Can landlords sleep over?
Travis thought he was doing the right thing when he let his landlord know he’d be out of town for a week. After coming home sooner than planned, Travis was horrified to find his home wasn’t empty! Laying on the couch was the landlord (wearing only his underwear).
It turns out the landlord was fighting with his spouse and needed a place to crash! It got Travis thinking, “what are my rights as a tenant?”.
Sadly, unacceptable landlord behaviors happen all the time. As a tenant, you have to learn your rights if you want to stay safe. To help you out, we’ve created this short guide. Read on to find out how to protect yourself as a renter.
Peaceful Living Space
First and foremost, landlords have to provide their tenants with proper living provisions. These include but are not limited to; safety, heating, and hot water access. Next, they have to provide a proper means of disposal for waste materials, along with the ability to get repairs done quickly when necessary.
Basically, as a tenant, you have the right to live in a habitable property. Landlords have to quickly address hazardous wiring or plumbing situations. Other problems like pest infestations, or dangerous structural problems, also require fast fixes. The law demands it.
Tenants also have the right to live without disturbances from other people. Next, no renter should have to live in fear of violence from other tenants. If harassment is taking place, reach out to a lawyer for advice.
If you pay rent for a specific section of the building or house, you should have the right to use it without having anyone else causing problems. It’s also illegal for landlords to specifically target tenants with harassing behavior, such as entering an apartment unannounced or playing loud music at odd hours. Every renter has the right to live peacefully within their boundaries.
Landlord Accountability
If any issues arise between either party landlords are legally required to stick by what they said in the rental agreement. If you sign a contract stating certain things will have repairs before you move in, then those things have to be complete before the move-in date.
If a landlord doesn’t fulfill their responsibilities according to the rental agreement; then they can be held liable in court. The landlordd is also liable for any damages that arise from their negligence. In legal terms, this is called a “breach of contract.”
Evictions Take Time
Next, let’s answer the question, “what are my rights as a tenant when it comes to evictions?”. Are you afraid you could be facing an eviction? There is hope.
Landlords cannot evict tenants for personal reasons, such as not liking the tenant. If you offend your landlord in some way, they can’t recant on the lease. It would be considered a violation of human rights if a landlord tried to get rid of you because they didn’t like having you around.
Landlords can only evict a tenant when there’s a breach in the tenancy agreement. Next, the landlord has to inform the tenant as such and give them a Notice of Termination. Landlords cannot change locks, seize property or otherwise remove you from the premises-they need the sheriff for that.
Unjust Rent Hikes
How much are you paying for rent now?
Hot spots, like South Florida, have outrageous rent rates. Some people are paying thousands, just for a 1 bedroom apartment!
There is no law saying your rent must be raised every year. There also isn’t a law stating that it should be proportionate to your current rent price if they do raise it.
There are laws, however, as to how much your rent can go up without your consent. If you have a fixed-term lease (as opposed to month-to-month) and the rent was set when you first moved in, then the landlord cannot increase it for that term.
Rent control is in place to keep your rent from increasing too much throughout your tenancy. The price stays the same until either party decides to change it (such as adding a clause saying they can raise it every year).
Lease Renewal Rights
Renewing your lease is pretty straightforward. You don’t need to make any special preparations-just go into the office at the end of your term and request to renew your tenancy for another period.
There are timelines for renewal. For instance, you might have to state your intent to renew 60-90 days before the lease expires. If you don’t want to renew your lease, you must provide the landlord with written notice at least two months before the expiry date.
Handling Emergency Repairs
Landlords are responsible for most repairs, but emergencies sometimes happen where it becomes impossible for them to deal with it right away. This means that you can take care of the problem if need be.
However, you cannot make any permanent or structural changes to your apartment without permission from your landlord. This includes everything from installing new flooring to hanging wallpaper on the walls. If you make changes without permission, you could wind up losing your security deposit.
Landlord Privacy Regulations
Next, you have the right to privacy! Landlords can’t just walk in whenever they feel like it. They have to give you proper notice before entering your unit-no matter what.
Proper notice would be like the landlord telling you 24 hours ahead of time that they’re coming by. If the landlord has a legitimate reason for needing access, and you deny them, there will be legal recourse.
The landlord can get a court order allowing them to enter your unit by force if need be. If my landlord is taking me to court for unpaid rent or for not letting them enter the premises, you might need a lawyer.
What to Do if a Violation Happens
Is your landlord violating your rights? There are specific steps you can take. This is why it’s so important for tenants to know all of their rights before signing a lease.
For instance, a tenant has access to several rights when trying to enforce the rental agreement-including. One of these rights includes filing with a small claims court. However, you could try to solve the problem by going through mediation instead.
You can hire a mediator who will meet with both parties in an attempt to settle the problem privately and without resorting to legal action. Many companies offer their mediation services for free!
What Are My Rights as a Tenant: Answered
The next time you’re wondering, “what are my rights as a tenant”, you’ll know the answers. It can be overwhelming to take it all in at once, so take your time learning each right.
When you know all of your rights, there’s very little the landlord can do against you. Even if they try, there are plenty of laws in place to protect you.
Now it’s study time! Pick 1 tenant right from this article to memorize today. Then please feel free to check out our other articles on all sorts of topics.
