A tenant should know his / her legal rights when moving in to a new rental apartment or unit. He / she should also be aware that housing discrimination is illegal. Any andlord who treats a rental applicant differently on the basis of race, colour, religion, national origin, sex, age, handicap, marital status, sexual orientation, or family status can be held accountable for such discriminatory behaviour. For more information on the subject, your local human rights commission or tenants’ union can be contacted.

And, if one is going to be sharing the place with a or more roommates, then it is a good idea to have a written agreement explicitly detailing how rent and utilities will be split, including house rules if any, relating to pets, smoking, drug use, late hours, overnight guests, etc.

Landlords on their part, should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, creening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

A tenant should be smart enough to protect his / her legal rights at move-in time, thereby saving the landlord and himself / herself considerable headaches, later on.

If, you are on the look out for a rental unit, pros and cons must be weighed carefully, while considering the following:

1. Utility costs and who will be responsible for paying them.
2. Whether, the rental unit comes equipped with appliances.
3. Whether, the basement rooms are dry and damp-free.
4. Whether, the rental unit has sufficient outlets for computers and electronic equipment.
5. Whether, doors and windows come equipped with security features e.g. deadbolts and locks.
6. Whether, bedrooms have smoke detectors in each of them.
7. Whether, pets are allowed or not.
8. Whether, repairs need to be made to the place before you move in.

If, you have the time, it would be a good idea to check the place out at different times of day and night, as this will give you a fair idea on how congested and noisy the neighbourhood can get. As well, get your potential landlord to show any references past tenants may have given him / her, including a call to the local tenants’ union, which could prove helpful.

Landlords on their part, should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

Federal laws have made provisions, whereby any individual who feels he / she has been the victim of landlord discrimination, can contact the local Human Rights Commission or Tenants’ Union for more information on how to deal with it. As well, a federal complaint can be filed with the local office of the U.S. Department of Housing and Urban Development (HUD), and the office of the state’s Attorney General. The phone numbers for both are to be found in the government section of any local phone book, while complaint forms are available online, or at the HUD offices, where they can be filled out and handed in.

A federal discrimination complaint should be filed within a year of the discriminatory act. It is the duty of the HUD to investigate the complaint within 100-days of the filing, and decide whether it should get an administrative hearing.

The process will involve the HUD getting a mediator to work with the complainant and the landlord to bring about conciliation, with the aim of settling the dispute. If, no settlement is reached, an administrative hearing arranged by HUD is the next step. As well, a victim of discrimination has the option of filing a lawsuit in either the federal or the state court, which must be done within two years of the discriminatory incident taking place.

It may be difficult to prove in court that discrimination was for personal reasons, but if the victim wins, then he / she is likely to receive damages, including higher rent paid as a consequence of bring discriminated against. However, bear in mind that the damages will not cover the cost of bringing the case to court. Lawsuits in the long run, not only prove to be expensive, but are often a losing proposition, as well.

Nonetheless, even if the victim decides not to go to court, what is important is to bring to the landlord’s notice that such behaviour is not only illegal, but should not be repeated, ever again.

The Federal Government has put forth many laws that protect the disabled, whether they are suffering from physical or mental disabilities, from the discriminatory behaviour on the part of landlords. They prevent landlords from asking questions about a potential tenant’s handicap or disability or even to demand proof of it. Landlords are only allowed to screen disabled applicants, with regard to their financial position and other criteria applied to non-disabled potential tenants.

If, a disabled tenant requires a ramp for wheelchair access, accessible car parking, kitchen modifications, such as, the lowering of countertops or the installation of safer, easily accessible appliances and plumbing, a landlord cannot but accommodate his / her disabled tenant’s requirements, at his / her own expense. A landlord can make easily removable temporary adjustments, to be removed when his / her disabled tenant’s lease ends, without being renewed. Tenant improvements must be approved by the landlord before the tenant moves-in, and he / she is entitled to ask for medical proof, such as, a note from a doctor saying the modifications are a necessary requirement.

Landlords on their part, should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

If, anything breaks down in your apartment and needs to be repaired, a tenant must immediately inform the landlord in writing, giving a clear description of the problem, retaining a copy for his / her records.

Most state laws specify that a landlord is required to carry out repairs within a specified period of time. In case, a landlord fails to respond within the fixed timeframe, despite the rent being paid up, a tenant is entitled to:

1. Vacate his / her rental premises, if the problem poses a threat to health and safety.
2. Carry out repairs, deducting the cost from his / her rent.
3. And, in case a tenant is able to, he / she may repair the damage himself / herself, deducting the cost of supplies and labour from the rent.

State and local laws specify in detail how much can be spent on repairs and what procedure has to be followed to deduct the cost from the rent. However, in certain states, a tenant is permitted to withhold rent, if his / her landlord refuses to carry out repairs. As well, a tenant should take pictures of the problem, for example, photos of an overflowing sewer, broken door or window, cockroaches in the kitchen / bathroom, etc. All these will come in handy as evidence, in the eventuality there is a lawsuit.

As well, the local housing department can be asked to come and inspect the rental premises, so they check out if any local housing or health codes are being violated by your landlord. Any code violations found, will put extra pressure on a landlord to fix the problem on an urgent basis.

A tenant must also remember he / she is responsible for any damage to the rental unit, even if it is caused by guests or roommates. And, if the neighbours are loud, noisy and loathsome, one can while chatting to them politely, make sure they know you would appreciate it, if they could tone down the volume. If, the chat doesn’t do it, get the boys in blue to discuss the issue with them. And, if even that doesn’t do it, talk it over with your landlord, informing him / her of your intention to move out, in case the issue isn’t resolved to your satisfaction. Enlist the help of your neighbours, as most landlords would rather see one troublemaker go, than risk losing several good tenants.

While, it is legitimate for a landlord to reject potential tenants on the basis of a bad credit report, unstable employment history or poor landlord references, it is illegal for him / her to reject any person on the grounds of race, colour, religion, national origin, sex, age, handicap, marital status, sexual orientation, families with children, etc.

The Federal Fair Housing Act expressly forbids landlords from discriminating by:

1. Carefully couching rental advertisements in such a manner, which while not explicit, cleverly convey a preference for particular skin types, religion, race, and so on and so forth.
2. The Act also prohibits different standards for credit checks, rental amounts etc. for different groups of prospective tenants.
3. As well, landlords cannot refuse to rent to certain kinds of people.
4. Or, end a tenancy on the grounds of any unreasonable biases or prejudice.

Since state laws differ from state to state, it is, therefore, important to check your local fair housing laws.

Just as a tenant has to follow the dictates of his / her landlord, so must every landlord in the property rental business adhere to a certain code of conduct, including state laws and regulations.

A landlord is responsible for:

1. Ensuring his / her rental property is maintained as per state and local housing codes
2. The rental property has heating, electricity, including running hot and cold water.
3. Unless, otherwise agreed to in the lease, a landlord must also provide responsible means for garbage disposal.
4. All doors of the rental unit must come provided with locks and keys, while all windows should be equipped with window latches.
5. The property should be free of insect infestations through adequate pest control measures.
6. A landlord is also required to make all necessary repairs to keep the rental property in the same condition, as when the tenant moved in.
7. As well, a landlord must maintain all appliances in his / her apartment in working condition, unless they belong to the tenant, or the lease says otherwise.
8. State law requires all rental property to be equipped with smoke detectors that are in good working condition.

A Tenant’s Right To Privacy

A landlord must respect a tenant’s right to privacy. He / she must always arrange beforehand, if access is required for inspection of the unit for the purpose of carrying out repairs. In case, a tenant is moving out, again the landlord must have a tenant’s prior permission for showing the rental unit to prospective tenants. A landlord cannot enter a tenant’s premises without proper notification, of at least a minimum of 24-hours in most states, before he / she can enter a tenant’s apartment. However, if it is an emergency, such as, a flooded bathroom or a kitchen fire, no notice is required. But, a landlord must remember entering a tenant’s apartment without notice can amount to criminal trespass in some states.

Landlords, should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

If, you already have perfect tenants for your rental property, who not only do all the right things, they also adhere to all lease agreement terms and conditions, while paying the rent on time, looking after your property, even improving on it. What more could a landlord ask for? Too good to be true? Not really, if a landlord works hard to ensure his / her ideal tenants continue to be satisfied with their tenancy and relationship with each other. However, a landlord must abstain from the following negative behaviour, in order to avoid ruining a good tenancy.

1. Landlord should refrain from becoming friends with their tenants, by always maintaining a professional distance between them. Don’t lower your guard and become bosom buddies, it rarely works. Always, you are the landlord and they are your tenants!
2. Don’t lose a tenant’s trust and respect by failing to keep promises.
3. Don’t overcharge tenants i.e. rent wise, so they end up resenting you. The only reason a tenant agrees to a higher rental amount is, perhaps, due to a tight rental market, family crisis, or a tenant is not qualified for another rental.
4. If, you are a landlord, you are in business and for a business to do well, you have to work hard to maintain it, see it’s run properly, which means you must take good care of your rental property. A tenant cannot be held responsible for everything on a rental property; the landlord also has his / her share of responsibilities. Satisfied tenant’s means more rentable and saleable a property.
5. Don’t be either overly rude or overly friendly with your tenants, as that constitutes unprofessional conduct. Refrain from arguing, using abusive language or gossiping with them. A professional, polite attitude will ensure they not only respect you, but also respond better to a professional, who understands his / her landlord responsibilities, perfectly well.

As for landlords, they should view taking of necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring whatever is promised in the rental lease is provided, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

Q.1. What is a security deposit?

Ans. It is money deposited with the landlord to protect him / her, in case a tenant damages the property or fails to pay rent, and is usually paid before a tenant moves in. A landlord can ask for any amount, but certain local laws restrict the deposit to the equivalent of a couple of months rent.

Q. 2. Is security money deposited for pets, cleaning, garage door openers, parking refundable?

Ans. Yes, as long as a tenant fulfils all lease terms and conditions relating to the deposit. A landlord is not legally entitled to keep the money, whether the lease terms it as security deposit or not.

Q.3. Is a landlord required to hold security deposit accounts separately from his / her other assets?

Ans. Only if the law demands it and any landlord who fails to keep tenant security deposits in a separate bank account is liable to pay damages to his / her tenants.

Q. 4. What are the circumstances under which a landlord owes a refund of the security deposit?

Ans. A full or partial refund is owed to the tenant, if rent has been paid in full, including cost of repairs beyond normal wear and tear.

Q. 5. What do standard leases say about security deposits?

Ans. They set forth conditions that require landlords to return security deposit amounts to tenants, however, most leases permit landlords to keep the entire amount or a part of the deposit, in the eventuality a tenant owes rent when moving out, or in case he / she has caused property damage beyond normal wear and tear. A part of it may also be kept to pay for cleaning the rental premises, if the tenant has not adhered to the cleaning clause in the lease.

Q. 6. What can a tenant do, in case the landlord refuses to refund the deposit or refunds too little?

Ans. It is important for the tenant to first negotiate with the landlord, may be through a mediator. Failing that, the matter can be pursued in a small claims court, where people can sue to collect money owed them, without hiring a lawyer.

Both landlord and tenant should be aware that in most states, there are statutes that require landlords to pay interest on security deposits held by them, even though the lease does not say anything about paying interest on security deposits. Some landlords try and get around the law by calling security deposits ‘pre-paid rent’. However, there are laws that explicitly specify even pre-paid rent earns interest.

Q.1. What is rent control?

Ans. Rent control is a term applied to governmental laws and regulations that limit the rental amount or increase thereof, which landlords can charge tenants.

Q.2. How are rents and rental increases regulated through rent control?

Ans. Usually, a board is appointed by the Mayor of a city, with rent control laws in place to administer them. This board is responsible for determining the annual rental increases and the limiting of rental amounts.

Q.3. What are the kinds of rent control laws that are in place?

Ans. After the Second World War, it was only New York City that retained rent control laws. Late 1960 onwards, other communities began to adopt it as well, as it allowed automatic but limited rental increases, without requiring landlords to show an increase in their property maintenance expenses. If, a landlord carried out major repairs or experienced extraordinarily large expenses, a normal rental increase would not cover, he / she is allowed to petition for a larger rental increase on the basis of that.

Q.4. Which American states carry rent control laws?

Ans. Columbia, certain municipalities in Massachusetts, New York, New Jersey, and California, all have passed rent control ordinances, while on the other hand, certain legislatures have barred local rent control ordinances in their state municipalities.

Q.5. Are there state laws against rent control?

Ans. Certainly, about half of the state legislatures have forbidden municipalities to enact rent control ordinances, such as, when the voters of Detroit enacted rent control by referendum, the law passed by Michigan Legislature revoked the right of cities to adopt rent control laws.

Q.6. What is vacancy decontrol?

Ans. It is a provision of rent control and vacancy decontrol allows landlords to charge an increased rental amount, whenever a new tenant fills a vacancy by moving in. In actuality, vacancy decontrol is really an anti-rent-control provision, as within just a few years, new tenants in the same building could end up paying twice the rent, older tenants are paying. Vacancy decontrol, not only allows a landlord to collect more rent, it also undermines public support for rent control due to this unfair treatment.

Landlords, should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!