Your Rights As A Tenant Under The Landlord Tenant Act

Many landlord/tenant relationships work very well with both parties performing what is required of them as laid out in their leases. However, there may be instances when this is not the case. It is important for you as a tenant to know the laws that protect you. These laws apply in every phase of the process, from the beginning to the end.

Starting Out

You should take a tour of the property you intend to rent with your future landlord. When you do this, you can address any concerns you have and also point out any issues that exist with the property itself. Landlords are legally required to ensure that the residential rental unit is habitable and in compliance with housing and health codes, including structurally safe, sanitary, weatherproofed and with adequate water, electricity and heat. This will ensure that your security deposit will not be used to fix a pre existing problem.

On the subject of security deposits, many states limit the amount that can be charged for this. Once you have decided to move in, you should have no problem doing so assuming you meet the necessary requirements to do so. You cannot be discriminated against based on race, color, religion, disability, sex, family status or national origin and the Fair Housing Act ensures this.

Once Your Have Moved In

One of the great things about renting a property is that you have someone else to take care of repairs and maintenance. Your landlord should handle these in a timely fashion or include a provision in the lease stating that you can order repairs and then have the cost deducted from the rent. When doing these, the landlord must give prior notice before entering your apartment. They will usually only enter for repairs or in case of emergency. Additionally, any rules made by your landlord that are contrary to state law will not typically be enforceable in court.

Moving Away

Leaving an apartment can occur for a number of reasons. The most common are a lease ending, a need to move or eviction. No matter what the case, landlords are typically required to return the refundable portion of your security deposit within 14 to 30 days. This will not usually be the full amount as the landlord may use some of it to make necessary repairs. However, this should not include what is considered "normal wear and tear" and you may be able to obtain an itemized list of what the money was used for. If you must leave before your lease is over, most states require that landlords search for a new tenant as soon as possible rather than have the existing tenant pay for the full duration of the lease. Another situation in which you may end up leaving is if the property is if the landlord has failed to make necessary repairs or has violated terms regarding health and safety. If this is the case, you should be able to break your lease at no cost. This may also be the case if the landlord has made life so miserable that you are forced to move. This may also be cause for legal action, and if that is the case, it may be illegal for the lease to stipulate that you are responsible for your landlord's attorney fees. The final way that you may end up leaving a rental property is in the case of eviction. If this is the case, the landlord may not seize your property for non-payment of rent except in the case of abandonment as defined by law. They may also not evict you as retaliation for something you have done in response to a perceived violation on their part. Furthermore, in order to evict you, they must provide adequate notice and a court order. They are also not permitted to change the locks or have your utilities shut off without notice.

Further Reading

If you are unclear on any of these issues, the internet has a variety of resources, most of which can be found by performing a simple search. Your state website will also have useful information regarding its specific laws. You can also find this information by looking up the relevant departments in the phone book.