for a pre-determined length of time.
  • Liability: Specific laws governing liability vary by location and cover both accidents caused to and caused by the rental property. Who is liable for an accident on the property, if the condition of the property leads to health problems or is somehow hazardous? Local laws address these issues. Recent liability cases have dealt with the presence of lead paint and/or mold in older buildings.
  • Discrimination: The U.S. Department of Housing and Urban Development (HUD) is a government body set up to ensure potential tenants are not discriminated against. A federal law is on the books; it says that no one may be denied access to renting personal property based on his or her race, color, national origin, religious beliefs, sex, familial status, or disability.
  • Disclosure: So, what about the other tenants in the building? Do you have a right to know about any existing diseases or deaths that have happened in the building? Does your landlord have to disclose death, suicide, or disease to you? It depends. There is no federal law governing what your landlord has to tell you; instead, local codes mandate what landlords have to tell you about. Some places require a landlord to disclose any deaths that may have occurred on the property; while others require landlords tell new tenants about only violent deaths. If you're really curious about your potential new rental property, your best resource will be your future neighbors.

Where to Find Your Rights

Whether you're signing the lease or collecting the rent, you will always benefit from learning your rights. If there is a Fair Housing Board in your area, this can be a perfect resource. These groups are typically non-profits or government run, and were created only to assist people in getting a better grasp of their housing rights. As always, the Internet is a great resource; you can more than likely find city or state websites with information on rental-related legislation as well as common questions and answers. Ask any questions and make sure your dream apartment doesn't turn out to be a nightmare.

LegalZoom is not a lawfirm and can only provide self-help services at your specific direction. Information contained above is subject to change and is not applicable to every state. Visit LegalZoom.com for specific state-by state-documents.

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