People who have been renting homes for a significant amount of time know that finding a perfect home with an agreeable landlord is the dream scenario. However, there are instances when renters meet a landlord who turns out to be difficult when uncomfortable issues arise.
Thankfully, renters do have legal rights under the Landlord-Tenant Law and the Fair Housing Act, and it is imperative for all to understand them in case of lease disagreements. Here are a few common problems that arise between landlords and tenants, and what the law says about them.
Accommodations
Under the Fair Housing Act, which is a federal law, any renter should be able to obtain accommodations without discrimination. This pertains to discrimination against race, religion and even disability.
Security Deposits
While not imperative, security deposits are almost always regulated by all landlords to cover any possible damage or unpaid dues. However, specific instances as to why the deposit may be withheld must be clearly stated in the contract.
Should a landlord withhold the deposit outside the terms of the lease, a tenant can sue him for the return of the money, including any damages done for bringing the issue to court.
Additionally, a landlord cannot ask for an outrageous amount as security deposit. As explained by Avvo.com, deposits should not be more than one month's worth of rent, unless special conditions exist, such as having pets.
Repairs
Under the Landlord-Tenant Law, tenants have the right to enjoy the property as long as they pay the rent. As such, landlords have the responsibility to honor the "warranty of habitability." It is their obligation to keep the premises in reasonable repair suitable for human habitation.
Should your landlord refuse to fix that heater in the middle of January, or if he refuses to subject your house for a termite treatment, he has committed "constructive eviction." As a tenant, you can file claims in a court even without an attorney.
Or, you can consider other options, such as paying for the repairs yourself, and then deducting the amount from your next rent. You may also opt to vacate the premises, terminating your lease immediately.
Eviction
Upon meeting obligations and responsibilities, landlords have the right to receive full and timely payment of rent as agreed upon. Should the tenant fail to pay rent on time, the landlord can in fact charge for late fees, or, in worst cases, evict the tenant.
However, if the renter has fulfilled all his obligations stated on the lease, the landlord cannot evict him without stating a cause. If the landlord does so, the renter may file a lawsuit, including the cost associated with finding a new place within an unreasonably short notice.
