What Are My Rights As A Tenant?
Tenants have certain rights established by law as well as rights that may set forth in a lease or rental agreement. For instance, a landlord must maintain the rental property in a “habitable” condition which includes things like complying with housing codes, providing adequate doors and locks, and maintaining adequate electrical, plumbing and heating components. Tenants are also entitled to the "quiet enjoyment" of the rental property, which generally means that the tenant is entitled to reasonable peace and quiet and to enjoy the property without interference from others. State laws set forth how a tenant may enforce these rights against landlords.
What Are My Rights As A Landlord?
As a landlord, you have rights as the owner of the rental property. Landlords may enter the rental property in cases of emergency or to make necessary or agreed upon repairs. Landlords may initiate eviction proceedings in the event a tenant fails to pay rent, or otherwise materially defaults on a lease obligation, damages the property, or under other special matters. In addition, a landlord may enforce certain rules, laws, policies or lease provisions regarding activities conducted on the property regarding the quiete enjoyment, legal use, and zoning of the property.
What Is A Lease?
A lease or rental agreement is a legal contract between a landlord and tenant. The agreement gives the tenant the right to use and occupy the rental property for a specified period of time. In return, the rental agreement requires the tenant to pay the landlord rent each month. The lease also sets out the rights and obligations of the landlord-tenant relationship.
My Rental Property Needs Repairs – Who Pays?
It depends. Most duties are described in the terms of the lease. These duties may be assigned to either the landlord or tenant to repair, maintain, and pay utilities. Landlords at a minimum have the legal duty to repair the premises so that the space is livable and the tenant has a duty to facilitate ordinary repairs to maintain the property
Are Security Deposits Required?
A landlord has the option of requiring a security deposit. Landlords choose to require a security deposit in order to help ensure that the tenant takes care of the rental property and complies with the terms of the agreement. Generally, a security deposit must be refundable and the terms should be specified in writing to determine on what conditions the tenant will receive the deposit back. The landlord can make deductions from the security deposit for certain damages to the property or for unpaid rent. State law varies on the kinds of deductions that can be made to the property and the number of days in which the security deposit must be refunded and/or an itemized statement of deductions be provided to the tenant.
Should I Do A Formal Inspection Before I Move In And Move Out?
Where a refundable deposit is based upon the condition of the property, it is a good idea to have documentation of the condition of the rental unit at the time of moving in. Upon move out, the tenant is entitled to the full deposit refund or an explanation to why the full deposit was not refunded. As such, a move-out inspection documentation helps both parties prevent disputes about any deductions for repairs to items. A good idea would be to take photographs of the unit upon departure to evidence the condition of the unit and/or particular items upon moving out.