We can’t send you updates from Justia Onward without your email.
Unsubscribe at any time.
Both tenants and landlords want rentals to run smoothly. The risk of unpleasant surprises recedes if each side understands their rights and obligations. The Landlord-Tenant Law Center in the Justia Legal Guides helps serve this purpose.
At first glance, renting a property seems like a simple transaction. A tenant pays rent to a landlord for the occupancy and use of the premises. However, challenges can arise throughout the course of this relationship. Each side should understand their rights and obligations so that they can comply with the law and avoid problems to the extent possible. This is where the Landlord-Tenant Law Center provided by Justia can help. As part of our Justia Legal Guides, it provides some general answers to questions that tenants or landlords may raise.
What Does a Rental Agreement Usually Cover?
Some common terms in a rental agreement involve the amount of rent, deadlines for payment, and the method of payment. In addition, the agreement likely will cover topics such as the length of the tenancy, the security deposit, occupancy limits, pet restrictions, and rules for common areas and amenities. A landlord also may want to address the possibility of the tenant making changes to the unit or subleasing the unit to someone else.
How Can a Landlord Increase the Rent?
When a lease controls the rental, the landlord can increase the rent at the end of the lease period by including the increased amount as a term of the new lease. If a month-to-month rental agreement controls, the landlord must provide written notice in advance. While the notice period is usually about a month, it may be longer or shorter in certain situations. A landlord generally can raise the rent as much as they want unless rent control laws apply, but they cannot raise the rent in a way that discriminates against certain groups protected by fair housing laws.
What Happens to the Security Deposit When a Tenant Moves Out?
A landlord may use the security deposit to cover missed rent payments and repairs required to get the unit ready for its next occupant after the tenant leaves. However, they cannot use a security deposit to cover repairs related to normal wear and tear, or repairs of damage that occurred before the tenant moved into the unit. The landlord then will return the remaining amount of the deposit to the tenant.
What Happens if My Roommate Does Not Pay Their Share of the Rent?
Each co-tenant is independently liable to the landlord for all the rent, regardless of any arrangement between co-tenants about their rent responsibilities. This means that you may need to pay the full amount of rent to the landlord to avoid eviction. (Moreover, some landlords may require rent to be paid in a single check rather than receiving separate checks from each co-tenant.) A landlord similarly can respond to a breach of the lease by one co-tenant by terminating the lease for all the tenants.
Can a Tenant Withhold Rent if a Landlord Fails To Make Repairs?
A tenant may have a right to withhold rent when a landlord fails to make repairs to the unit, but only if a major problem has arisen that makes the unit unlivable. A minor problem does not justify withholding rent. If a tenant stops making payments without proper justification, or without following any required procedures, they may face eviction. This makes it critical to understand the laws in this area, such as rules regarding the notice and opportunity to repair that the landlord must have received before the tenant starts withholding rent.
Can a Landlord Enter an Apartment Without Notice?
A landlord has a right of entry, but a tenant also has a right to privacy. In most cases, such as when they are making repairs, a landlord must provide notice to the tenant before entering the unit. However, a landlord may enter a unit without notice if an emergency arises, such as when a crime is occurring in the unit or serious property damage seems imminent. A landlord also does not need to provide notice if the tenant appears to have abandoned the premises.
Can a Tenant Sue the Landlord if They Were Injured on the Property?
A tenant may be able to sue the landlord for injuries that they suffer on the property. They usually would need to prove that the landlord was negligent, which means that they failed to use reasonable care, and this caused the accident. For example, perhaps a landlord failed to make necessary repairs or acted carelessly in making repairs. Sometimes a violation of a health or safety law may make a landlord automatically liable for accidents resulting from the violation.
What Should a Landlord Do To Protect Tenants From Crime?
Some basic precautions include installing strong locks on doors and windows, providing thorough lighting for the exterior of the building, and trimming vegetation. A landlord should comply with any local laws requiring security measures and follow up on reports of potential problems from tenants. If they do not take proper precautions, a landlord may be held liable for injuries caused by the criminal acts of third parties. A landlord also must address crimes perpetrated by tenants on their property. This may involve contacting law enforcement and evicting the tenant at issue.
What Happens to Property Left Behind When a Tenant Moves Out?
If a tenant planned in advance to leave the premises, the landlord generally can dispose of anything left behind without consulting the tenant. However, if the tenant disappears unexpectedly without taking their belongings, the landlord may need to store the belongings while trying to find the tenant. When a tenant has been evicted, some but not all states require a landlord to store abandoned property until they contact the evicted tenant and decide what to do with it. Meanwhile, some states allow a landlord to keep or sell abandoned property as compensation for any unpaid rent owed by a tenant.
What Are the Main Types of Termination Notices?
A landlord generally will issue one of three types of notices to terminate a tenancy. First, a Pay Rent or Quit notice requires a tenant to catch up with their rent or leave the property within a certain period. A Cure or Quit notice responds to a different breach of the lease. It requires a tenant to come into compliance with the breached provision or leave the property within a certain period. The final type of notice is called Unconditional Quit, which means that the tenant must leave the property without getting a chance to fix the problem. These notices often arise from a pattern of repeated violations.
What Does Housing Discrimination Look Like?
The federal Fair Housing Act protects renters from discrimination based on their race, color, religion, sex (including sexual orientation and gender identity), familial status, national origin, or handicap. Prohibited forms of housing discrimination include refusing to rent, offering less favorable lease terms, or advertising a unit for lease while indicating that applicants with a particular protected characteristic are unwelcome. People with disabilities are entitled to reasonable modifications and accommodations. States have enacted their own protections, which may extend more broadly. Justia provides a 50-state survey on fair housing laws.
Final Thoughts
A landlord-tenant dispute can have major repercussions. A tenant may lose their home, while a landlord may suffer a serious financial blow. Both sides should consider consulting a landlord-tenant lawyer to advise and represent them as needed. In the meantime, the Landlord-Tenant Law Center provides a readable overview of issues that often arise in this area. Like the other Justia Legal Guides, it furthers our mission of making the law free and accessible to all.
Related Posts
