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Clear & Simple Home > Singles > Renting An Apartment
> Your Rights (and Theirs)
Your Rights (and Theirs)**
In most cases, renting an apartment is a pretty smooth operation -- it's
pretty rare for a tenant-landlord relationship to go truly sour. After all,
everyone involved has an incentive to keep things cordial and above-board. That
said, you never know what's going to happen, and it pays to know your rights
and your responsibilities.
Tenant rights are, for the most part, set by state law, and though the
following rights are pretty common from state-to-state, you should check to
make sure they apply where you live. But before we get to your rights as a
tenant, let's talk about your responsibilities:
Your responsibilities: The short version is that you need
to act like an adult - you don't own the place, you're probably not alone in
the building, and you need to act accordingly. Specifically, a tenant must:
- Keep
the apartment clean
- Put
out garbage in proper containers
- Use
electrical and plumbing fixtures properly
- Follow
local, county, and state housing, health and safety rules
- Not
damage the landlord's property or disturb neighbors
- Not
let guests do either of those things
- Use
appliances with care
- Notify
the landlord when repairs are needed
Your landlord's responsibilities: While you've got
responsibilities as a tenant, you also have certain rights. Generally speaking,
a landlord is responsible for the following things:
- Obeying
all health and safety laws and regulations
- Making
repairs needed to maintain the property in good condition
- Keeping
all common areas safe, clean and in good repair
- Maintaining
all electrical, plumbing, heating and air conditioning fixtures and
applications that the landlord provides or is required to provide
- Providing
and maintaining garbage cans and provide for trash removal where there are
four or more units in the building
- Supplying
running water and enough hot water and heat at all times, unless there are
separate heating or hot water units for each dwelling unit and the utility
fees for the heating and hot water are paid directly by the tenant to a
public utility company
- Giving
at least 24 hours notice to a tenant before trying to enter his or her
apartment and enter only at reasonable times unless there is an emergency
- Not
abusing the right to enter
And there are some things your landlord just can't do, no matter what the
situation. Among other things, he or she can't:
- Shut
off utilities
- Take
anything that belongs to you
- Lock
you out of your apartment to force you to pay rent or leave the apartment
- Raise
the rent or threaten to evict a tenant for taking legal action
- Harass
you with repeated visits to your apartment
Dealing with problems: If your landlord isn't living up to
his or her legal responsibilities, you do have a few options. For one thing,
you can sue, either for money or to force the landlord to make a required
repair, for example. Send a notice to the same address as the rent checks are
sent and the landlord is required to make the repairs within 30 days.
If the landlord doesn't comply, you still have options. Just don't stop
paying rent - you're still liable for that. Of course, if you want to keep your
landlord from collecting that rent, you do have options:
- Take
your rent check to the clerk of courts every month. They'll hold it until
the repairs are made.
- Ask to
the court to legally force the landlord to make the repairs. They may even
decrease the rent for the period the repairs are not made.
- Move
out - life is short, and some things just aren't worth the hassle. (Just
don't forget to give proper notice.)
Eviction: Pay your rent and live up to your end of the
lease, and you won't have to deal with this at all. If you do default, though,
the landlord can force you out. You'll get a written eviction notice, and after
a few days the landlord can file that notice in court. If he wins his suit and
you still don't vacate, he can ask a local law enforcement officer to remove
you from the apartment. Which means that it's probably a good time to start
packing.
**Content courtesy of Visa's What's My Score  program.
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