• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    • Business Formation
      • LLC Operating Agreement
      • Articles of Incorporation
      • Shareholder Agreement
      • Partnership Agreement
      • Business Purchase Agreement
      • Joint Venture Agreement
      • Single-Member LLC Operating Agreement
    • Business Operations
      • Letter of Intent
      • Non-Disclosure Agreement (NDA)
      • Non-Compete Agreement
      • Invoice Template
      • Purchase Order
      • Hold Harmless Agreement
      • Release of Liability Form (Waiver)
      • Buy-Sell Agreement
      • Construction Contract
      • Licensing Agreement
    • Employment
      • Independent Contractor Agreement
      • Employment Contract
      • Freelance Contract
      • Leave of Absence Letter
      • Leave of Absence Agreement
    • Cease and Desist Letter
      • Copyright Infringement
      • Debt Collection
      • Defamation
      • Harassment
      • Trademark Infringement
  • Real Estate Forms
    • Lease Agreements
      • Lease/Rental Agreement
      • Sublease Agreement
      • Room Rental Agreement
      • Month-to-Month Lease Agreement
      • Commercial Lease Agreement
      • Short Term Lease Agreement
      • Land Lease Agreement
      • Lease Renewal Agreement
      • Lease Amendment
    • Lease Termination Letter
      • Eviction Notice
      • Notice to Vacate
      • Early Lease Termination Letter
      • Late Rent Notice
    • Deeds & Property
      • Warranty Deed
      • Mortgage Deed
      • Quitclaim Deed
      • Deed of Trust
      • Mechanic’s Lien
      • Property Management Agreement
    • Rental Application
    • Real Estate Purchase Agreement
    • Employment Verification Letter
  • Estate Planning Forms
    • Power of Attorney
      • Medical Power of Attorney
      • Durable Power of Attorney
      • Revocation of Power of Attorney
    • Wills
      • Living Will
      • Last Will and Testament
      • Codicil to Will
    • Advance Directive
    • Living Trust
    • DNR Form
  • Finance Forms
    • Loans
      • Promissory Note
      • Loan Agreement
      • IOU
      • Demand For Payment Letter
    • Bill of Sale
      • Vehicle Bill of Sale
      • Boat Bill of Sale
      • Firearm Bill of Sale
      • Horse Bill of Sale
      • Trailer Bill of Sale
    • Sales & Purchases
      • Sales Agreement
      • Purchase Agreement
      • Gift Affidavit
      • Stock Purchase Agreement
  • Personal/Family Forms
    • Affidavits
      • Affidavit of Death
      • Affidavit of Domicile
      • Affidavit of Heirship
      • Affidavit of Identity
      • Affidavit of Residence
      • Affidavit of Service
      • Affidavit of Title
      • Financial Affidavit
      • Gift Affidavit
      • Small Estate Affidavit
    • Marriage
      • Divorce Agreement
      • Prenuptial Agreement
      • Cohabitation Agreement
      • Separation Agreement
      • Postnuptial Agreement
    • Child & Pet Forms
      • Child Medical Consent
      • Child Travel Consent Form
      • Child Custody Agreement
      • Pet Care Agreement
    • Medical Records Release Form
  • Resources
    • Legal Dictionary
    • All Legal Documents
    • Article Categories
      • Business
      • Estate Planning
      • Financial
      • Personal & Family
      • Real Estate
  • Help
    • Email Us
    • Contact Us
    • About Us
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out
  • Help
    • Contact Us
    • Email Us
    • About Us
    • (855) 335-9779 Monday-Friday, 10AM - 6PM EDT
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out

Home Resources Real Estate Tenants’ Rights: What Are My Rights as a Renter?

Tenants’ Rights: What Are My Rights as a Renter?

Governed by state and federal law, tenants’ rights are a series of non-negotiable landlord-tenant codes that spell out your rights to a safe and functional living space.

The Legal Templates Team

Published October 8, 2020 | Written by The Legal Templates Team

A Couple Worried About their Renter's Rights

With renting being the new normal, it’s important that tenants know their rights and legal responsibilities so that they are able to handle disputes with landlords and ensure that they receive fair treatment.

This article explains six fundamental rights that every tenant should know.

1. Right to Protection Against Housing Discrimination

The Fair Housing Act (FHA) prohibits housing discrimination, ensuring fair treatment and equal housing opportunity throughout the United States (US). Under this federal law, a potential tenant’s rental application cannot be refused based on any of the following:

  • Race
  • Nationality
  • Sex
  • Familial status
  • Religion
  • Disability

The FHA also safeguards disabled renters’ rights to special assistance and removal of barriers to physical access within their rental accommodation.

2. Right to Quiet Enjoyment

Quiet enjoyment is a tenant’s right to possess and use their rental accommodation without any interference from their landlord.

tenants right to quiet enjoyment
Tenants can protect their right to a peaceful accommodation by including an implied covenant of quiet enjoyment in their lease agreement.

A malfunctioning smoke alarm, persisting pest infestation issues, unannounced property inspections, and maintenance work continuing past the proposed deadline are all examples of violations of this tenant right.

However, scheduled repair works, sounds of the surrounding natural habitat, phone calls and summons to inquire about overdue rent, and announced routine inspections are acceptable disturbances that do not constitute a legal nuisance.

3. Right to a Habitable Residence

Maintaining the leased premises in a habitable condition is one of the most important obligations of a landlord. The landlord is responsible for providing a rental that meets basic habitable residence requirements, such as:

  • Compliance with safety regulations
  • Functional and reliable electrical, heating, and water systems
  • Protection from foreseeable criminal activity
  • Preventative measures against environmental hazards
tenants right to a habitable residence
Landlords are legally required to ensure that their rental properties are habitable.

In the event of a landlord failing to meet habitable residence requirements and refusing to make the necessary repairs, the tenant can take action by:

  • Withholding rent payment
  • Making repairs and deducting the cost from the rent
  • Breaching the lease agreement and moving out of the rental
  • Taking legal action against the landlord

However, there is a fine line between normal wear and tear, excessive damage, and damage (other than normal wear and tear) caused by the tenant.

With a malfunctioning heating system as the example, let’s look at what constitutes normal wear and tear, damage, and excessive damage:

1. Inefficient heating of your unit due to a deteriorating heating system.

This is an example of normal wear and tear. Mechanical components have a limited lifespan, and it is the landlord’s responsibility to replace an overworked heating system with a new one.

2. Inefficient heating of your unit due to heater broken intentionally or accidentally by the tenant.

A heater broken due to the tenant’s actions is a negligent damage issue that is the tenant’s responsibility. The tenant must pay for the repairs, and if they fail to do so, the landlord can deduct repair costs from the security deposit.

3. Inefficient heating of your unit due to a faulty heater

Your landlord is obligated to ensure that the leased unit has a functioning heating system. A defective heater is an excessive damage issue with the repair work being the landlord’s responsibility.

A comprehensive lease agreement can resolve these complicated unit repair issues by categorizing repairs into normal wear and tear, negligent damage, and excessive damage. The agreement can assign the repair work responsibilities accordingly.

4. Rights Involving Rent Increases

Rent control laws are regulations that set price ceilings on the amount that a landlord can demand for leasing their property to a tenant.

At the state level, rent control laws are not common, with 37 states forbidding the enacting of rental control measures.

For states without rent control, landlords have the right to increase rent by any amount. If you’re a tenant housed under a leased rental agreement, your landlord cannot increase the rent until either the end of the lease period or as dictated in the agreement.

Under month-to-month lease agreements, the landlord can raise the rent by providing a prior notice for rent increase. Notice for rent increase varies across states, with most states allowing 30 days.

5. Rights in the Event of Eviction

If a tenant fails to comply with the lease agreement, such as on-property pet restrictions or failure to pay rent on time, the landlord can start the eviction process.

tenants rights in the event of eviction
Landlords pursuing evictions must follow state eviction laws.

The eviction process includes the serving of an eviction notice, which details the notice period within which tenants must vacate the rental. Landlords are required to first file this notice with the local court before ordering eviction from their property.

Tenants have the right to protest against the notice in the court, and are not required to vacate the rental before the conclusion of the eviction proceedings.

Eviction laws vary widely across the states. Some states allow tenants the right to remedy a rental agreement violation within a set deadline, while other states allow landlords to pursue eviction regardless of the correction of lease violation(s).

6. Right to Your Security Deposit

Under most state landlord-tenant laws, landlords must return the security deposit within 30 days of lease termination. Unless the landlord deducts damage costs and unpaid rent from the deposit, the deposit must be returned in full.

If your landlord does not refund you your security deposit, or fails to provide a list of deductions upon returning a deducted deposit, you have the right to claim the deposit by taking legal action against the landlord.

You can avoid court proceedings by entering terms mandating the return of the deposit in your rental agreement.

Conclusion

Housing trends have evolved largely over the past decade, with more states now reporting a renter majority over a homeowner majority.

To successfully assert your renters’ rights, it is crucial that you are knowledgeable about state laws and how they guarantee your right to a habitable residence and fair treatment. Knowing your rights as a tenant along with an in-depth understanding of your rental agreement are essential for a healthy landlord-tenant relationship.

The Legal Templates Team

The Legal Templates Team

Staff Writers

The Legal Templates team is a dedicated group of legal counsel, product specialists, and staff writers, who tirelessly work together to provide users the information they need about commonly used...

Related Articles

  • Everything You Should Know Before Renting a Room in a House
  • How to Spot a Rental Scam
  • 6 Ways a Renter Can Show Proof of Income & How Landlords Use It
  • Who should pay and manage the utilities: The landlord or the tenant?
  • The Landlord-Tenant’s Guide to Normal Wear and Tear

In This Article

  • Right to Protection Against Housing Discrimination
  • Right to Quiet Enjoyment
  • Right to a Habitable Residence
  • Rights Involving Rent Increases
  • Rights in the Event of Eviction
  • Right to Your Security Deposit

Legal Documents

  • All Legal Forms
  • Bill of Sale Forms
  • Quitclaim Deed
  • Cease and Desist
  • Last Will and Testament
  • Articles of Incorporation

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Legal Dictionary
  • Business
  • Estate Planning
  • Financial
  • Personal & Family
  • Real Estate

Company

  • Home
  • Pricing
  • Blog
  • About Us
  • Contact Us
  • Partner With Us

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
  • Cookie Preferences
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 10AM - 6PM EDT

Facebook Twitter LinkedIn

Copyright 2021 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use.

Thank you for downloading one of our free legal templates!

Leave us a review?

We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer.

If you have a moment, a review would mean the world to us (it only takes about 15 seconds).

Thanks again, and good luck!

Leave My Review