Legal Rights when Renting an Apartment or House

Tenant and Landlord Have Legal Rights

By travels, published Aug 13, 2005
Published Content: 331  Total Views: 568,266  Favorited By: 3 CPs
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The Fair Housing Act prohibits anyone from being denied the right to rent, against discrimination of race or color, national origin, religion, family status or handicap. The Department of Housing, and Urban Development enforces the Fair Housing Act. They want to be informed of any discrimination. Their toll free telephone number: 1-800-669-9777. The Act does exempt housing operating by an organization and private club, which limits occupancy members.

Also, owner occupied buildings with no more than four units, and single family housing sold or rented without the use of a broker. Any disabled person, can make modifications to a dwelling at the expense of the renter for easier access. However, before vacating the property, the disabled renter must restore at their expense, back to the original restoration. Renting an apartment or house, is beneficial only if the renter plans on living there for a short time, or needs time to familiarize living in a new neighborhood.

When agreeing upon a rental agreement between the landlord (Lessor) and tenant (Renter), there should be in writing a lease. A lease is a Long Term Contract, at least one year, and limited rights to end the agreement. The lease out lines the rights of the tenant, and the landlord. The lease must have the names of the landlord and tenant, description of the lease premises, the amount of the rent, and the duration of the lease. Also, include when the rent is due (day of the month), amount required for a security deposit, allowing or disallowing subletting, (Some lease contracts may stipulate restrictions for subletting), who will pay utilities, and if pets are allowed. Additional options maybe in including in the lease regarding any free services that are provided, parking availability, and specific laws of jurisdiction, regarding your city, county or state regulations.

Takeaways
  • When a tenant brakes a lease, an eviction often proceeds.
  • Verbal agreement is disadvantage to the renter.
  • Before signing a lease, tenant should check for any damages, in the residence.
Did You Know?
Legal rights to a landlord and tenant regarding a lease & security deposit.
Comments
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I have lived at my currant garage apt for 3 years. It's right behind my landlords house and beside another apt. Yesterday my landlord informed me that he moved my mailbox because the mail lady asked him too. It was right outside my door and now it's up on the side of his house on a broken walk way. The mailbox has been there the whole 3 years and the past 3 previous tentents years...equaling about 10. I find it an inconvinence to walk 50 feet to get my mail. The mail lady told my mother that where it is now is where it was years ago...wasn't that years ago and if it was there why has she waited so long to tell us to move it? We have had problems with her not walking to our door to deliever the mail and putting it in the front house's mailbox instead. She will deliever to the apt to the left of me (10 ft) but not me. I want to move my mail box back, is this my right or who do i call about it? The post office just was like whatever! Help please...thanks in advance!

Posted on 06/10/2008 at 11:06:16 PM

 
I just moved into an apartment on 05/30/08. When i got my keys I went through and did my move in conditions sheets. There are somethings on there that makes me question if this place is legal to rent. No smoke detectors, some of the electrical outlets didn't work, water dripping from vent in the bathroom that could cause mold and it very inconvienient considering it is right above the toilet, my first day someone came to do final inspection on plumbing, a spot in my sons room that could be mold, among other things. I was originally supposed to rent a different apartment but they said it wasn't ready. It needed to be upgraded. So they were moving me to a place that was ready. After I did my walk through I asked if they had done a walk through because of all the issues and there was real dirt in the tub not dirt from someone talking a bath and there was a big blob of toilet paper in the tub. The answer was no. What are my legal rights in this situation? Can I get out of this lease?

Posted on 06/09/2008 at 11:06:13 AM

 
I just moved into an apartment on 05/30/08. When i got my keys I went through and did my move in conditions sheets. There are somethings on there that makes me question if this place is legal to rent. No smoke detectors, some of the electrical outlets didn't work, water dripping from vent in the bathroom that could cause mold and it very inconvienient considering it is right above the toilet, my first day someone came to do final inspection on plumbing, a spot in my sons room that could be mold, among other things. I was originally supposed to rent a different apartment but they said it wasn't ready. It needed to be upgraded. So they were moving me to a place that was ready. After I did my walk through I asked if they had done a walk through because of all the issues and there was real dirt in the tub not dirt from someone talking a bath and there was a big blob of toilet paper in the tub. The answer was no. What are my legal rights in this situation? Can I get out of this lease?

Posted on 06/09/2008 at 11:06:11 AM

 
i currently rent a 2 bedroom and it may be forclosed on because of the owner is my lease still binding property to be sold in feb this is dec

Posted on 12/18/2007 at 6:12:45 PM

 
I have lived in my appartment for 13 months and 3 months ago we got a new owner. He raised owr rent by 80% and now he wants a deposit. He is also making rules that limit who I can have over and what I can do how much can he limit these things and do I have to sign the new rules?

Posted on 12/10/2007 at 7:12:21 PM

 
we put down a deposit of first months rent and security deposit. The landlord stated they had others interested in the apartment and had to check our references. No lease was signed, only a reciept was given of deposit. The check was cashed prior to lease signing. We decided against taking the apartment and told the landlord this. No lease was ever signed. They are now refusing to return the first months rent. Is this legal? Where can we get more information about this?

Posted on 11/25/2007 at 7:11:00 PM

 
A letter was put on my door from site manager stating that she will be doing inspections for housecleaning, how is this legal?

Posted on 11/23/2007 at 7:11:00 AM

 
you can try calling the department of fair housing.

Posted on 11/15/2007 at 7:11:00 PM

 
Be aware! landlords come into your home when your at work or out and go through all your belongings(caught them on vidio tape)and even use your electricity for cooking their food etc as well as even make long distance phone calls on your phone. Tenants should be allowed to use a chain lock on their door without having to give a copy of the key to the landlord. The tenant should have to have renters insurance to cover cost's such as pipes that burts in their apartment for this chain lock addition. I have never had a landlord not enter my home when im gone. I suggest all tenants invest in a camera to catch the landlord. More importantly my last landlord was taking every single piece of my mail out of my mailbox for a 1.5 month period and i was left with no choice but to pay for a post box office mail box. It is my experience that the laws should be strongly enforced against bad landlords when a tenant is able to prove the landlord is breaking the laws of an act.

Posted on 10/01/2007 at 12:10:00 PM

 
The apartment complex where I live has one universal roof, where it's one huge attic. This is a problem since all 3 persons who live next door to me all smoke 24/7. The cigarette fumes make their way thru the vents and have created numerous sleepless nights for my son and wife ( both have aphsma ) as well as myself having sleep apnea. We are unable to use our air unit due to the constant smell of smoke. We continue to wake up every morning with headaches. I have brought this to the previous mgr as well as the current. They state it's not their problem? Can I break my lease due to helth reasons.....Help, All smoked out

Posted on 09/17/2007 at 12:09:00 PM

 
Hi, is this legal of getting cash for advance and security deposit?My landlord refused to get checks for monthly rent and security deposit.? can i proceed legal actions against her? Please mail me if u know any idea .mahesh.venkata@yahoo.com

Posted on 08/30/2007 at 11:08:00 PM

 
Major renovations are being done to the other apts in my buliding and my apt is currently the only one that is occupied. I arrived home last night to find the noxious odor of gas throughout the building. I tried unsuccessfully numerous times to reach my landlord at the number provided on my lease as the emergency number. To make matters worse, I could not even leave a message as the voice mailbox was full. It is now the next morning and I am still trying to reach her and the people in the management office to no avail. I have a dog and I am not comfortable leaving him home to inhale this all day. He already did so all of yesterday. I am very worried about the effects this will have on us both.

Posted on 08/09/2007 at 6:08:00 AM

 
Is the owner responsible for providing keys to accessing the building, or is he only responsible for providing the keys to the appartment?

Posted on 04/24/2007 at 1:04:00 PM

 
after a lease & on a month to month & landlord still hasn't fixed major repairs & your 10 days late.what should i do?

Posted on 03/10/2007 at 4:03:00 PM

 
can you break a lease if you found that the house had bad foundation, roof leaks ]bad plumbing

Posted on 03/07/2007 at 12:03:00 PM

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