Tenant-landlord conflicts arise more frequently for renters than they should. Even while the law won’t always be helpful, it’s still a good idea to know when it can. We’ll go over some of the significant federal and state laws safeguarding tenant rights in this article, along with how a tenant lawyer can assist in resolving landlord-tenant conflicts.
How the Constitution Protects Tenants
Most laws controlling your legal matter will probably be state laws if it involves a landlord-tenant situation. This is thus because state law often regulates property rights. The Fair Housing Act (FHA) and the Fair Credit Reporting Act (FCRA) are two significant federal statutes that protect renters.
The Fair Housing Act (FHA)
The FHA is a federal legislation against discrimination against renters and other people engaged in housing-related activities. The FHA expressly forbids discrimination based on family status, race, disability, national origin, color, religion, and sex. Because of a person’s identification, landlords cannot deny housing, impose different conditions, or offer other services or amenities, as this federal legislation requires.
The Fair Credit Reporting Act (FCRA)
The FCRA governs how credit bureaus gather the data to calculate your credit score. You are also given consumer rights. Because it forbids landlords from acquiring your credit report without a “permissible purpose,” this rule is crucial. This provision permits landlords to check your credit before approving a lease application, but it forbids them from doing so once you have moved in solely to begin the eviction process.
Tenants’ Rights Under State Law
State laws governing landlord-tenant relationships primarily address the tenant’s rights to the actual property after the lease has been signed. In addition, state rules include getting your security deposit back, eviction procedures, and how and when your landlord can access your home. The following is a list of legal matters often handled by state law.
1. Lease Agreements
The contract that regulates the landlord-tenant relationship is the lease. What provisions can and cannot be included in leases is governed by state legislation. In a lease agreement, for instance, landlords cannot demand that renters in California forfeit their security deposit.
State regulations also dictate what kinds of disclosures the landlord must provide regarding the property or rent and how far the lease agreement can go in limiting the landlord’s liability.
2. Privacy
When and how a landlord can access your residence legally depends on state legislation. Landlords typically warn you before entering your unit for maintenance or inspection purposes.
3. Increased Rent
Rent control laws are among the many rent-related regulations in many states and towns. These regulations forbid rent increases over a predetermined ceiling or by a predetermined percentage. Which homes qualify as affordable housing are also governed by state law. Additionally, several regulations offer tax incentives to landlords who consent to utilize a portion of their rental units for affordable housing.
4. Eviction Procedure
State legislation dictates how evictions are conducted. Because the eviction procedure is a court-supervised legal proceeding, landlords must go by a set of guidelines to protect the tenant’s rights. Landlords may be found guilty of wrongful eviction if they don’t follow the eviction process laws.
These rules will dictate how and when the landlord must serve you with an eviction notice, what legal rights you have to remove your stuff, and how long you will be allowed to remain in the home.
5. Usability
Keeping rental properties habitable is the landlord’s responsibility. That indicates that there aren’t any problems that have a major enough impact on the living situation to render the home uninhabitable. In particular, the landlord won’t fix extensive mold damage. What remedies are offered to tenants in this circumstance will be governed by state law. Tenants, for instance, can get paid back for the costs of necessary repairs they have to make.
6. Tenant Responsibilities
What the tenant owes their landlord will be governed by state law. For instance, tenants must pay rent on time, refrain from purposefully harming the property, and reimburse any damage found during an inspection.
Although each state has laws governing landlord-tenant relationships, many states have adopted the Uniform Residential Landlord-Tenant Act, a landlord-tenant statute. Even though several states have enacted the same direction, how they interpret it may vary based on local case law.
Tenant Rights Attorneys
You should seek the legal counsel of a tenant lawyer if your legal dispute involves a landlord. All the laws listed in this article, as they pertain to your state and locality, will be familiar to a tenant lawyer. They will be able to give you the necessary legal assistance by representing you in a case involving a wrongful eviction, assisting you in recovering your security deposit, contesting an unfair clause in your lease agreement, and defending your legal rights in other ways.
