Dos And Don’ts for Landlords: What To Do if Your Tenant Rights are Violated?

By: ROS Team

One of the primary tenants’ rights that tenants must be aware of is their right to privacy. Just as a landlord takes care to treat their house as a home in which they can relax and feel safe, you too have certain rights that must be understood by those who are living in your home.

The landlord and tenant relationship is a sacred contract. Landlords and tenants should take the time to understand their rights and ensure they’re protected under fair housing laws. Leaving a tenant in the dark about their requests may seem like another element of landlord-tenant law. Still, it may affect you if you reach out for help or your landlord decides to harass you in retaliation.

What a Landlord Can Do

Many different kinds of duties are within a landlord’s purview. It is common practice for landlords to impose a “warranty of habitability” on their tenants. Providing a secure and clean space for your renter to call home is a big step in the right direction.

What a Landlord Can Do

Here is a list for which a landlord can be held legally liable:

1. Monetary Obligations

The role of the landlord is that of a company owner. Tenants are your customers, and the rental property itself is your asset. Maintaining your investment correctly can help keep your money safe. Landlords may stay straight and narrow with regular maintenance, repairs, payments, and accounting.

2. Property Maintenance

A landlord must keep up with maintenance, repairs, payments, and accounting. Ensure that the renters are not putting the utility bills in your name if you rely on them to pay for such costs. Your lease determines who pays which utilities between landlord and renter. In many cases, you will see a rental payment on your bank statement that includes utilities in addition to rent. The tenant is responsible for paying for them; however, if both parties didn’t agree on this arrangement ahead of time, the landlord would be responsible for paying them.

3. Warranty of Habitability

Whether you and the landlord have differing opinions on what the lease provides is immaterial. What matters most is whether you have a habitability warranty within your lease agreement. Suppose there is an explicit statement within your lease detailing precisely what needs to be fixed and when then the landlord must directly abide by these terms. If no such terms are provided in the lease, then you are protected under state law. If a dispute arises from this matter, you and the landlord can always take it to court.

Warranty of Habitability

What A Landlord Cannot Do

Can Landlords Do Random Inspections?

Your landlord can’t do whatever they want just because you’ve already signed a lease; renters have the right to privacy. Some tenants wonder if their landlord can enter their unit without prior notice or permission. In short, the answer is no, except in an emergency or under certain conditions. These are usually spelled out in your lease.

Can Landlords Ask for Unannounced Rent Increases?

Landlords are restricted to annual rent hikes and may not raise the rate more often than once yearly. A landlord must also provide enough notice before increasing a tenant’s rent, typically 30 days but may be longer.

Every rent increase should be spelled out in the contract regarding the exact dollar amount. When a lease is signed, it becomes a legally enforceable contract, and the landlord will need the tenant’s consent to raise the rent.

Can Landlords Discriminate Tenants Base on Certain Criteria?

This is what a landlord cannot do. The Fair Housing Act (FHA) forbids discrimination against renters based on race, color, religion, national origin, familial status, handicap, or mental or emotional impairment. This implies that a landlord cannot reject housing or charge a different fee based on these stated characteristics.

Although some landlords may be reluctant to accept families with children as renters out of concern for the additional noise and wear and tear that children might create, such discrimination is prohibited by federal law under the Fair Housing Acts. A landlord may not lawfully turn away or remove a tenant because they have children if an application or tenant is pregnant.

How To Report Your Landlord For Negligence

If you believe that your rights as a tenant have been violated, you may be able to file a lawsuit to recover damages. Regardless of your tenancy status, you have the right to live in peace in your rental house. Owning or being in charge of property does not give an owner carte blanche to do as they please. You can seek legal action against your landlord if they break the law.

The first thing you need to know about how to report your landlord for negligence is to look at your lease and identify whether your owner has taken any actions that you believe are illegal or infringe on landlord-tenant laws.

When you intend to sue or bring legal action against your landlord, you must gather as much supporting information as possible. This may include repair requests, records of illegal entry, failure to return security deposits, and violations of the Fair Housing Act are common reasons people choose to take their landlords to court.

Report Your Landlord For Negligence

Before taking legal action, consider whether it’s worth suing your landlord. For most homeowners, the threat of being sued often does the trick of addressing requested maintenance items. Remember that pursuing legal action against someone can be time-consuming, and if the court doesn’t rule in your favour, you may have to pay additional legal fees.

You must research your state’s procedure for filing a lawsuit against a landlord. Once you’ve raised a complaint, wait for your owner to respond. Getting all the relevant paperwork and documentation and having a detailed account of the allegations is critical.

You’ll also want to ensure you’re prepared to defend yourself against your landlord if she files a counter-complaint. If you decide to pursue this option, it is always best to solicit the expertise of a real estate attorney.

FAQs

Is it Legal for me to withhold rent until my Landlord makes Repairs?

In some cases, tenants may have the right to withhold rent or take other legal actions if their landlord fails to make necessary repairs that affect the habitability of the rental property.

Can your Landlord Enter your Apartment or Rental House without your Permission?

Your property manager might have to give you notice and get your consent prior to entering your condo or investment property, with the exception of explicit conditions like crises or court-requested circumstances.

How long does a Landlord have to make a Repair?

Landlords are typically required to make repairs within a reasonable timeframe after being notified by the tenant.

What do you do if your Landlord won’t Fix Anything?

If your landlord refuses to make necessary repairs, you can take several steps:

1) Document and communicate the issue in writing;

2) seek assistance from local housing agencies or tenant advocacy organizations; and

3) consider legal action,

such as withholding rent or terminating the lease, if allowed by local laws.

Final Thoughts

Landlords can make your life miserable, but they don’t have to. If your interactions with your landlord become unbearable, you have alternatives. First, identify if the landlord has abused their power or been neglectful in how they’ve managed you as a tenant or the rental property. And, if you think you are being mistreated, say something about it.