The Basics of Landlord Tenant Rights

Both landlords and tenants should be aware of the landlord tenant rights addressed by law and the duties of the landlord and tenant in regard to the property rented or leased. If you have a question about renters rights or duties or the responsibilities and rights of a landlord, the best action that you can take is to consult with an attorney who specializes in rental laws and can easily determine how such laws affect you in your particular situation. To have a qualified attorney contact you, simply fill out the form below.

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General Renters Rights and Landlord Rights

Landlord tenant rights are protected by renters law that is aimed to protect both the rights of the landlord as well as renters rights. Generally landlord tenant rights are governed by state law; however, there are also federal laws and local ordinances that may affect landlord tenant rights.

Landlord tenant rights vary somewhat from state to state and some states have local ordinances, such as rent control, that also aim to protect landlord rights and renters rights. Federal laws generally deal with renters rights in regard fair housing by making discrimination in the renting of subjected properties illegal.

Basically, renters are afforded the following renters rights through renters law in most states.
In many states, there are renters rights that prevent unreasonable rent increases or retaliatory actions by the landlord such as raising rent or evicting the tenant due to the tenants requesting repairs that are lined out in the duties of the landlord.

Tenant rights also deal with security deposits. In most states, the amount of a security deposit is limited by the law. In some states, the landlord has to pay the tenant interest on the security deposit being held. Generally the return of the deposit or the statement of damages deducted from the security deposit is also addressed in landlord tenant rights.

In addition to the renters rights address in renters laws, the tenant also has responsibilities. In general, these responsibilities include:
A tenant who takes care of their responsibilities is less likely to incur expenses for repairing the property upon termination of the rental agreement or lease. Generally tenant rights protect the tenant from the expense of repairing normal wear and tear because that is the responsibility of the landlord in most rental laws. However, the tenant will be held responsible for damages to the property made by themselves or their guests.

In addition to addressing renters rights, landlord tenant rights also deal with the rights of the landlord. In regard to landlord rights, generally the landlord has the right to have their rules concerning the property to be adhered to by the tenant, they have the right to receive the rent in accordance with the terms stated in rental agreement or lease, and they have to right to access the property in order to make needed repairs as long as the tenant rights are taken into consideration. At the end of the rental agreement or lease, they have the right to receive back the property in the condition that it was in when rented without damages, with the exception of normal wear and tear.

The duties of the landlord include respecting tenant rights, such as the right to privacy and the right for the property to be livable. In order to prevent violation of tenant rights, the landlord must maintain the property in regard to making repairs to plumbing and making sure that the access to electricity is available and so forth. Overall, it is the landlord's responsibility to assure that a residential property is able to be lived in by the tenants.

Landlord tenant rights are generally set by state law; therefore, the laws and duties addressed in landlord tenant rights are likely to vary from state to state. Local ordinances and federal laws may also affect landlord rights and tenant rights in addition to the landlord tenant rights set forth in state law.

Whether you are a landlord or a tenant, it is imperative that you understand the basic landlord tenant rights and duties that apply to the situation that you are engaged in. It is highly recommended that you consult with a rental law attorney who practices in your state before signing a lease or rental agreement in order to protect your landlord rights and/or tenant rights. They will be able to give you sound legal advice regarding landlord tenant rights and how they are addressed in the agreement.

Also basic landlord tenant rights that are addressed by law can be revoked by the wording in the lease agreement. This can actually result in revoking those rights because in most states terms that are agreed to in a lease or rental agreement define the relationship between the landlord and tenant as well as imposing rules on the tenant that may or may not be protected under landlord tenant rights.

Verbiage in a lease or rental agreement may not hold up in the court of law; however, it is also best to be sure of the terms presented by a landlord before signing an agreement to make sure that the terms do not supersede or revoke tenant rights.

Concerns Regarding Tenant Rights

Commonly asked questions regarding tenant rights usually deal with security deposits, deductions from security deposits and the eviction process. Some tenants are also concerned with their tenant rights in regard to rent increases and other charges or rules that they may be presented with.

Some renters ask what their tenant rights are regarding the application process of renting a property in regard to criminal and background checks required by the landlord as well as credit checks.

In most states, a landlord can request background checks and credit reports on prospective tenants without violating landlord tenant rights and a criminal record or bad credit is reason to deny the rental of the property to the applicant.

Most state laws that set forth landlord tenant rights limit the amount of a security deposit that can be taken as well as what can be deducted from the deposits. Generally, renters are not responsible for normal wear and tear; however, they are responsible for damages to property made while in their possession whether the damages were made by them or their guests. Landlord tenant rights usually address the timeline for the landlord to return the security deposit to the tenant or to make an itemized statement regarding deductions. In some states, the landlord is required to pay interest to the tenant on the amount of the security deposit that is held by them under renters rights laws for the state.

The landlord tenant rights in regard to an eviction can be very confusing. Renters rights laws actually protect tenant rights in regard to being thrown out of their home in an unlawful manner. Usually, the process for eviction is specifically lined out in renters rights law that is easily understood by attorneys who practice law concerning landlord tenant rights. If you are tenant facing eviction, it is a good idea to have a specialized attorney in order to protect your tenant rights.

Unknown to most renters, tenant rights usually include a clause that landlords cannot retaliate against a tenant by evicting them or raising the rent because the tenants request repairs that are the duty of the landlord or lodges a complaint. If you receive an eviction notice or an increased rent statement shortly after requesting repairs or complaining to the landlord, it may be in your best interest to consult with an attorney who specializes in landlord tenant rights in regard to retaliatory actions taken by the landlord. Renters rights and duties generally include requesting needed repairs that affect the safety and health of tenants or the livability of the property. Retaliating against the tenant for doing so is unacceptable under most laws that deal with landlord tenant rights.

Often, a lease or rental agreement states that the tenant will be responsible for a fee if payment is received late or in the event of insufficient funds regarding the rent payment. Occasionally, tenant rights will limit the amount that tenants can be charged as late fees or for issuing a bad check to the landlord. In some states, the landlord can actually charge the tenant for damages incurred by the landlord due to the chargeback of the insufficient check without violating tenant rights.

Other charges that tenants often think violate their tenant rights include pet deposits. In most instances, a landlord can state in the lease or rental agreement that pets are forbidden from being kept on the rented property. If they allow pets, they can usually make rules in the agreement concerning pets such as limiting the size of the animal or the number of animals that are allowed, demanding that the pet stay outside, etc. In many states, the landlord can require a non-refundable pet deposit without stepping outside laws that protect tenant rights.

Many times it is legal and not an intrusion on tenant rights for a landlord to limit the people that live in the rented property and to set guest rules. Many renters think that their renters rights are being violated if a landlord objects to having guests overnight or for an extended time. If such house rules are stated in a lease or rental agreement, they are not necessarily intruding on tenant rights. Violation of terms set forth in the rental agreement or lease is usually grounds for eviction without disregard to tenant rights.

Understandingly, tenants usually get perturbed by rent increases and sometimes they feel that the increase is in opposition of their tenants rights. In most states, it is not possible for the landlord raise the rent during the term of lease unless such changes are addressed in the lease agreement. In month-to-month rental agreements, it is usually possible for the landlord to increase the rent with proper notice that is lined out in renters rights laws.

Although rent increases are usually allowed in month to month agreements, increasing the rent in a retaliatory manner is a violation of tenant rights in most states. If you feel that your tenant rights are being violated due to retaliation by the landlord, it is in your best interest to contact an attorney that practices law relating to landlord tenant rights. They can advise you what to do to resolve the problem or to be compensated for your troubles.

Landlord tenant rights are established in law in order to protect the interests of both the landlord and the tenant. Landlord rights and tenant rights do vary from state to state and in some areas local ordinances may apply. If you have a question concerning renters rights or the rights of a landlord, it is highly advisable that you consult with a lawyer who specializes in protecting landlord tenant rights.

Everything that affects the relationship and landlord tenant rights are governed by renters rights law or are dependent on the verbiage in the lease or rental agreement. Some rights can be waived through the process of signing an agreement that contradicts standard tenant rights, so it is a wise decision to have an agreement reviewed by a renters rights attorney before entering a lease or rental agreement.

It is also advisable for landlords to have their leases or rental agreements reviewed or developed by an attorney who practices law concerning landlord tenant rights. It is definitely a necessity to have legal advice when evicting tenants to make sure that you don't unintentionally violate their tenant rights as determined by renters rights law.