Renting an Apartment: Your Rights

Tenant rights are, for the most part, set by state law, so you should check for the specific laws that affect tenants in your state. The following is information on some fairly common tenants rights that may or may not be applicable to your state.

Your responsibilities
Before we talk about what the landlord is responsible for, let's take a look at your responsibilities:

• Keep the apartment clean
• Put out garbage in proper containers
• Use electrical and plumbing fixtures properly
• Follow local housing, health and safety rules
• Do not damage the landlord's property or disturb neighbors
• Make sure guests do not destroy the landlord's property or disturb other residents
• Use appliances with care
• Notify the landlord when repairs are needed

Landlord's responsibilities
Renting is a two-way street. Since you are required to keep up your end of the bargain, the landlord has certain responsibilities, as well:

• Obey all health and safety laws and regulations.
• Make all repairs needed to maintain the property in good condition.
• Keep all common areas safe, clean and in good repair.
• Maintain all electrical, plumbing, heating and air conditioning fixtures and applications that the landlord provides or is required to provide.
• Provide and maintain garbage cans and provide for trash removal where there are four or more units in the building.
• Supply running water and enough hot water and heat at all times, unless there are separate heating or hot water units for each dwelling unit and the utility fees for the heating and hot water are paid directly by the tenant to a public utility company.
• Give at least 24 hours notice to a tenant before trying to enter his or her apartment and enter only at reasonable times unless there is an emergency.
• Do not abuse the right to enter.

Prohibited actions
There are certain actions your landlord is not allowed to take, no matter what the situation. A landlord cannot shut off utilities, take anything that belongs to a tenant, change the locks or otherwise lock a tenant out of his or her apartment to force the tenant to pay rent or leave the apartment. A landlord also cannot raise the rent or threaten to evict a tenant for taking legal action against the landlord. A landlord is not permitted to abuse the right to enter the apartment, meaning that the landlord is not allowed to harass a tenant with repeated visits.

The lease
When you sign a lease, you are held to the terms specified in that lease except for the following:

• Any conditions that are unfair or unenforceable.
• Any terms that force a tenant to pay for repairs that the landlord is responsible for.
• Any wording that limits the right of the tenant to sue the landlord for an injury that occurs on the premises.
• Any agreement that requires the tenant to pay the landlord's legal fees.
• Any terms that waive the tenant's right to be legally evicted through a court process.

Leases are also required to list the name and address of the property owner and his or her agent, if there is one. If this information is not in the lease, it must be given to the tenant at move in.

You must give the landlord notice when you intend to end the rental period described in the lease. In return, the landlord must notify you when he or she wants to end the rental agreement or raise the rent.

If you rent monthly, notice must be given at least 30 days before the end of the rental. If you rent weekly, notice must be given at least 7 days in advance.

Security deposit
Landlords may require a security deposit that will be used to cover any unpaid rent or damages you cause. This money must be refunded within 30 days of the end of the rental agreement. The landlord, however, may deduct the cost of any repairs that he or she has to make, other than maintenance from normal wear and tear. Any charges deducted from the security deposit must be listed separately and sent with the remainder of the deposit. If you disagree with the deductions or you do not receive the security deposit, you may sue your landlord.

A landlord can require any amount for a security deposit. A few states require the landlord to pay you interest on your deposit.

Troubleshooting
If your landlord is not living up to his or her legal responsibilities, or if a government agency determines that the apartment has a health or safety violation, you have several courses of action available to you.

You can sue the landlord for money damages. You can also force the landlord to make the required repairs. Send a notice to the same address as the rent checks are sent and the landlord is required to make the repairs within 30 days.

If the landlord fails to make these changes, don't stop paying rent. Here are some options you can take, however, that will stop the landlord from collecting your rent.

Option 1: Instead of mailing the rent, take the rent check to the clerk of courts. The clerk of courts will hold this money until the repairs are made. You still need to stay current on rent payments.

Option 2: Ask to the court to legally force the landlord to make the repairs. In addition to ordering the repairs, the court may also decrease the rent for the period the repairs are not made.

Option 3: Simply end the lease and move out of the apartment. You still must give proper notice.

Eviction
Hopefully your rental experience will not include an eviction. But if you don't pay your rent, don't live up to your end of the lease agreement or refuse to leave at the end of the lease, your landlord may evict you.

The landlord must serve you a written eviction notice. After a few days, the landlord can file that eviction notice in court. If the landlord wins his suit for eviction, and you still don't vacate, the landlord can ask a local law enforcement officer to remove you from the apartment.