Tenant Associations and Rights

Tenant associations can give renters protection and power. However, to be effective, they must work effectively and adhere to all relevant laws, regulations, and policies. This article answers frequently asked questions about tenant associations, their rights, and how they can best work together to improve living conditions.   

While this article answers basic questions, the best resource for specific questions about your living situation is a local and experienced tenant rights lawyer.

What Is a Tenant Association and What Does It Do? 

A tenant association is an organization consisting of renters living in the same building or multifamily complex. The tenant association’s members meet regularly, address issues of concern to the apartment building, and advocate for their common interests.

A tenant association functions as a unified voice to bring the problems to the landlord’s or property manager’s attention, address apartment-wide concerns, and sometimes even engage in community projects. The association also ensures that the landlord listens to tenant’s complaints and concerns. 

How Do I Start a Tenant Association in My Building? 

Starting a tenant association involves several steps: 

• Talk to your neighbors: Discuss the idea with other tenants to gauge their interest, whether anyone has tried to create a tenant association before, and identify some goals for the tenant association. 
• Organize a meeting:  Schedule and invite all tenants to an introductory meeting to discuss objectives, concerns, and potential actions. Choose a convenient time and place for as many people as possible.
• Set up bylaws and leadership: Elect officers and draft bylaws that outline the rules and procedures for the tenant association. A landlord-tenant lawyer will be able to help you with this. Set up protocols for decision-making.
• Talk to your landlord:  Introduce your association and the elected officials to your landlord. A friendly meeting will set the tone for future negotiations. You know your landlord, so pick someone who can communicate effectively with them.

What Are My Rights as a Tenant in an Apartment Building? 

Tenant rights vary by location, but every tenant has the right to a safe and habitable apartment. Tenants also have the right to organize and join tenant associations without fear of retaliation from their landlord, property manager, or management company.  

Can My Landlord Retaliate Against Me for Forming a Tenant Association? 

It is illegal for landlords to retaliate against tenants for organizing or joining a tenant association. Retaliation can include unjustified eviction, rent increases, refusal to return security deposit, or eliminating services. If you believe your landlord is retaliating against you, document their behavior and contact a landlord-tenant lawyer. 

How Can a Tenant Association Negotiate With My Landlord? 

Negotiating with the landlord or property manager is a key function of tenant associations. It is much harder to say no to a whole group of tenants than just one tenant. Here are some tips: 

• Prepare together: The tenant association should identify what they want from the landlord. Then, everyone should gather all relevant information to present their best case. This information could include lease agreements, records of maintenance requests, and any communication with the landlord. Exchange contact information.
• Set clear and realistic goals: Establish what the association wants. This may require prioritizing between repairs, policy changes, building improvements, or anything else the association thinks relevant.
• Choose the right negotiator: Elect or choose members who are well-spoken, reasonable, and knowledgeable to negotiate with the landlord. Collective action often depends on the messenger.
• Be professional: Approach your landlord respectfully, clearly, and professionally. Present your requests and supporting evidence. 

What Are Some Common Issues That Tenant Associations Address? 

Tenant associations often address many issues. A tenant association can identify anything essential and discuss it with the landlord.  Common issues include: 

• Identifying and addressing maintenance and repair issues
• Improving security
• Limiting rent increases
• Modifying lease terms
• Improving common areas
• Starting social and community activities
• Addressing neighborhood concerns

What Resources Are Available To Help Tenant Associations? 

Several resources can support tenant associations. Some legal aid organizations often offer free or low-cost services to tenant groups. Government agencies may also provide guidelines, mediation services, and other forms of assistance. Some websites and online forums offer information on organizing, legal rights, and strategies for effective advocacy. 

How Can I Get Involved in My Existing Tenant Association? 

If your building has an existing tenant association, apartment association, or tenant organization, you should attend meetings, offer to help with ongoing projects, or run for a leadership position. As a tenant, you have a right to be a member and contribute your skills to the association.

Whether you’re a long-standing resident or brand new to your building, understanding and participating in a tenant association can significantly affect your living situation. Laws governing the creation and rights of tenant associations vary by state, county, and city.

Experienced lawyers answer your questions, help establish an influential tenant association, create necessary documents, and be there should you ever need legal representation. If you have any questions, consult a local tenant’s rights attorney.