Know Your Rights as a Renter
Once the deposit and rent has been paid, a rental home is private. Landlords are required by law to honor that privacy. Entry is allowed to make necessary repairs to the property and in some cases, entry is permitted to judge if repairs or maintenance are necessary. Tenant laws vary from state to state but in many places, advance notice and permission are required. Advance notice can range from 24 to 48 hours. Some states allow entry if the renter is absent for an extended period of time defined as seven days or more. Still, entry is to be gained for the sole purpose of repair work or to see if repairs are needed. Landlords are not allowed to enter any rented space to learn about tenant’s habits or other personal areas. Nor are landlords allowed to look through any renter’s possessions for any reason.
In the event of a valid emergency – fire, major water leak, natural gas leak – landlords have the right to enter even if the renter is not at home. In most states, such emergencies are the only time in which landlords can enter rental premises without permission.
Renters pay for the privilege to live in a space owned by someone else. In exchange for that rent, tenants are entitled by law to have basic needs met. Landlords must provide the minimum requirements for light, ventilation, and electrical wiring. All of these must conform to local codes and standards. In most places, landlords are also required to provide working smoke detectors and basic security measures (i.e. a lock and key). Heat, water, and electricity must be available. Rental premises must be clean, sanitary, and structurally sound. Renters uncertain of what code requirements exist in the area can contact the local building authority, housing authority, health department or even the fire department. And, all renters, must have access to water, electricity, and heat.
Tenants are required to maintain rental space in the same clean, sanitary fashion. Most are expected to report any hazards that require repair. Renters who fail to maintain premises in a clean manner that attracts pests such as ants, roaches, or rodents (if these are not present in the building or surrounding apartments) can be liable for the cost of extermination. The landlords can have the services performed by a professional then send the bill to the renter or ask that the renter have the services done.
When repairs or maintenance is needed but a landlord fails to provide these, renters have several options. The first is to perform what’s necessary and then deduct the cost from the next rent payment. Another is to withhold rent until the problem has been corrected or to pay less rent until repairs have been made. Tenants are free to contact the local building or housing authority to report the landlord’s failure to comply with housing laws. And, it’s possible to move out without owing any further rent – even with a lease when repairs or maintenance is not performed as needed.
Keep communication lines open and strive for a good relationship with a landlord. Ask for repairs as needed and suggest normal maintenance. Allow a reasonable time before taking additional action. Remember that a rental agreement – whether or not it involves a lease – is an equal partnership and that both parties have rights under current housing laws. Never allow a landlord to invade private space without a valid reason or to withhold necessary utilities such as water or electricity.
When in doubt, consult a local authority or an attorney.
