November 2002 Owners Update

15 Common Rights of Renters

In a perfect world landlords and tenants would work together like a well-oiled machine, both generously doing their part to keep each other happy and not disturb their neighbors, otherwise what we might call "peaceful enjoyment of the premises."

In fact, lots of tenant-landlord relationships fit this description but we've all heard horror stories about the exceptions. And laws that protect both parties have become so complex that understanding your rights can be like herding cats.

Since landlord-tenant law varies by state, the key is knowing your rights preferably before you even sign your rental agreement. Understanding your state law and the terms of your lease are your best guarantees against future problems.

Although renters' rights vary by region, many are pretty predictable. Here's a sample of rights likely to be addressed in your state's landlord-tenant law:

1. The Fair Housing Act makes it illegal to deny housing to a tenant on the
   grounds of race, color, sex, religion, disability, family status, or
   national origin.
2. Residential rental units should be habitable and in compliance with
   housing and health codes˜meaning they should be structurally safe,
   sanitary, weatherproofed, and include adequate water, electricity, and heat
3. Many states limit the amount landlords can charge for security deposits.
4. A landlord should make necessary repairs and perform maintenance tasks in a timely fashion, or include a provision in the lease stating that
   tenants can order repairs and deduct the cost from rent.
5. A landlord must give prior notice (typically 24 hours) before entering
   the premises and can normally only do so to make repairs or in case of an emergency.
6. Illegal provisions in a rental agreement (provisions counter to state
   law) are usually not enforceable in court.
7. If a landlord has violated important terms related to health, safety, or
   necessary repairs, tenants might have a legal right to break the lease.
8. If you have to break a long-term lease, in most states landlords are
   required to search for a new tenant as soon as possible rather than
   charging the tenant for the full duration of the lease.
9. Damage or security deposits are not deductible for "normal wear and
   tear." Some states, including Ohio require that a landlord give an itemized
   report of any deductions.
10. Ohio requires landlords to return refundable portions of a security
    deposit within 30 days after the tenant has vacated the premises, even in
    the case of eviction.
11. Landlords usually can't legally seize a tenant's property for
    nonpayment of rent or any other reason, except in the case of abandonment as defined by law.
12. Landlords are legally prohibited from evicting tenants as retaliation
    for action a tenant takes related to a perceived landlord violation.
13. A landlord cannot legally change the locks, shut off (or cause to have
    shut off) tenant utilities, or evict tenants without notice; eviction
    requires a court order.
14. If a landlord makes life so miserable for a tenant that it forces them
    to move, it may be considered "constructive eviction," which is usually
    grounds for legal action.
15. In many states, it's illegal for a lease to stipulate that the tenant
    is responsible for the landlord's attorney fees in case of a court dispute.
    Source: www.msn.com
    

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