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Understand your rights as a tenant and learn when to seek legal counsel from a tenancy lawyer to protect your interests.
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A Guide To Tenants' Legal Rights And How A Tenancy Lawyer Can Help Tenants have specific laws that protect them. Besides, being aware of your rights as a renter helps you stand up for yourself when needed. Many problems tenants encounter are small and can be solved by properly communicating and checking reliable resources on landlord-tenant law, like a local tenants' rights group. The more you understand the law and your legal rights, the better. Some issues, though, aren't easily resolved and can seriously affect your enjoyment of your rental—or even your ability to stay in it. In these situations, seeking a tenancy lawyer's assistance might be the most effective way to safeguard your rights. However, the starting point still remains the same: knowing your rights. The Rights You Have As A Tenant Living Conditions As a tenant, you shouldn't tolerate unlivable living conditions! You have the right to safe and habitable housing as someone who pays rent. Throughout your lease, it's your landlord's responsibility to make sure the property remains in a livable state. While repairs and maintenance are inevitable, landlords are obligated to address issues promptly. Moreover, your entitlement to safe and livable housing means your landlord must adhere to the housing codes, fire codes, and earthquake requirements. Residential buildings typically meet criteria such as: ●Structural integrity and safety of walls, roof, ceilings, foundation, stairs, and floors ●Proper functioning of electrical, heating, plumbing, drainage, and ventilation systems
●Presence and proper operation of smoke detectors, carbon monoxide detectors, and fire extinguishers ●Also, the correct installation of appliances, lighting, and fixtures ●Sanitary conditions and freedom from pest infestations in all spaces ●Lockable entry doors and windows ●Lastly, water safety for consumption Even if your lease doesn't explicitly mention habitability, most jurisdictions still uphold this right as a basic standard for all tenancies. The assurance of having livable space is known as the "implied warranty of habitability," and it doesn't have to be explicitly stated in the lease. Moreover, even if you're getting an affordable rent deal, the property must still meet basic standards. Privacy Regardless of your landlord's friendliness, they must respect your boundaries. You don’t need to go looking for a lawyer to tell you that tenants are entitled to privacy. Also, you decide who enters your home and when. This right prohibits your landlord from harassing you or misusing your personal information. Further, your privacy right prevents your landlord from: ●Entering your rental unit, or allowing someone else to enter, without proper notice and permission. ●Sharing the personal information you provided in your rental application or lease with unauthorized parties. ●Showing up or calling you at your workplace without your permission. ●Also, visiting or inspecting the rental property too frequently without a valid reason. Certainly, landlords have valid reasons to enter their rental properties occasionally, such as conducting routine inspections, making repairs, or showing the property to prospective tenants when you're moving out. They may also need to bring in a repair person or inspector for an issue
with your unit. However, your right to privacy prevails over your landlord's right to enter the rental property. There must be a balance between both interests! Aside from your physical privacy, you also have the right to control access to your personal information. Your landlord should keep any and all of your information collected confidential. If they don’t, this is where a tenancy lawyer steps in. Non-Discrimination Discrimination is never acceptable! As an applicant and tenant, you have the right to fair treatment without facing discrimination. Besides, several anti-discrimination laws prohibit landlords and other housing providers from discriminating based on: ●Age ●Race ●Color ●Religion ●National origin ●Sex ●Disability ●Familial status It's important to note that a landlord can still reject your application without it being considered discrimination. Legally, a landlord can deny your rental application if you are unable to afford the rent. If you believe you have experienced discrimination while renting or applying to rent, you have the option to file a complaint. Security Deposit Nobody enjoys forking out a security deposit, but it's a standard part of most rental agreements. Typically, landlords do ask tenants to pay a security deposit before moving into a rental unit. When you hand over a security deposit, it doesn't automatically become your landlord's property. Instead, they hang onto it until the end of your tenancy, either giving it back or using it to cover
outstanding costs and damages. However, tenants have rights concerning unfair expectations related to security deposits. Further, these rights safeguard tenants by establishing rules in the following areas: ●Maximum amount: Some states in the US and local governments set limits on how much a landlord can charge for a security deposit. ●Allowable deductions: Different states have rules about what a landlord can subtract from a security deposit at the end of a tenant's stay. Further, permissible deductions might include unpaid rent and utilities, cleaning and repair expenses, compensation for losses, and more. ●Time limits for return: Every state mandates landlords to return security deposits to tenants within specific deadlines. Generally, this timeframe ranges from 14 to 60 days. Transparency When you're renting a home, you have the right to clear information from your landlord. Landlords often have knowledge of a rental unit's history, so it's their responsibility to let you know certain things before you sign a lease. Generally, your landlord is required to inform you of the following: ●Whether the rental unit had bed bugs in the past year. ●If there are or were any mold or asbestos issues in the rental unit. ●If any fees are non-refundable. ●If the rental property is undergoing foreclosure. ●If there has been a death in the rental unit. Additionally, US federal law mandates that if a building was constructed before 1978, landlords must alert tenants about the potential presence of lead-based paint. Failure to disclose lead-based paint hazards could result in penalties for the landlord. Takeaway
You have rights that go beyond just the ones mentioned in this blog post and research online resources. Yet, if you are looking for a tenancy lawyer to solve the problems you are experiencing with your landlord, you are in the right place. Let us get you legal help