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Being a tenant involves legal responsibilities that you commit to upon signing the lease Once you have signed the lease the landlord holds you responsible for any agreed upon obligations, including how you conduct yourself while living on the property. But what you may not realize is that you are also held responsible for the behavior of your guests and your pets. Understanding and fulfilling your duty as a tenant from the outset will help you establish a good working relationship with your landlord, ensuring a stable housing situation.

What Are Your Responsibilities as a Tenant?

In general, a tenant must:

Some states have additional tenant's responsibilities. To research the relevant statutes in your state, visit the Tenants Rights Web site.

Am I Responsible for Any Repairs?

Yes and no. If you, your guest or a pet damage anything in the rental property, due to neglect or abuse, it is the tenant's responsibility to fix it. For example, if you put a hole in the wall, you are required to repair the hole. If you don't, the landlord has the right to deduct the repair charges from your security deposit when you move out. But normal wear and tear, like peeling paint, is the landlord's responsibility.

What If There's a Problem Not Caused By the Tenant?

For a major problem, such as lack of hot running water, a leaky roof, or a faulty electrical system, the landlord is required to fix it. The landlord must maintain the rental property in a habitable condition. If a major problem occurs, the first thing you should do is call and write your landlord. They should then contact a contractor and have it repaired. The landlord is legally required to have the problem resolved in a timely manner.

Apart From Living in Habitable Conditions, What Other Rights Do I Have?

You have the right to enjoy your rental property in privacy. This means that the landlord can only enter your apartment for the following reasons:

In most states the landlord must give the tenant at least 24 hours notice before they enter the rental property. If the landlord enters your apartment without written notice, and it is not an emergency, this may be a breach of your lease. Keep records of all unauthorized entries and if the landlord becomes a nuisance, you may have grounds for a constructive eviction. A constructive eviction allows the tenant to break, or quit, the lease due to the landlord's breach of the agreement.

If you have a landlord that is a nuisance you should consult a lawyer or your local tenant organization. Directories of tenant organization can be found at The Tenant Resource Directory.

What Is Eviction and Why Would I Be Evicted?

Eviction is a legal procedure that results in the tenant vacating the rental property. If you are on a lease, the landlord has to find, and document, a good reason to initiate the eviction process.

According to Free Advice, the most common reasons for eviction include:

Basically, being considerate of others and complying with the agreed lease conditions will prevent your landlord from having grounds to evict you.

How Much Notice Does the Landlord Have To Give Me If I'm Being Evicted?

In most states, if the landlord is taking steps to evict you, you must be given formal written notice. If you are breaching one of the lease conditions, like failing to pay rent, the landlord should give you some sort of notice to fix the problem or leave the premises. If the landlord is not satisfied after a certain amount of time, he can serve an eviction notice. The period of time you have to vacate the property once an eviction notice is served varies dramatically from state to state and depends both on your situation and on whether you have signed a lease or are living on the property month to month.

If you receive a formal eviction notice and you feel wrongly accused, discuss your situation with your local tenant organization or an attorney. Act quickly and be ready to show evidence to back up your rebuttal.

What If I Live in a Rent Control Area — Are Evictions Any Different?

Rent control is the term used for local laws or ordinances that govern rent levels; any changes to existing rent levels based on changes in space, services, number of occupants, or a rental unit's condition; security deposit interest; and good causes to evict. In general, rent control laws are supposed to provide tenants with increased protection against evictions and to help maintain affordable housing.

In most rental controlled areas, apart from breaching a lease condition, the landlord can evict you if you refuse to renew a lease or if the landlord or a relative of the landlord intends to occupy the rental property.

How Can I Terminate My Lease?

Even though you've signed a lease, it may be possible for you to move out before it expires. Talk to your landlord about whether he will allow you to break the lease. Or, if you're planning to leave for a short period, offer to find another person to either sublet or take over your lease. I did this once in an emergency. My landlord and I discussed the options and decided I should sublet for three months, instead of giving up my apartment. After finding a reliable short-term tenant, I kept my belongings in the apartment and didn't have to pay rent.

If I'm On a Month-To-Month Agreement, How Do We Terminate Our Agreement?

In most states, either the landlord or the tenant must provide a 30-day notice to vacate the property to the other party. A specific reason for leaving the property is not always legally required on the form.

Even though most of the general responsibilities of a tenant, like paying rent, are similar from state to state, the specific laws and processes may vary dramatically depending on where you live. It is definitely in your best interest to research your local laws in regards to renting a home. You never know when this information will be helpful. And remember, if you have any specific questions about leases, or your landlord, a good option is to contact your local tenant organization. Their mission is to assist tenants with problems and provide information to empower tenants against unfair treatment.

 

Suitable rental housing can be hard to find. So once you've found a prospective apartment, you should have the same opportunities as everyone else to be accepted to move in, right? You bet. And to make sure your rights are upheld the federal government passed an anti-discrimination law known as the Federal Fair Housing Act. Since 1968 this law has protected everyone in the USA, including newcomers, from housing discrimination.

Basically, section 3604 of the Federal Fair Housing Act (FFHA) assures that everyone is given an equal chance and equal consideration when attempting to rent or buy a home or apartment. It states that a landlord can not discriminate against a prospective tenant or buyer "because of their race, color, religion, sex, familial status, national origin or handicap." The term "familial status" means the landlord can not discriminate against you if you are the parent, or legal guardian, of one or more children under the age of 18.

How Does a Landlord Discriminate Against a Prospective Tenant?

The FFHA has devised certain guidelines to protect tenants. Listed below are some examples of discriminatory behaviors which are violations of the FFHA:

If it can be proven that the landlord has based any of the above decisions on your race, color, religion, sex, familial status, national origin or handicap, it is discrimination and a violation of the FFHA.

Even advertising in an exclusionary way, like putting "single tenants only need apply" in a classified ad in the newspaper for example, is a violation of the FFHA.

In regards to those with disabilities, the FFHA states that if you have a handicap, a physical or mental limit, or a "record of such an impairment," you cannot be denied housing based on that fact. But it's not just the person renting who is protected, it is also any handicapped person intending to reside the rental unit or any handicapped person associated with the renter.

If You're Looking At a Rental Property, and You Mention a Relative Is Handicapped, Is It Possible For the Landlord To Violate the FFHA?

In this situation the landlord would violate the FFHA, if they:

State Rules

Apart from the FFHA, each state may have additional housing codes that prevent discrimination. Full Text State Statutes and Legislation on the Internet has links to your state government's housing Web site. Search for your housing discrimination statute using terms like "Discrimination and Housing" or "Discrimination and Renting." Or you can simply contact the federal department of Housing and Urban Development, or HUD, and they will put you in touch with your appropriate state housing department. Even if you don't find any additional housing discrimination statutes in your state or jurisdiction remember the federal law is the supreme law of the land and protects everyone within the USA and its territories.

What Do I Do If I've Been Discriminated Against?

If I Didn't Get the Home, What's the Point of Complaining About Discrimination?

If you file a complaint with HUD, and it's found that the landlord did discriminate against you, the landlord may have to pay you damages for the money you lost due to the discrimination. Losses may include any hotel charges you incurred while looking for another apartment or other expenses. Also, the landlord could be subject to a hefty fine. Even if no action is taken in your case, there is a formal complaint registered against the landlord at HUD. So, ultimately, if the same landlord receives several complaints, HUD could fine the landlord in the hopes of preventing his discrimination against others in the future.

Being given the same housing rights, as everyone else is one of the reasons I choose to live in the USA. I'm glad that there are federal, state and local laws that will protect me from anyone who wants to take those rights away. If you've been here five minutes, or all of your life, it is your right to expect equal housing rights. If you feel you've been discriminated against, take action. Contact HUD and discuss your case with them.