1) To help the renting public when
faced with problems with their Landlord;
2) To help the renting public to
avoid LOUSY LANDLORDS to begin with;
3) To help the renting public discern
between fair and unfair housing practices;
4) To provide an avenue through which
to expose LOUSY LANDLORDS;
5) To hopefully discourage the next
abusive/ illegal act of a LOUSY LANDLORD.
Landlord Tenant Rights
If
payment has been accepted for rent (and/or a written or oral lease exists), a
renter has inherent rights under landlord tenant law. These rights vary by
state but always include the tenant’s right to a habitable premises, due
process before an eviction and more.
Landlords also have
certain rights, such as the right to timely rent payments and for reimbursement
of costs for property damage beyond normal wear and tear.
Note:
these rights exist regardless of a rental agreement stating
otherwise.
Use the
below links to find a summary of landlord tenant laws for a specific state, or
read further to understand the main areas of landlord tenant law that all
states share in common.
(In some types of cases, not having counsel can make a dramatic difference. Take the example of low-income tenants facing eviction. Across the county, roughly 90 percent of landlords are represented by counsel, while 90 percent of tenants are not. Simply having a lawyer increases the odds of being able to stay in one’s home. When tenants represent themselves in New York City, they are evicted in nearly 50 percent of cases. With a lawyer, they win 90 percent of the time.)
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Warranty of Habitability
Many states
in the US maintain a set of health and safety standards that dictate what
conditions constitute “habitability” within that jurisdiction. These standard
sets, often referred to as a “warranty of habitability,” are usually divided
between the responsibilities placed upon both landlords and tenants. As such,
it is important for both landlords and tenants to read up on their state’s
warranty of habitability before entering into a lease agreement.
Often, a
warranty of habitability will require a landlord to provide certain amenities
that allow a tenant to safely and securely enjoy their rented unit, such as:
· Trash Receptacles / Disposal
If a
landlord fails to comply with or breaches the warranty of habitability, the
tenant is afforded certain remedies to compel the landlord to comply or to
mitigate damage or inconvenience to the latter. These remedies vary from state
to state but include, among others, allowing the tenant to withhold rent and even break the lease early.
Meanwhile,
tenants are usually obligated to keep their rented space in a safe and clean
condition at all times. Though standards vary from state to state, “clean” in
this instance implies that nothing within the tenant’s unit can cause permanent
damage to the premises or put another tenant in danger.
Eviction Process
Eviction
statutes cover a topic many landlords and tenants don’t look forward to
discussing. But all the same, these statutes often set out the standards by
which a legal eviction may be judged. For example, most states’ eviction
statutes set out several legal reasons why a landlord may choose to evict their
tenant (such as for nonpayment of rent or participating in illegal acts).
These
statutes also typically set forth the procedures for initiating and carrying
out a legal eviction. This includes how much notice must be provided to a
tenant in advance of an eviction. Though precise amounts of notice differ
between states and reasons for eviction, tenants across the US may be entitled
to anywhere between 3 and 60 days of notice prior to their eviction.
Eviction
statutes may also be tied into a state’s civil rights legislation as well as
any relevant “rent control” statutes on the books. With regards to the former
subject, eviction statutes may dictate that certain kinds of retaliatory or
discriminatory evictions are outlawed. This includes evictions that are filed
solely against federally-protected classes, such as race, sex, and disability.
Some states also forbid evictions on the basis of sexual orientation or gender
identity.
Security Deposit Collections
and Holdings
Upon
entering a new lease agreement, landlords generally collect security deposits
to help protect themselves from damage or unpaid rent. The maximum amount that
a landlord can collect is governed by state law, and often ranges from 1-3
months’ rent. Several states have no limit at all. Pet deposits are often
included in these maximums, but not always.
Once
landlords collect a security deposit, some states require them to issue a
receipt to the renter. In addition, 24 states plus Washington D.C. require that
the deposit be placed in an escrow account. Interest must be paid out on the
security deposit in 16 states plus Washington D.C. If the property is sold
during the tenancy, the security deposit is generally transferred over to the
new owner.
Security Deposit Returns
After a
lease has ended, landlords are required to either return the security deposit
or to provide a list of deductions. If the deductions are less than the amount
of the deposit, the landlord must return the rest. If the deductions are
greater than the deposit, then landlords can charge the former tenant for the
damages. Some states have differing regulations about what landlords are
allowed to deduct, however no states can charge or deduct for normal wear and
tear.
Landlords
must return security deposits within a certain time frame after the lease has
ended. Each state has set their own maximums, which generally range from 14-60
days. If they do not return the security deposit on time, state law governs the
consequences, which can be as much as 3 times the amount due.
Rent Collection and Fees
Many states
have laws detailing what landlords can charge in certain situations as well as
how they handle collecting rent:
· When is Rent Considered Late –
state-by-state laws regarding grace periods and eviction procedures for late
rent.
· What Landlords Can Charge for Late Rent –
see which states have laws regarding how much landlords can charge in late
fees—including which states have no maximums at all.
· Bounced Check Fees – what landlords are
allowed to charge their tenants for a check that bounces in each state.
· Receipt Requirements – which states
require landlords to provide receipts upon rent payment, as well as rules and
requirements for those receipts.
· Rent Payment Methods – find out which
states allow landlords to choose rent payment methods, and which states forbid
landlords from requiring certain payment types.
Lease Termination
Tenants
sometimes find it necessary to terminate their lease before its natural
conclusion. In order to ensure that everyone is on the same page regarding this
important procedure, most states maintain lease termination statutes. Among
other topics, these statutes almost always cover how much notice a landlord
must give a tenant to terminate their lease without cause. On average, most
states require between 15 and 60 days of notice in these situations.
Lease
termination statutes may also detail certain legally defensible reasons why a
tenant may seek to break their lease early. This includes justifications
relating to a landlord’s failure to maintain a unit’s habitability (as defined
in that states “warranty of habitability”). Also, some states allow tenants to
break off their lease if they provide evidence that they are a victim of
domestic abuse or are ill and in need of a living space hospitable to their
condition. These latter two provisions usually require 30 days of advance
notice.
Typically,
these statutes also outline any remaining obligations that landlords and
tenants maintain after a lease agreement ends. This may include the landlord’s
responsibility to re-rent a space in cases where a lease ends early and the
tenant continues to pay rent for the space. Some states even protect a tenant’s
right to sublease space, so long as they follow their landlord’s provisions for
setting up a sublease.
Rent Control Laws
Many states
have recently updated their landlord-tenant laws to address topics relating to
rent increases. Specifically, some states require their landlords to provide
advance notice of any upcoming rent increases (with notice requirements
averaging out to around 30 days). Other states dictate that any rent increase
represents an opportunity for tenant to unconditionally quit their lease if
they do not accept the increase. Some local jurisdictions even cap how much and
for what reasons rent can be raised via rent control statutes.
Another
common topic for regulation under landlord-tenant laws involves common fees
charged by landlords. Among others, late fees are routinely regulated and
capped at specific dollar amounts (such as $50 per instance) or at a rate
relative to the amount of rent owed. Most states also cap how much a landlord
can charge to process a returned check, often at between $25 and $50 per check.
It is uncommon for states to regulate application fee rates, however.
Housing Discrimination
Housing
discrimination can be a hot button issue, which is why so many states address
the matter through a purpose-driven set of statutes known as a “fair housing
act.” These laws usually apply the federal Fair Housing Act to the state’s
institutions to prohibit discrimination both before and during a lease
agreement on the basis of the following characteristics:
· Race
· Color
· Disability
· Religion
· Sex
· Familial
Status
· National
Origin
Also, many
states (and even some cities) supplement these federal regulations with their
own set of protected classes. Recently, more states have adopted protections
based upon sexual orientation and gender identity, for example. Some states
have even tried to address more emergent forms of discrimination, including
based on immigration status.
It is also
common practice for a state’s housing discrimination statutes to outline a
number of precise acts that may be construed as discriminatory if they are
undertaken by a landlord. These usually derive from the federal Fair Housing
Act and include actions like giving uneven leasing terms to different groups of
otherwise equal tenants. Some states even use these statutes to outline
punishments for discriminatory practices, which may include monetary fines and
sanctions.
Landlord’s Right to Entry
In all
states, tenants have to allow landlords to enter as long as the landlord has
proper purpose, manner, and timing. If they’ve given the tenant proper notice,
tenants cannot refuse entry to a landlord (in almost all situations).
However,
there is a lot more nuance with entry laws, as far as consequences when a
landlord is illegally denied entry, tenants changing locks, when tenants can
refuse entry, and much more.
Landlord Retaliation
Landlord
retaliation refers to a landlord punishing a tenant for taking a protected
action. These protected tenant actions are usually reporting an issue directly
to the landlord or to a government authority. Landlord retaliation usually
comes in the form of:
· Raising
rent
· Evicting
the tenant
· Decreasing
services (e.g., restricting access to common areas)
Each state
has their own laws about tenant protected actions, what constitutes
retaliation, and whether retaliation as a whole is legal.
Renter’s Rights for Repairs
In
situations where a broken or missing item in the house causes a habitability
issue, renters have the right to timely repairs made by the landlord. This
right doesn’t include small, less important appliances or features such as a
broken coffee maker, peeling paint, or fraying carpet.
In general,
this right applies to items that severely affect the livability of the unit,
such as dysfunctional air conditioning, no hot water, or broken windows
(especially during colder seasons).
If these
repairs are not done in a timely manner, tenants have options that include:
· Withholding
rent
· Repairing
and deducting the cost from rent
· Breaking
the lease
· Suing the
landlord
What Landlords Cannot Do
In addition
to federal laws, each state has specific guidelines about what landlords are
legally allowed to do, as well as consequences set forth for each of these
actions. A few things that landlords cannot generally do
include:
· Discriminate
against tenants
· Retaliate
against tenants for taking a protected action
· Raise rent
at will
· Fail state
inspections
There are
also many actions that landlords are generally allowed to
take, including:
· Charge a
security deposit
· Sue a
tenant for lease violations
· Enter
during an emergency
· Set
occupancy
Additional Landlord Tenant
Regulations
There are
also lots of miscellaneous landlord-tenant statutes that are worth addressing,
primarily because they are often the subject of dispute. For example, there is
a lot of variation between states when it comes to landlord entry into an
occupied unit. Most states require some amount of advance notice, though the
precise amount can vary anywhere from 12 hours to 2 days. Some states also
differentiate the amount of notice needed based upon the reason the landlord
needs to enter, such as for a repair or to show the apartment to a prospective
tenant.
Many states
also add some provisions to their landlord-tenant laws that explicate how legal
disputes are to be settled. More often than not, this is accomplished through
the state’s small claims court system. Often, there are limits to how much a
litigant came claim through these courts, ranging from as low as $2,500 to as
high as $15,000. Some small claims courts don’t accept eviction cases, though,
and instead pass them off to standard civil courts.
Mandatory
disclosures also come up regularly among supplementary landlord-tenant laws.
These vary greatly from state to state and usually require landlords to provide
written information of an important nature to their tenants prior to their
tenancy beginning. Though all landlords across the US are required to provide
lead paint disclosures in certain situations, some individual states require
the names and addresses of the property owner to be disclosed.
Finally, a few states provide
statutory guidance on when landlords and tenants can change the locks to a
rental unit. Most of these states forbid lockouts and thus, forbid landlords
from unilaterally changing these locks. However, some states do allow them to
change a tenant’s locks if that tenant provides proof that they are a victim of
domestic abuse. A couple states even allow a tenant to take this action on
their own, but only if they promptly inform their landlord of their action.
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