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Your Rights as a Tenant
You have a right to privacy. Your landlord cannot come into your apartment or house without prior permission unless there is a true emergency like a fire or a flood in the bathroom.
The landlord must give you advance notice before coming into your apartment for other reasons, like making repairs or showing the unit to a potential tenant. Some states have laws that regulate these entries and set forth rules on how much advance notice the landlord must give, and whether the landlord must tell you what time he or she will enter and why.
Your landlord cannot require a deposit that exceeds a limit set by your state's law. Not all states have an upper limit, however. Also, the statute may allow different limits depending on your age (a lower limit for senior citizens, for example), whether you have a pet or waterbed, the length of your lease, or other factors.
A landlord must treat tenants equally on deposit requirements. If you are required to provide a larger deposit than one of your neighbors, you have the right to know why.
In many states the landlord must return the deposit to you at the end of the lease term with interest set by a statute.
Many states also have a statute stating how much time a landlord may take to return your deposit after you move out (usually thirty days).
If the entire deposit is not returned, your landlord must send you an itemized list of how the money was spent. Common conditions that lead to reduced deposit refunds include:
- Repairs to damages on the premises beyond mere wear and tear
- Cleaning to restore the premises to the condition they were in at the beginning of your lease (beyond normal wear and tear)
- Unpaid rent
Tip: Take pictures of the apartment when you first move in, especially areas that may be damaged already, and take the same picture when you move out. Save the receipts for developing the film so you know which is which and can establish the date on which you took the pictures. Or make videotape.
You have several legal rights if your landlord takes action against you for nonpayment of rent or a breach of the lease. Generally, your rights relate to having proper notice of the proceedings against you, a chance to make good on the unpaid rent or to repair your breach of the lease, and rights to appeal. If you are worried that you may be evicted, you may want to discuss the situation with a lawyer or a local tenants' association.
You also have a right to take legal action against your landlord for breach of contract if he or she breaches the lease, fails to return your deposit, takes unwarranted deductions from your deposit, or fails to make repairs. Before proceeding, you will want to discuss your options with a lawyer.
FAQs
- Does the negotiation process give the prospective tenant some indications of whether the landlord will keep his or her promises?
- Does the URLTA favor tenants over landlords?
- What is the Uniform Residential Landlord and Tenant Act?
- What information can I find about my landlord on the public record?
- How can tenants choose a good landlord?
Tenants' Rights Forms
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