What Are a Tenants Basic Legal Rights
If you are allowed to have a pet, this must be indicated in the rental agreement. Owners can legally charge an additional “security deposit” for pets to pay for any damage caused by a pet, such as carpet stains or scratched doors. When you rent an apartment, a house, a condominium, you have many rights that you may not be aware of, which govern your housing, your use and the responsibilities of your landlord. It`s also illegal for your landlord to take revenge on you (increase your rent, evict you, or refuse to take care of the home) simply because you`re doing what`s within your rights. You can go to a small claims court to assert your rights. If your landlord files a lawsuit against you, you need to have notice, time to respond, time to correct what they`re complaining about, and a chance to defend yourself in court. You have the right to appeal any court decision at any time. Unless the animal can be considered a “service animal” used by people who are blind, deaf or disabled, it is at the discretion of the building owner if pets are allowed and is usually specified in the rental agreement. If a tenant keeps a pet in the apartment without the permission of the owner of the building, this can be considered a serious breach of the lease and can serve as a basis for terminating the lease.
In addition, many animals in New York City cannot be legally kept as pets. For more information on pet regulations, call 311. Under the Federal Fair Housing Act, landlords cannot discriminate against current or potential tenants based on their race, gender, marital status, religion, ethnicity, national origin or disability. This includes advertising that excludes any of these protected features. Some states extend this protection to other classes, including LGBTQ people. If you think you need legal advice, call your lawyer. If you don`t have a lawyer, call the Florida Bar Lawyer Referral Service at 800-342-8011 or contact a local attorney referral service or legal consulting firm. The fundamental rights and obligations mentioned here apply regardless of whether the agreement between the landlord and the tenant is in writing or not. A written agreement is preferable because it serves as a memorandum to other terms, such as .B. Restrictions on the number of adults or children or types of pets that may be allowed.
And if you want to provide rental terms of one year or more, the agreement must be in writing to be enforceable. While limited-income tenants often have few housing options and are willing to live with certain issues, a tenant`s rights are non-negotiable. However, the first step to protecting your rights is to understand what those rights are. Below is an overview of tenants` rights with links to the corresponding FindLaw articles. If you believe or suspect that you will be locked out of your apartment, you must be prepared with the necessary documents to determine that you are the lawful resident of the apartment. Therefore, you may want to leave copies of the papers you have that prove your occupation with a friend or relative who does not live in the apartment. You must also take the documents with you when you leave your home so that you can prove to the police department and/or the court that you are the legal resident. The guide provides information on the rights and obligations of landlords and tenants, staying safely in your apartment, resources for new affordable housing or rent assistance, and useful contact information for other housing-related issues.
Your rights as a tenant include the right to “silent enjoyment,” a legal term. This means that your landlord cannot evict you without reason or otherwise interfere with your right to live in peace. It is important to know your rights as well as your legal responsibilities if you have a dispute with your landlord. If you have a specific question or need legal counsel for a lawsuit related to your tenancy, you should speak to an experienced landlord-tenant lawyer in your area today. The Fair Housing Act prevents landlords from discriminating against tenants. Find self-help legal aid through links to various resources on housing discrimination. To protect your rights as an apartment tenant, read your lease carefully to understand what you agree with. Take pictures before moving in to show the status of the device.
Tenant`s insurance helps protect your personal belongings from theft and damage. Most landlords require tenants to pay a deposit when signing the lease, which is then returned to the tenant after the rental period expires (minus the money required for repairs, cleaning, or unpaid rent). But most states have laws that set limits on how much a security deposit a landlord can charge and how quickly it must be repaid at the end of the lease. Keep in mind that tenants may have to pay an additional pet deposit or other factors that are considered liabilities. If the tenant moves permanently before the end of the rental period and leaves the property empty, this is generally considered an abandonment of the tenant`s rights. .