The Rights and Responsibilities of Tenants

Entering into a lease agreement is legally binding. When you sign your lease agreement, you promise to adhere to all its terms and conditions. If you do not do that, the property owner could take you to court, and you may be responsible for any losses incurred.

However, you also have rights. While you must maintain the property and follow the terms of your agreement, the property owner or management company is also directly responsible for meeting their end of the agreement. What are those rules? They could differ from one lease agreement to another. You must read through your lease to understand all the terms, including all rights and responsibilities.

Tenant Rights

Tenant rights are those obligations the property owner or manager has to the tenant. There will be specific details about your rights within your lease, some of which are detailed below. Also, note that most states and cities have very specific rules in place that govern these rights. These are on top of all the anti-discrimination rules in place.

Many of these rules fall under the Fair Housing Act, a federal law that helps to provide renters from unsafe or unfair living conditions.

Right to Privacy

You have the right to privacy. That means a property owner or manager cannot simply unlock your door and walk into your property. They also cannot demand you tell them what you are doing at any given time. You also need to be alerted to any cameras that are in place monitoring the property, such as on the exterior doors.

Right Against Unlawful Discrimination

The Fair Housing Act creates definite rules about discrimination. A landlord cannot discriminate against a person for any reason, including based on the following:

  • Race
  • Sex
  • Religion
  • Disability
  • National origin
  • Pregnancy
  • Or having children under the age of 18

That means they cannot make rental, pricing, lease termination, or any other decisions based on these protected areas.

Right to Repairs

Your lease will outline the steps that you need to take to obtain help for repairs. However, most states require that property owners ensure their property is well maintained, which means that if there are problems that put your health or safety at risk, the property owner must make repairs to them in a timely manner.

Your contract should outline the details of that timeline and process. If you're unsure, ask questions about this. You will likely need repairs at some point, and you should know your rights to get those repairs made promptly.

Right to Security Deposit Return

The lease agreement may stipulate that you pay a security deposit, a specific sum, at the time of signing. Landlords typically place security deposits into a separate account, and this amount serves as a safeguard against potential damages or unmet obligations. If you meet the specified requirements, such as leaving the property in good condition, you have the right to request the return of the security deposit.

Many states set a limit on the amount of the security deposit, dictate how landlords must maintain it during the lease, and define when they can use it or must return it. If your landlord withholds the security deposit, you are entitled to receive a written explanation detailing the reasons for not returning it.

Tenant Responsibilities

In addition to your rights, you also have a responsibility as a tenant for rules you agree to follow by signing the lease. Again, these should be spelled out clearly in the lease agreement, but it is up to you to understand them if you sign that document.

Paying Rent on Time

The lease contract will spell out how much you must pay, how to pay it, and what costs you may incur if you do not pay your rent on time. You are responsible for ensuring that the landlord receives your rental payment and that it meets all contractual fees and requirements.

Maintaining the Property

You must maintain the property as agreed in the contract. Typically that means:

  • Ensuring you keep it clean and sanitary.
  • Removing all trash from the location.
  • Minimizing any risks to others, like clutter that leads to falling risks.
  • Reporting any broken components to request repairs on them.
  • Meeting all requirements for pest control.
  • Reporting any significant damage or health emergencies, like floods or fires.

Be sure you understand the process of getting repairs, too. That should include who to call when there is a problem and what timeline you can expect for those repairs. You may be required to pay for those repairs if they exceed normal wear and tear or if you caused the damage.

Adhering to Lease Terms

You have the responsibility of adhering to all components of the lease terms. That includes:

  • Reading and understanding the lease terms.
  • Following all requirements for acting, treating others, or using the property.
  • Ensuring you do not engage in any restricted activities on the property, such as subletting or using it for illegal reasons.

In many situations, you are responsible for using the facility with great care, treating the property as if it were your own.

Respect for Neighbors

In properties where you share the space with other people, your lease may put in place precise rules about how you interact and treat your neighbors. That may include ensuring you keep shared spaces clean and safe, minimize noise, and ensure that they do not feel abused or discriminated against.

Notice of Termination

Your lease will contain a termination clause that outlines specific details about ending the lease. It typically includes:

  • The duration of the lease.
  • The notice you must give to move out.
  • Any costs or penalties for terminating the lease early.
  • The landlord's rights regarding refusal to renew the lease.

The termination clause may also enumerate specific reasons why the landlord may evict you, such as nonpayment of rent, inadequate care of the property, or disruptive behavior towards neighbors. Additionally, this section will detail the steps the landlord is required to take in such situations.

Navigating Disputes

Many people will find their relationship with their landlord is good. However, disputes can arise. For some, it may be a disagreement with a neighborhood over noise, smells, interactions, or communication. For others, there may be a dispute about rental fees or discrimination.

Your lease agreement will outline a process for dealing with disputes. It will include the requirements of receiving notice, the steps to resolving the dispute, and possible consequences.

Takeaways

  • A lease agreement is a legally binding contract you must enter with a complete understanding of your rights and responsibilities.
  • The lease will outline your specific requirements for adhering to the lease and what happens if you do not.
  • Your lease should also include all your rights, which the landlord must uphold.
  • If you are unsure about any lease component, discuss it with your landlord before you sign the contract.
Making Housing Decisions | Renting