As landlords learn to be better landlords and tenants learn to be better tenants, frustrations, costs, unnecessary complexity, and animosity disappear from the historically bitter tenant-landlord relationship, breaking new ground in the way in which the rental is addressed. Let’s start making this world a better place, a tenant and a landlord at the same time with the fundamentals: the basic rights of the tenant.
Hopefully the following review of rights will provide a basis for how to act in certain situations, whether you are a landlord or a tenant. Today’s goal is to shed light on how to prevent mishaps and act appropriately when mishaps occur without exceeding legal parameters, designed to protect both landlords and tenants under the guise of Tenant Rights. Let’s get started with the tenant screening process, don’t discriminate!
Non-discrimination: It is illegal to reject tenant applications on discriminatory grounds, established by the Fair Housing Act. Discrimination based on the following is illegal (so don’t put the Department of Justice on your back) race, color, religion, national origin, age, familial status (children, pregnant), physical or mental disability.
Obvious enough, right? Think again. How many times have you heard “I just want the girls to live here; the boys are too messy.” Perhaps, you even heard the reverse sentence. Regardless, the gender stereotype is insufficient to circumvent discrimination laws and it is illegal to operate in this way. In fact, it is even illegal to advertise in a discriminatory way. However, there is one exception to the rule worth noting: landlords with 4 or fewer rental units are exempt from such discriminatory laws, so save yourself the litigious thoughts if Ms. Smith, who will not rent you her basement ( your only rental) because you are a 21 year old male, student / party connoisseur.
Other exceptions to the rule include homes specifically designed to meet certain needs of certain people. Example: retirement home, low-income housing, etc.
The tenant is then entitled to “Livable Premises”. Here’s another deceptively risky one. As it may seem, once again, straightforward and obvious that all living conditions must be safe and clean for the tenant’s use, the tenant often confuses that a serious infestation, for example, of rats or cockroaches, is a justification for breaking The lease. This, however, is not always the case. If the infestation or poor living conditions are the result of the tenant’s lifestyle, the tenant is financially responsible for the correction and does not provide grounds to legally break the lease. However, it is the responsibility of the landlord to respond to a request from the tenant regarding the treatment of habitability problems, but the invoice can be sent from the landlord to the tenant.
Let’s talk about privacy. Most homeowners are aware of these rules, but often choose to ignore them. Also, landlords generally forget that it is not just you, the landlord, who is not allowed to enter, but that it is everyone who is connected to you who is not allowed to enter. This means that Bob from Landlord’s Plumbing Services cannot come in and check the water heater without prior notice. However, there are only three situations where landlords are legally allowed to enter tenants’ homes: 1.) for repairs after sufficient notice to the tenant. Federal law does not comply with statutory law on what is considered “sufficient notice,” but use 24 hours as a general rule. 2.) Emergency; this includes fires and floods. In these situations, forget about the 24 hour notice. 3.) Show the property to potential tenants or buyers; again, sufficient notice is required. Also, make sure the tenant is actually notified, missed phone calls don’t count (yes, we all know you have).
It is also important to know the landlord’s maintenance responsibilities and the consequences if these responsibilities are ignored. The landlord must provide the appropriate: waterproofing (no leaks), heating, water, hot water, electricity and a clean and sanitary environment.
Eligibility is typically defined by state, and any gray areas are often covered by common law precedent established in previous court rulings. These conditions are legally expected to exist the day the tenant moves in, so it is recommended that the tenant take a detailed tour of the unit, noting any conditions that are not in line with the aforementioned. Keeping track of dates is important, and proving the date is equally important, so be sure to do something like develop dated images, record them in some way. Also, it is always best to submit work orders or requests to owners in a documentable manner, not just orally. This allows the tenant to record the date of the application and give the landlord a chance to think about the matter (without putting him in a bind). If the landlord ignores the request and does not address the matter within the given time period, the tenant has the right to make repairs and deduct the cost of the rent, withhold the rent until the problem is fixed, pay less rent, call the inspector of local construction to coercively address the situation, or move out without any future rental liability and entitled to claim the entire security deposit. Cosmetic damages are not the owner’s responsibility, nor are damages resulting directly and exclusively from the tenant’s actions; however, the landlord may be responsible for alleviating the problem without any financial responsibility (the landlord will fix it, but not pay for it). So tenants, don’t take a baseball bat to your water heater and think the landlord is going to pay.
The final, very common problem in the rental world is who is responsible for paying the rent in certain situations. The Parties to a lease are the people who sign the lease with the landlord. Anyone who signs is responsible for the full amount of rent owed, so the landlord can go after any roommate for the full amount. If you, as a roommate and tenant, pay your share of the rent, your obligation doesn’t end until your roommates (or someone else) pay their share as well. However, landlords can only collect the amount owed, so they cannot collect the full amount from multiple tenants. Renters, just stay tuned.
These five problems are the most common topics of disagreement and confusion between tenants and landlords. Clarity in all of them helps both parties to know the generally appropriate course of action in such situations. Blindly and aggressively attacking the opposing party without a knowledge base could be misplaced and lead to unwanted results. Don’t live in fierce anger. Knowing the right and wrong of the landlord / tenant in common situations creates a harmonious and healthy relationship, which perpetuates happiness on both sides, simplifies life and simplifies renting.
Tony Salloum
RentPost