13. what rights do you have as a tenant according to the site? us attorney general

What are my rights as a tenant in a rental property?

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 …

Do I need a lawyer to protect my rights as a renter?

Jul 01, 2013 · 2. State and Local Laws that Affect Renters. State law may give a tenant the right to receive notice when the landlord wants to enter the space or send someone to make repairs. As a renter, you probably don't want your landlord to have unlimited access to your space.

Do You Know Your Rights under the law as a landlord?

Jul 07, 2020 · According to the County Ordinance, you have one year from the month that your missing rent was due to pay it back. Your landlord may have you sign a repayment agreement, do NOT sign it. Your landlord can not evict you for not signing it. By signing this, you may be agreeing to waive certain rights. Covid-19 & Housing

When does a landlord have the right to enter a rental?

What Are My Rights As A Tenant? A safe and sanitary home. You have the right to call a health or housing inspector if you think there is a code violation in the place your are renting.

What are the basic rights and responsibilities of a tenant under Florida law?

The Tenant's Responsibilities As a tenant, you must pay the rent and security deposit and follow all other legal requirements in the lease agreement. Tenants must also: Keep their part of the premises clean and sanitary. Remove all garbage in a sanitary manner.

What are your rights as a tenant without a lease in Texas?

Even without a lease, you can evict a tenant. Because there is no lease or rental agreement, a landlord or property manager can evict a tenant for any reason. The only legal provision would be that a proper notice must be given to the tenant being evicted.Nov 22, 2016

What are renters rights in the state of California?

California landlords are legally required to offer and maintain habitable rentals. Tenants may withhold rent, move out without notice, sue the landlord, call state or local health inspectors, or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.

Do you have to give a 30 day notice on a month to month lease in Texas?

Be aware that if you are in a month-to-month tenancy, the landlord or the tenant only must give 30-days' notice before ending the lease. If the term of the lease is more than 1 year it must be in writing or it is unenforceable.Jun 25, 2021

Can a landlord evict you if there is no lease?

If there is no lease, either written or oral, a landlord still can evict you. This is because the lack of a lease means that you are in a month-to-month tenancy at will and must pay rent on a monthly basis, or more frequently if you have an agreement to that effect.Oct 18, 2021

Can my landlord evict me?

You may need to engage your landlord if the notice to vacate is lawful. The landlord cannot evict you for no reason - merely because they want you out. There are legal regulations guiding the termination of a lease agreement.Oct 2, 2020

What are the rights of tenant?

Rights as a tenant He is entitled to quiet and exclusive enjoyment of your home. He has the right to contact the landlord or their agent at any reasonable times. His landlord is only allowed to enter his home with your permission. He is entitled to a certain amount of notice of the termination of the tenancy.

What are the rules for tenants?

Renting a House? 10 Laws That Every Tenant & Owner in India Must KnowA written agreement. ... Maintenance of the property. ... Uninhabitable conditions. ... Damage of property after tenancy commences. ... The landlord or landlady cannot entire the premises without prior notice. ... Essential supplies. ... Eviction of tenants. ... Death of the tenant.More items...•Jan 28, 2019

What are my rights as a tenant renting a room in California?

The room you are renting must be "habitable" or fit to live in and comply with health and building codes. Landlords are responsible for making the unit habitable and repairing any defects that might threaten the room's habitability, such as inadequate sanitation or heating or broken windows.

How long do you have to give a tenant to move out?

Your landlord can end the let at any time by serving a written 'notice to quit'. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.

How long can a tenant stay after the lease expires Texas?

As long as the tenant does not violate any rules, they can stay until their rental period ends. But if the tenant stays in the property even a day after their lease/rental agreement ends and has not arranged for a renewal, landlords can issue a 30-Day Notice to Vacate.Dec 22, 2021

Can you kick someone out of your house if they are not on the lease in Texas?

You can only evict your roommate if they aren't on the lease or are your subtenant. Most of the laws relevant to leased apartments in Texas can be found in Title 8, Chapter 92 of the Texas Property Code. This law says that a lease can be oral or written, and can be made between a tenant and a subtenant.Mar 18, 2021

What Is a Landlord-Tenant Law?

In essence, a landlord-tenant law is a set of statutes that govern certain activities that both landlords and tenants participate in during the cou...

What Are My State’s Landlord Tenant Laws?

In many cases, a state’s landlord-tenant laws are easy to isolate because they are referenced in a state’s statutory code as “The Example State Lan...

How Can I Interpret My State’s Landlord-Tenant Laws?

As you may have already learned, the vast majority of landlord-tenant laws in the US (both at a state and local level) are written in “legalese.” I...

What rights do landlords have?

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 ...

How much notice do you need to give a tenant before 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.

What happens if a landlord fails to comply with a warranty of habitability?

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 ...

Why do landlords evict tenants?

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.

Why do landlords break leases early?

This includes justifications relating to a landlord’s failure to maintain a unit’s habitability (as defined in that states “warranty of habitability”).

How much notice do you have to give a tenant to terminate a lease?

On average, most states require between 15 and 60 days of notice in these situations.

What is a warranty of habitability?

These standard sets, often referred to as a “warranty of habitability,” are usually divided between the responsibilities placed upon both landlords and tenants.

What are the rights of a tenant?

Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet.

What is the right to demand that a landlord repair a tenant's property?

Health and Safety. You have a right to demand that the landlord repair any condition that materially affects your physical health or safety. § 92.052. Justices of the peace have authority to order landlords to repair or remedy conditions affecting a tenant's physical health or safety, as long as the cost of the repair does not exceed $10,000.

How to get a landlord to fix my house?

If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to: 1 End the lease; 2 Have the problem repaired and deduct the cost of the repair from your rent; or 3 File suit to force the landlord to make the repairs.

What happens if water bed leaks?

If your water bed leaks and the carpet becomes mildewed as a result, you may be charged. Advance notice requirements. You should check your rental agreement to see if it requires you to give the landlord advance notice that you are moving. Many leases require a 30-day notice as a condition of returning your deposit.

What happens if a landlord doesn't make repairs?

If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to: End the lease; Have the problem repaired and deduct the cost of the repair from your rent; or. File suit to force the landlord to make the repairs. §§ 92.056 and 92.0561.

How long can a landlord retaliate against you for a complaint?

Under Texas law, it is illegal for a landlord to retaliate against you for complaining in good faith about necessary repairs for a period of six months from the date you made such a complaint. §§ 92.331-92.335.

How long does it take to fix a tenant's rent?

Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. The law presumes seven days to be a reasonable time, but the landlord can rebut this presumption.

What laws govern evictions?

State and local laws will govern most problems that arise between you and your landlord or you and a neighbor. Your problems may be resolved in local counseling facilities, local small claims courts, or in state civil court. State and local law will govern most evictions.

What does it mean to be a renter?

As a renter, you are likely concerned about both your information privacy and your physical privacy. This typically means living free from the fear of unexpected visits from the landlord or his agents. You might expect the landlord to enter your space when you request repairs, or to show the unit if you are moving out. However, you would probably feel uneasy if you found out that people had been entering your home without your knowledge or consent.

What is the Fair Credit Reporting Act?

The Fair Credit Reporting Act. Federal law offers rights and protections when the landlord collects and uses your personal information through a credit check or more extensive tenant report, sometimes called a “background check.”.

What is rental application?

Rental applications reveal information that allows a landlord to make preliminary judgments about your suitability as a tenant. A potential landlord may verify application information regarding your current employer, income, and living situation (including opinions of your current landlord).

How to contact HUD about housing?

To begin, contact a housing counselor in your area through HUD. The HUD website also lists a toll free telephone number for around the clock advice: 888-995-HOPE (4673). HUD’s interactive help system may also provide you with more information: 800-569-4287.

How long do you have to give notice to a landlord?

Generally, the landlord must provide you written notice and give you a specified number of days to respond. The number of days may vary depending on the circumstances. State and local laws set standards for the court case a landlord files prior to evicting a tenant.

What is the FCRA?

The federal Fair Credit Reporting Act (FCRA) gives you the right to notice if you are turned down for a rental based upon information in a credit or tenant report. (15 U.S.C. §1681 et seq.) In addition, you have the right to receive a copy of your report and to dispute inaccurate information.

How long do you have to notify your landlord of rent?

You are required by the orders stated above to notify your landlord if you are unable to pay rent within seven (7) days of rent being due. You can let your landlord know through email, letter or text. Use the following templates to notify your landlord: No Rent letter outline.

How long do you have to respond to an eviction in California?

The Executive Order : This order extends the amount of time that you have to file a response to an eviction lawsuit for 60 days. The Judicial Counsel Order: This states that California Courts will not issue a summons for eviction cases; only exception being for health and safety reasons.

When is the 211 LA webinar?

A breakdown of your legal obligations as a tenant in Los Angeles. On June 24, 2020, 211 LA and Community Legal Aid SoCal partnered with three legal housing experts in hosting a webinar to educate Los Angeles residents about their rights and obligations as tenants.

What are tenant rights?

Tenants’ rights influence what you can and can’t include on a lease and how much you can collect from the tenant up front. Here are a few tenant rights that relate to the lease.

What is the right of a tenant to live in a safe and habitable home?

Right to a Safe and Habitable Home. Tenants have a right to occupy and live in a safe and habitable home. In 1979, the Pennsylvania Supreme Court decided that it is the responsibility of the landlord to ensure that a property is safe and sanitary.

What are tenant rights in Pennsylvania?

13 Tenant Rights All Pennsylvania Landlords Must Know 1 Tenant Rights During the Apartment Search 2 Tenant Rights on the Lease 3 Tenant Rights After They Have Moved Into a Property 4 Tenant Rights if There is Something Wrong 5 Tenant Rights at the End of the Lease

How much notice do you need to give a tenant to renew their lease in Pennsylvania?

For leases under one year or for month-to-month leases, Pennsylvania landlordlaws require that you give tenants at least 15 days notice that you won’t be renewing the lease. In the case of leases that are for a year or longer, you’re required to give at least 30 days notice.

How long can you hold a security deposit in Pennsylvania?

As a landlord in Pennsylvania, you’re allowed to collect up to two months ’ worth of rent as a security deposit during the first year a tenant lives in a property. If a tenant lives in your property for two years or longer, you are only allowed to hold up to one month’s worth of rent as a deposit.

How long does it take to get a security deposit back?

Tenants have the right to get their security deposit back when they move out. They need to receive the deposit back within 30 days of leaving the property. If you deducted anything from the deposit, you also need to provide an itemized list of any damages and the amount of the charges for those damages. If you don’t provide a tenant with the full amount of the security deposit or with a list of damages, they have the right to sue for double the amount of the deposit.

What is the Fair Housing Act?

Federal law, notably the Fair Housing Act , protects people’s rights when they are looking for an apartment or home to rent. Thanks to the Fair Housing Act, landlords across the U.S. can’t discriminate against people when deciding who to rent a property to.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

Why do landlords have attorneys fees?

Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

Who is the attorney for a tenancy in common agreement in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What is a tenant in common?

The tenants in common are usually listed on the property’s deed, though a formal tenancy in common agreement should be used to supplement the deed and spell out the terms of the agreement. The various rights and liabilities of tenancy in common vary slightly from state to state, as does the court’s ability to intervene and handle lawsuits regarding ...

What happens to tenants in common?

Liability to Creditors. While tenants in common are not responsible for other co-owner’s debts, they can be negatively impacted by the actions of their creditors. For example, if a creditor successfully sues for ownership of the property, the tenants in common will be stuck with the creditor as the new co-owner.

What is a TIC in Arizona?

Joint or community property is covered in ARS 33-431. In a tenancy in common (TIC) agreement, co-owners own a fractional share of the property.

How is liability distributed?

The liability is typically distributed according to ownership stakes, so that each co-owner pays for their portion of the bill. If one of the co-owners pays in full for a property expense, he or she is entitled to repayment from the other co-owners.

What is the problem with tenancy in common?

The most common problem with tenancy in common is discord between co-owners. Rather than leaving relations to chance, draft a formal tenancy in common agreement at the time the property is purchased, and include language that addresses what will happen if disputes arise.

What is the right to property income?

The Right to Property Income. Co-owners are entitled to receive income from the property proportional to their share of ownership. Any rent or leasing fees collected by one co-owner must be distributed to the other co-owners according to their interest.

What laws do landlords have to follow?

Landlords must follow all federal, state, and local laws addressing illegal discrimination. Make required disclosures to rental applicants and tenants. The federal government and many states and cities require landlords to disclose certain information to prospective and current tenants. Respect their tenants’ privacy.

What is the right of a landlord to choose who will live in their rental property?

Broadly speaking, all landlords have the right to: Choose who will live in their rental properties. Landlords may set whatever tenant screening criteria they want, as long as the criteria are backed by solid business reasons and are not illegal, retaliatory, or discriminatory. Set the terms of the tenancy.

What is implied warranty of habitability?

Under the implied warranty of habitability, landlords must ensure that their rental properties meet basic standards of livability. All states, except Arkansas, require landlords to provide tenants livable rental premises, beginning when the tenant originally rents the unit, and throughout the tenancy.

What happens when you evict a tenant?

Evict tenants who cause problems. When tenants break the rules, act illegally, or fail to pay rent, landlords have the right to require the tenants to leave the property through the termination and eviction process. Decide to no longer use the property as a rental.

Why can't landlords evict tenants?

For example, many laws prohibit landlords from evicting tenants because the tenants complained to a government agency about unsafe conditions. Handle all rental-related matters in good faith.

What is residential landlord?

Residential landlords are individual property owners or businesses that rent out apartments, condos, or houses for money. The renters who pay landlords to live in these properties are called residential tenants. Landlords and tenants have legal rights and responsibilities that are spelled out in federal, state, and local law, ...

What is the meaning of "collect something of value"?

Collect something of value in exchange for allowing the tenant to live at the property. In the vast majority of situations, landlords receive rent in the form of money payments; however, it is not uncommon for payment (in full or partial) to be in exchange for services, such as property management.

Peace and Quiet

• Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord. Of course, you may not disturb other tenants either. Except under...

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