The United States rental market has faced several changes over the last few years. Within 10 years, rental rates have increased by 31% in the market, accounting for 35% of the total incomes of tenants. New York City is especially considered the most expensive city to rent properties in.
The relationship between the tenant and landlord has also changed in recent years. A debate over tenant vs landlord rights has gained the limelight. It is always argued that the landlords exploit the tenants’ rights. Due to these arguments, the tenants are provided with several rights and legal remedies to protect their interests. Let’s have a look at what laws are provided to the tenant after so many debates over the topic of tenant vs landlord. But, first, let’s understand why there is a need to protect the interests of the tenants.
Why is there a Need to Protect the Interests of Tenants?
In the rental market, the landlord possesses more rights than the tenant. The tenant experiences situations like increases in rent, landlord exploitation, and unnecessary conditions. To protect the tenants from such circumstances, it is important to provide them with certain rights and protect them with strict state and federal laws.
At present, the tenant laws are protected by the Uniform Residential Landlord and Tenant Act, 1972, and Section 8 Rules and Regulations for Tenants.
The Fundamental Rights of a Tenant
In the debate of tenant vs. landlord, it is always argued that it is important to protect the tenant’s rights so that they can live a peaceful life. There are several laws that protect the tenant’s rights. Some laws are different according to the state’s different local and zoning laws. However, some laws are permanent and applicable in every state. Here is a list of the most important and fundamental laws applicable in every state.
1. Right to a Habitable Home
The right to a habitable home is one of the basic rights of a tenant. A habitable home is one that is safe, hygienic, functional, and structurally good to support a healthy lifestyle. The key elements of a habitable home comprise the following aspects:
- Structure: The structure of the property should be strong, stable, and secure. The structure should consist of walls, windows, doors, and a roof to protect the tenant from external events like storms, rains, and bad weather.
- Essential Utilities: There should be all the basic utilities on the property, such as running water, electricity, AC, lights, and fans.
- Healthy Environment: The house’s environment should be healthy and free from toxic materials such as harmful paints and toxic mold.
- Pest Control: The property should be safe and free from infections like rodents, cockroaches, and other pests that affect the tenant’s health.
2. Covenant of Quite Enjoyment
The right to the covenant of quiet enjoyment, simply termed the right to privacy, allows the tenant to use their rental space without undue influence. The key aspects under the covenant of quiet enjoyment include the following:
- Protection from strangers, intruders, and outsiders
- A peaceful and secure environment
- Private space and private conversations.
3. Freedom from Discrimination
The tenant vs landlord debate provided the tenant with the legal right of freedom against discrimination under the Fair Housing Act of 1968. The key aspects of this acts include the following:
- Protection Against Discrimination: It includes protection for individuals against race, religion, sex, nationality, family origin, and mental or physical disability.
- Reasonable Accommodation for Disabled Persons: This requires that the landlord allow substantial changes or renovations to the property according to the needs of disabled people.
- Fair Credit Reproting: It states that if the landlord refuses to rent property to an individual based on their credit score, they should communicate the same with them. If the issue is resolved by the individual, the landlord cannot reject their application.
4. Security Deposit
One important right of tenants is the right to ask for security deposit return. Before signing a lease agreement, the tenant is required to pay a security amount. This security deposit is compulsory and covers damages to the property and rent arrears (if any). When the Tenant vacates the property, this right empowers them to take their security deposits back from the landlord.
5. Protection against Retaliation
Retaliation in a Tenant-landlord relationship refers to the unfair actions taken by the landlord against the tenant. It includes evicting a tenant without giving a proper cause, increasing the rent, or refusing to provide services related to maintenance and repairs. The tenants can seek protection against these unfair practices. They can report health and safety violations or request necessary repairs and maintenance from the local governing bodies or tenant unions.
6. Right to Recieve Notice Before Eviction
It is the tenant’s primary right to receive a notice of eviction with an appropriate reason from the landlord. The notice before eviction is important because, in the meantime, the tenant can seek remedies or another place to live. Evicting a tenant without a 30-day prior notice is against the law in some cities. Moreover, this period can be less or more than 30 days, according to the jurisdiction and state laws.
Secure Your Tenancy Rights by Partnering with a Property Management Firm
The tenant vs landlord debate will always be in the limelight. Understanding tenants’ rights in 2024 is vital for both the tenant and the landlord. As a tenant, awareness of your rights empowers you to secure livable, safe, and affordable homes and ensures stability and protection against exploitation. Knowledge of legal rights against discrimination, unlawful eviction, and unconditional increase in rent empowers one to fight for oneself.
From a landlord’s perspective, understanding and respecting tenants’ rights fosters professionalism, prevents disagreements, and improves tenant loyalty. Therefore, both parties need to ensure that they are well informed of the new laws and policies regarding renting to make the renting process fair and more efficient.
To protect your tenancy right or maintain a healthy relationship with the landlord, you can partner with Citadel Property Management Corp.
Frequently Asked Questions
1. Is a landlord allowed to increase the rent any time?
No, a landlord can increase rent according to the terms specified in the lease and with proper notice, typically 30-60 days before the increase.
2. Is a landlord allowed to visit the rental property without notice?
Landlords usually must provide reasonable notice (typically 24-48 hours) before visiting the property. However, there may be some exception cases where the landlord can visit the property without prior notice.
3. Is it legal to forcefully evict a tenant without giving any cause?
No, it is not legal to evict a tenant without any cause.
4. Does the tenant have the right to refuse to pay rent if the landlord doesn’t make repairs?
In some states, tenants can refuse to pay rent if the landlord doesn’t make necessary repairs. Check your state’s laws and provide written notice to the landlord.
5. Can my landlord charge late fees for rent?
Landlords can charge late fees if specified in the lease agreement. Fees must be reasonable and comply with state laws.
