Legal Fairness for All
Providing Access to Affordable Legal Help Since 2002
Are You a Renter? Facing Eviction? Can't Get Your Deposit Back? Other? Get Affordable Legal Help Today
Most of the time you and your landlord probably get along just fine. You pay the rent, and he ensures that you have a habitable place to live.
Complete Our Brief Form so a Representative Can Reach You! You Can Soon be Talking to an Affordable Lawyer in Your Local Area
Once you submit this form, please expect a call from a representative shortly.
But what happens when something goes wrong? The heater stops heating or the plumbing backs up? This is when things can get dicey, but you do have legal protections as a tenant.
Landlord/tenant rights and responsibilities are stipulated in federal, state and local law, so they can vary. Even so, most jurisdictions have the same basic renter's rights protections. What are they?
Your Right to a Habitable Home
This means that your home must be a safe, clean place to live. It must have heat, water and utilities. Your landlord must make any necessary repairs to keep your home in reasonable condition while you are a tenant.
Your Right to Privacy
Most state laws say that a landlord has a right to entry, but that a tenant also has a right to privacy.
As a result, your landlord must have a valid reason to enter your home and he cannot enter without notice. How much notice he must give varies by state.
Exceptions include emergencies and if you have given your landlord prior permission to enter.
Your Right to Quiet Enjoyment
As a tenant, you have the right to quiet, undisturbed use and enjoyment of your home.
This means that you have the right to have a home free from recurring disruptions or disturbances, such as odd noises, harassing texts or phone calls, particularly from your landlord.
Your renter's rights also include the landlord making repairs in a timely fashion and not dragging them out as a way to harass or intimidate you.
Not all jurisdictions have explicit laws regarding the quiet enjoyment of your home. Neither do all leases.
Most courts, though, recognize this implied warranty or covenant and enforce the idea that you have the right to live undisturbed.
Your Right to Fair Housing
Federal law states that you can not be discriminated against based on race, color, religion, age, sex, national origin, family status or mental/physical disability.
This means that your landlord cannot decide to evict you because you change your religion to one he does not like. He cannot kick you out if you become pregnant or disabled.
Your Right to Your Security Deposit
In most cases, you pay the landlord a security deposit to protect him against damage you may cause to the property.
Most states specify how long a landlord has to return your deposit after you vacate the property. Most also direct your landlord to give you an itemized statement about how your deposit has been used for cleaning, repairs, back rent and other charges, such as unpaid utility or cable bills.
The best way to get your security deposit back without hassle is to be a mindful tenant. Do not damage the home and keep it clean. Do a thorough cleaning just before you move out so your landlord does not have to hire a cleaning service (and charge you for it).
Your Eviction Rights
In general, your landlord has the right to evict you if you breach the contract you signed when you moved into his property.
For example, if your lease says that you are not allowed to have pets and you adopt a dog to live with you, then you have breached your contract and the landlord has grounds to evict you.
This does not mean, though, that he can enter your home and demand that you leave within the hour.
Each state spells out the eviction process. In most, you have the renter's right to receive a formal eviction notice that gives you time to fix the stated problem.
So if you are behind on rent, the landlord must give you time to make a payment. If he is angry about the dog, then he must give you time to find it a home.
If you do not fix the problem in the time allowed, then the landlord can file eviction papers with the court. You will have the opportunity to defend yourself in front of a judge.
If you lose in court, then not only will you be evicted from your home, the judge may also order that you pay your landlord's legal fees.
Your Right to a Legal Lease
No lease supersedes local, state or federal law. In other words, the law is the final word, not the lease.
For example, if you live in a state that says tenants do not have to pay for major repairs, such as broken pipes or a broken hot water heater, but your lease says that such repairs are the tenant's reponsibility, then that portion of the lease is invalid.
Know Your Tenant Responsibilities
As a tenant you do have legal rights, but it is also important to understand your responsibilities.
Abide by the Terms of Your Lease
Your lease is a legal contract. When you sign it, you are agreeing to its terms. If you do not like the terms, then it is probably not a good idea to sign the lease in the first place.
If you follow the terms of your lease - unless the lease contains illegal clauses - then the chance of you and your landlord butting heads is lessened, making life easier for everyone.
Pay Your Rent
The bottom line is that unless you have made other legal arrangements with your landlord, you must pay your rent. No court will let you stay in a property if you do not pay the rent according to the lease terms.
End the Lease as the Law Requires
Just as the landlord must give you time before he begins eviction proceedings, you must let your landlord know when you plan to vacate the property. This is usually done with a written 30 days' notice, but the length of time varies by state.
Contact Us for Help!
The most common landlord disputes involve unpaid rent, property damage, security deposits and eviction. If you cannot come to terms with your landlord on your own and need legal help enforcing your rights, then it is time to talk to a professional.
Contact us and soon you can be talking to a skilled, knowledgeable lawyer in your area today to make sure that your rights are protected. We've been helping people obtain affordable legal help - NOT at $350 to $500 per hour - for 20 years.
Complete our short form at the top of the page and we will contact you to talk about your situation. No contract. No hourly fees. No retainer. No catch. Just the affordable legal help you need now.
"My landlord would not return my security deposit and then stopped communicating with me. I talked to the representative and got a lawyer who got the landlord to do what he was supposed to do and return my money!" -- Ethan W., Ohio
"I got peace of mind when I talked to the lawyer who offered affordable help right away. It feels amazing to be done with this." -- Jamal G., California
"The lawyer really helped. My heat went out and the landlord kept saying he would fix it but never did. The attorney sent him a letter and soon after I had heat. Thank you." -- Maria L., New York
"I moved into a new apartment and the landlord wanted me to pay for damage caused by the last tenant. I couldn't fight this on my own so the lawyer fought it for me. Thank you so much for the help." -- Shasta M., Nevada
Legal Fairness for All | Copyright (c) 2002-2022. All rights reserved.
The content provided on this site is informational only. It is not legal advice from a lawyer, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Users of this website should contact an attorney to obtain advice with regard to any specific legal issue.