There are a number of rights that a tenant has in regards to renting property from a landlord, from the rental application to the timely return of any rental deposit put down and all the time in between.
Discrimination
Federal law prohibits a rental application being denied for discriminatory reasons, including:
Race
Color
Religion
Age
Sex
Physical or mental disability
Having children or being a pregnant woman, also called familial status
Habitable Premises
Everyone has a right to an apartment or house that is fit to be lived in. Some examples that might make the premises uninhabitable are unsafe conditions like holes in the floor, bad wiring or an infestation like mice or cockroaches. In addition, federal law states that the rental unit must not have any lead-based paint.
Privacy
A landlord cannot enter a rental unit without giving prior notice, unless it is an emergency. Different states have different laws regarding how much prior notice must be given and whether the landlord must also specify an exact time they will need to enter the rental unit.
Rental Deposits
Some states have an upper limit that can be charged as a rental deposit. In some states the landlord is allowed to charge different rental deposits depending on the tenants age, so younger tenants may have to pay more than a senior citizen. However, other than the tenants age, landlords must treat all tenants equally regarding deposit requirements.
There are laws in many states regarding how rental deposits must be returned to the tenant at the end of the rental period. In many states they must be returned within a certain amount of time, usually 30 days, and in some states they must be returned with interest.
If the landlord does not return the entire deposit, they must send the tenant an itemized list of expenses that reduced the deposit. This usually includes any damage done to the rental unit, any cleaning required to make the unit rentable again or any past due rent. In order to get your entire security deposit back it’s suggested that you take pictures of any damage that was already in the rental unit before you move in.
There are a number of laws that landlords must adhere to when they rent property to tenants. Knowing your rights as a tenant can help to avoid being taken advantage of by a landlord.
This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about real estate law.
Related Legal Source: For additional information on real estate law please visit Snyder Law Group. Serving Lakewood Ranch and Bradenton, FL.