Rights & Responsibilities of Tenants
Even though most issues that occur between a landlord and tenant could be resolved when both parties work together, it’s important to understand your rights as a tenant in case a situation arises that can't be resolved amicably. Along with tenant rights come tenant duties. The U.S. Department of Housing and Urban Development underscores that the best way to learn your rights and duties as a tenant is to examine your lease agreement carefully.
Abiding by the Lease
In the landlord’s perspective, a tenant’s major duty is to comply by the terms of the lease agreement, so paying the rent on time each month, keeping the property clean and maintaining the property in good shape. In addition to the duty for dwelling on the assumptions to pay the landlord rent in return , many leases demand that renters insurance is purchased by tenants. Leases include this clause, since the landlord isn’t responsible for insuring a tenant’s private property. Landlords generally expect tenants to respect their neighbors, keep noise to a minimum and protect against negligent or malicious damage to the premises. In case the tenant or a guest causes damage to the property, it is the tenant’s duty to notify the landlord.
Even the American Bar Association points out that clauses specifically addressing the issue of repairs should be included by tenant rentals. If a tenant contacts the landlord to request repairs, there are lots of options to pursue if the landlord fails to respond. Depending on state and local laws, a tenant may choose to make the necessary repairs hire someone else to make the repairs and then deduct the costs from another monthor two rsquo;therefore rent. A tenant may also call the local building inspector to report that the landlord isn’t making necessary repairs. In most cases, the building inspector can order the landlord to make the repairs, particularly if he’s in violation of local construction enforcement codes. In certain municipalities, a tenant has the right to withhold rent until the landlord makes the repairs. If absence of repairs leads to a tenant getting ill or injured, or in damages to the tenant’s private property, a tenant has the right to sue the landlord for partial refund of previous rent whilst residing in substandard conditions. Sometimes, a tenant might even be able to sue for anxiety and annoyance caused by the conditions.
As stated by the American Bar Association, landlords should follow the legislation for their states when it comes to eviction procedures. A landlord cannot simply evict a tenant on his own by canceling the person’s utilities or locking him out of the house, even if the tenant is behind in paying the rent. The law says that tenants must get appropriate written notice prior to a landlord can terminate the lease for any reason. But as soon as a tenant won’t move out or correct the lease violation, the landlord can file a lawsuit to evict the tenant. In most states, a pay rent or quit notice gives a tenant from three to five days to cover the rent or vacate the premises. A cure or quit notice gives tenants a predetermined period of time to correct a lease violation. Landlords often rely on unconditional quit notices if a tenant has repeatedly violated a clause in the rental, caused serious damage to the property or has frequently not paid the rent in time. In this case, a tenant isn’t granted the opportunity to cover the rent or rectify a violation of the rental.