Common Renter’s Rights You Need To Know

While being an expert in tenant or landlord statutes would be ideal, it’s not necessary for you to ensure your rights—and your tenants’ rights—are protected. While tenant laws will vary by state, learning some of the basic laws that apply to rental properties and relationships with your tenants is important and a worthy accomplishment for REI professionals.

One of the most commonly known and generally upheld laws is the Fair Housing Act. This Act, by law, makes it illegal for a landlord to deny anyone housing based simply on their color, disability, family status, national origin, race, religion, or sex.

In addition, a portion of this Act directly relates to accommodating persons with disabilities. This may include allowing service animals, where no pets are generally allowed; providing assigned “handicap” parking spaces in a lot that is typically first-come, first-served; and other accommodations to make it easier for a person with disabilities to function.

Rentals must be fully habitable and must meet health and housing codes. This means they must be sanitary, structurally sound, include electricity, heat and water, and be weatherproofed to protect the tenant from outside elements.

In the same way, landlords are expected to perform maintenance and repairs on rentals as needed. If the landlord is unable to do so, they must add a provision to the tenant’s lease that allows the tenant to have repairs made as needed and deduct the cost of those repairs from the rent.

In the case of a tenant breaking a lease, many states require a landlord to begin looking for a new renter right away in an effort to avoid charging a vacating tenant for the remaining months on a lease. If a new tenant is found, the landlord may often charge the vacating tenant only for the months the rental was vacant.

As a landlord, you are not allowed to make a tenant’s life miserable in an effort to get the tenant to move out. This could be called “constructive eviction” and could result in legal action against you as a landlord.

It’s typically unlawful to enter a tenant’s premises without a minimum 24 hour notice. And most often, it’s only legal to enter the premises in an emergency or to make needed repairs.

While these are only some of the many laws that apply to tenant-landlord relationships, knowing these statutes can help alleviate some potential problems you might encounter as a landlord. The more you know and the better prepared you are to deal with any rental issues that arise, the less stressful your job as a landlord will be, and the more enjoyable your professional as a real estate investor as well.