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5 Things You Should Know About Tenant Rights

Tenant Rights
Know the rights every renter is owed

As a renter, you have more rights than you may realize — though they vary by state. Here are the key tenant protections that hold true everywhere, and how to defend yourself.

If you’re a renter, you may think the power in your relationship starts and ends with your landlord, but that’s not always the case. You have more rights than you may be aware of, but maybe not as many as you’d like. Much of the problem stems from the fact that each state has a wide latitude in regulating leases. A right you had as a tenant in California may or may not be yours in Texas or Florida.

But there are some tenant rights that hold true in every state, and the federal government also has a say in some basic rights. So Billshark will offer these general guidelines, but we also recommend you check with your state’s attorney general’s office for specific laws that apply in your state. Most states provide free PDF copies of guides to tenants’ rights.

1 Fair Housing Access

Thanks to the Fair Housing Act, federal law prohibits landlords from discriminating against prospective renters on the basis of race, nationality, sex, familial status, religion, or disability. This last is often the most violated provision, with the Department of Housing and Urban Development (HUD) reporting that up to 60 percent of complaints about housing discrimination are based in disability claims. (Racial discrimination complaints were second, with 26 percent of complaints stemming from that issue.)

If you have a disability, landlords are required to make reasonable modifications to accommodate you. This is generally held to mean such minor adjustments as allowing you to rent on a lower floor or installing a ramp to assist with wheelchair access. It does not include major remodeling, such as installing an elevator or lowering kitchen counters.

Another area of federal regulation exists in the subject of fair credit reporting. If you are rejected for a rental unit based on a credit report, the landlord is required to say that and to tell you that you’re allowed to submit a written request to learn exactly what the negative report said.

2 Habitable Residence

Every landlord must supply what is known as a “habitable residence.” This doesn’t mean a palace, but at a minimum, the place you rent must be safe to live in. This includes addressing such problems as missing windows or stairs or non-functioning locks. In addition, the unit must have all the utilities working, including plumbing, heat, and electricity. (That doesn’t mean the landlord is required to pay for these things, just that they are in working condition.)

3 Right to Privacy

Except in emergency situations, no landlord has a right to walk into your home unannounced. In most cases, the landlord is required to give 24 hours’ notice before entering the premises for inspection or to make repairs.

4 When Law and Lease Conflict, the Law Wins

Some leases contain a clause that may say, “In cases where this lease conflicts with state law, the lease shall prevail.” No, it doesn’t. Some landlords may actually believe that if you signed a lease which contains such a clause, that makes it enforceable. Others may hope their tenants don’t know any better. Regardless, your state’s law always prevails when it conflicts with the lease.

5 State Laws Vary

As mentioned above, except for these general guidelines, pretty much everything else you might argue with your landlord about varies from state to state. This includes deposits, evictions, and repairs. In general, however, the law tends to favor the landlord. For example, regardless of the problem, you have to pay the rent. You are not allowed to withhold rent payment until the landlord repairs your plumbing, for example.

“The obligation to pay rent is always independent of the landlord’s obligation to fulfill his duties. So if the air conditioning’s not working, the tenant cannot hold the rent back—the tenant will be in breach of the lease, and they can be evicted.” — David Merbaum, a Georgia attorney who handles landlord-tenant cases, told U.S. News and World Report.

6 How to Protect Yourself

There’s only one sure way to protect yourself in a tenant-landlord dispute, and that is to document everything. Write down the day and time you speak with your landlord or his representatives about any issues, as well as what you said and what was promised to you. Better still, conduct all landlord-tenant communication through email, and save the emails.

In cases where you’re having real problems, it’s worth consulting a lawyer. Don’t try to guess what your rights are in your particular state.

Often, landlords tend to be strict and/or jaded, because they’ve been burned so many times by bad tenants. But it’s important to know that you don’t surrender all your rights just so you can have a place to live.

And if you need a little boost to your budget, whether to make a rental down payment or just for little extras, let Billshark lower your bills. We save people hundreds of thousands of dollars every day! You can be one of them.

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Frequently Asked Questions

What does the Fair Housing Act protect renters from?

The Fair Housing Act prohibits landlords from discriminating against prospective renters on the basis of race, nationality, sex, familial status, religion, or disability. According to HUD, disability is the most violated provision, accounting for up to 60 percent of housing discrimination complaints, with racial discrimination second at 26 percent.

What is a habitable residence?

A habitable residence doesn’t mean a palace, but at a minimum the place you rent must be safe to live in. That includes fixing problems like missing windows or stairs and non-functioning locks, plus having all utilities—plumbing, heat, and electricity—in working condition. It does not mean the landlord must pay for those utilities, only that they function.

Can a landlord enter my rental without notice?

Except in emergency situations, no landlord has a right to walk into your home unannounced. In most cases, the landlord is required to give 24 hours’ notice before entering the premises for an inspection or to make repairs.

Can a lease override state law?

No. Some leases include a clause saying the lease prevails where it conflicts with state law, but that is not enforceable. Some landlords believe such a clause works because you signed it, and others hope tenants don’t know better. Regardless, your state’s law always prevails when it conflicts with the lease.

Can I withhold rent if my landlord won’t make repairs?

No. The law tends to favor the landlord, and your obligation to pay rent is independent of the landlord’s duty to make repairs. You cannot withhold rent until the landlord fixes a problem like plumbing or air conditioning—doing so puts you in breach of the lease and you can be evicted.

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5 Things You Should Know About Tenant Rights is a Billshark page. It can help you with your bills and your choices, and it can show you how to save.

Know your tenant rights: fair housing, a habitable home, privacy, and why state law beats your lease. Learn the 5 renter protections and protect yourself.

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We laid out this page to help you get the facts and compare them. You can then choose your next step with ease. It is free to read. Keep this page handy.

As a renter, you have more rights than you may realize — though they vary by state.

If you’re a renter, you may think the power in your relationship starts and ends with your landlord, but that’s not always the case.

But there are some tenant rights that hold true in every state, and the federal government also has a say in some basic rights.

Thanks to the Fair Housing Act, federal law prohibits landlords from discriminating against prospective renters on the basis of race, nationality, sex, familial status, religion, or disability.

If you have a disability, landlords are required to make reasonable modifications to accommodate you.

Another area of federal regulation exists in the subject of fair credit reporting.

Every landlord must supply what is known as a “habitable residence.”.

Except in emergency situations, no landlord has a right to walk into your home unannounced.

Some leases contain a clause that may say, “In cases where this lease conflicts with state law, the lease shall prevail.”.

As mentioned above, except for these general guidelines, pretty much everything else you might argue with your landlord about varies from state to state.

There’s only one sure way to protect yourself in a tenant-landlord dispute, and that is to document everything.

In cases where you’re having real problems, it’s worth consulting a lawyer.

Often, landlords tend to be strict and/or jaded, because they’ve been burned so many times by bad tenants.

And if you need a little boost to your budget, whether to make a rental down payment or just for little extras, let Billshark lower your bills .

The Fair Housing Act prohibits landlords from discriminating against prospective renters on the basis of race, nationality, sex, familial status, religion, or disability.

A habitable residence doesn’t mean a palace, but at a minimum the place you rent must be safe to live in.

No.

Billshark negotiates your bills for you — no savings, no fee.

Billshark helps lower internet, wireless, cable, satellite radio, and other monthly bills.

Our experts handle providers for customers and share updates throughout the process.

Customers pay only when Billshark finds savings on eligible bills.

1 Fair Housing Access.

2 Habitable Residence.

4 When Law and Lease Conflict, the Law Wins.

6 How to Protect Yourself.

Frequently Asked Questions.

What does the Fair Housing Act protect renters from?.

What is a habitable residence?.

Can a landlord enter my rental without notice?.

Can a lease override state law?.

Can I withhold rent if my landlord won’t make repairs?.

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