Tenant Rights: An Illustrated Legal Guide

Federal, state, and local landlord-tenant regulations shield tenants against unethical landlord activities. These regulations give tenants a foundation for living in their houses while shielding them from harassment, discrimination, and security risks. Before a tenant vacates a rental property, the landlord is required to conduct an inspection and grant them access for the duration of the inspection. Furthermore, landlords are not permitted to retain all or a portion of a security deposit unless they can legitimately justify the amount retained.

Contracts for Leasing

The basis of your legal relationship with your landlord is the lease or rental agreement you sign. It lays out the rules that both you and the other tenant must follow during your tenancy, including how much rent is required when and when it's due, as well as any late fees. A description of the property, occupancy restrictions, pet policies, and any other guidelines or limitations will also be included in the contract. It is crucial that you comprehend the conditions of your lease, and if you have any questions or concerns, you should see a lawyer. For instance, it's typical for a lease to specify who is accountable for what in terms of upkeep and repairs, such as whether or not you are permitted to do repairs yourself and whether your landlord would handle major repairs. The minimal amount of notice that you must get before your landlord enters the property in non-emergency scenarios may also be specified in your contract.

Rent hikes

There are laws in most states that specify when and how much a landlord can raise the rent. For example, in New York City, landlords are not allowed to raise rent over the Consumer Price Index, which measures inflation, or 10%, whichever is less. Additionally, before raising the rent, landlords must give tenants notice—the exact amount varies by state and area. The majority of landlords are required to give written letters outlining the increase well in advance of its implementation, and oral notices are not accepted. It is unlawful for a landlord to raise rent in contravention of local regulations, and you may be entitled to legal action against the landlord. For instance, a landlord cannot increase your rent in order to treat you unfairly or as payback for using your legal rights or reporting a violation of the building code. Should this occur, you ought to get legal counsel right away.

Fixes

Tenants may refuse to pay rent until faults in their rental apartments are fixed, and landlords are required to fix them. Tenants must use caution when submitting these kinds of petitions, though. It's critical to discern between a serious problem—like an infestation or a malfunctioning air conditioner—and a small fix—like a small scratch on the wall. Before deducting any rent, you must also ensure that you have recorded the issue and its expense. Tenants may be entitled to a partial rent return or the opportunity to initiate an HP action (a lawsuit against the landlord) in housing court if the landlord neglected to make an important repair. Furthermore, a landlord must fulfill whatever obligations they may have had to address problems in the flat, whether they were stated in writing or implied by other circumstances.

Removals

For failing to pay rent, violating the conditions of their lease, or creating a nuisance, tenants may face eviction. Landlords are required to abide by all rules pertaining to the eviction procedure and to only evict tenants when necessary. Before starting an actual eviction case, landlords must first issue the tenant a notice of intent to evict (sometimes known as a "Notice to Pay"). The landlord may launch an eviction lawsuit if they are not paid within fourteen days. An eviction warrant will be issued in the event that the landlord prevails in court. This makes it possible for the tenant and their possessions to be taken from the property by law authorities. To support their position, tenants should present all supporting documentation and communication to the eviction hearing. This includes proof that the landlord harassed them or filed a poor eviction suit in retaliation for them reporting code issues or asking for significant repairs. Renters must also provide the court with any documentation proving their attempts to make payments. This can include any returned payments, cheque bounces, and fines from their credit card issuer or bank.