What Are My Rights As a Tenant?

As a tenant, you may be intimidated when disagreeing with your landlord. You may have a problem with terms in your rental agreement but are hesitant to assert your tenancy rights.

Federal law and state laws provide many protections for tenants. Even if you are behind in your rent and the landlord wants you out of your rental property, you may have a defense against eviction. There may be other options besides just moving out or paying what the property owner says you owe.

Landlord-tenant laws can vary depending on where you live. If you want to know more about your legal options, talk to a lawyer experienced in tenant rights.

Know Your Rights: What Rights Do Renters Have?

To protect your rights, you have to know what they are. Your written lease may have additional protections and landlord responsibilities. Here are some legal rights that renters are entitled to:

• A habitable, clean, sanitary, safe space free of hazards and defects that complies with health codes.
• Habitability of the rental property, or a landlord that makes necessary repairs when requested.
• Freedom from housing discrimination based on a protected class, including race, religion, age, sex, sexual orientation, family status, national origin, and other classes under the Fair Housing Act.
• Protection from retaliation by eviction, utility shutdown, rent increase, or other action intended to challenge the lawful exercise of your rights.
• When applying for housing, the opportunity to view rental units and associated premises that are for rent.

What Happens If I Leave Some Of My Belongings Behind When I Move Out?

Personal property is generally considered abandoned when tenants leave their belongings in the unit after the lease ends. Unless a prior written agreement is made between the tenant and the property management, the landlord can deal with it as they choose.

In most cases, when property is left in the unit and abandoned, the landlord may remove the items and either store them or dispose of them. The landlord should provide reasonable notice to the tenant that the property has been left in the unit. That way, the tenant has a chance to reclaim the property. State landlord-tenant laws may vary regarding how long a landlord may be required to store property before throwing it away.

Can My Landlord Keep My Entire Security Deposit?

The security deposit is meant to cover costs to the landlord when a tenant vacates the property. After a tenant moves out, the landlord may be able to use security deposit funds for:

• Unpaid rent or fees
• Cleaning costs
• Repairs for damage beyond normal wear and tear
• Pay storage costs if a tenant leaves belongings behind

The landlord has a reasonable time, usually between 21 and 30 days, to send the tenant whatever remains of the security deposit after paying for the items above. If the landlord fails to return the security deposit on unreasonable grounds, you may want to take legal action in small claims court.

If your landlord keeps the deposit, they must provide an itemized list describing all deductions. The landlord must also send the refund to the tenant’s last known address or the tenant’s new address. It is the tenant’s responsibility to provide a valid address. If the landlord attempts to send the refund and it is returned by the postal service, they may lawfully be allowed to keep the refund after a specific period.

Many states limit the number of months in rent or security deposit the landlord can demand. However, the landlord may require a deposit up to the mandated limits.

What Happens If You Have a Dispute With the Landlord?

If you have a dispute with the landlord over the lease agreement or property conditions, take legal action. For minor issues, you can file a case in small claims court. But suppose your landlord raises your monthly rent without notice? When your renter rights violations involve more money or your civil rights, talk to an attorney.

A local landlord-tenant lawyer can give you legal advice about the state and any local laws protecting tenant’s rights.