If you’re a renter, you may wonder what the law allows or forbids your landlord to do. Questions you may have: Can I call the police if my landlord enters without permission? Can landlords sell a property when renters are still in it? Can landlords ignore necessary repairs?”
Bottom Line Personal asked rental and real estate expert Stacy Brown of Real Property Management to talk us through landlord-tenant rights and laws.
What are the rules?
Most issues that lead to landlord-tenant disputes are covered by state and local laws that generally follow broad national patterns. Before assuming that your local laws match the general national pattern, research the landlord laws in your state and county. Search for the term “Landlord/Tenant Laws” in whichever state you wish to find the information. You can also refer to the lease and property codes. Local legal aid offices are invaluable resources for renters.
Fair Housing Act
Prohibitions on discrimination in renting do exist at the federal level. The Fair Housing Act forbids any refusal to rent based on race, age, gender, sexual orientation or source of income.
Notice of entry
A landlord must give the tenant advance notice in writing before entering the property. In most states, that’s defined as 24 hours, but in some places 48 hours or more are required. In particularly stringent states, even with notice, a landlord may enter only during certain times of the day. If the landlord enters without sufficient notice, the tenant may call law enforcement and bring trespass or invasion-of-privacy charges. Exception: Emergencies such as active fire or rising floodwaters.
Habitability and repairs
Generally, landlords cannot let an occupied property fall into disrepair that renders it uninhabitable. But how “uninhabitable” is defined varies by locale. In some places, it includes a lack of air conditioning…in general, running water, including hot water, is required. But check local laws before assuming your landlord is delinquent.
When a repair is necessary, it usually must be addressed within seven days of it being reported. Many renters misunderstand this to mean repairs must be completed within that time. In fact, landlords typically have two weeks to complete a repair. If the place is uninhabitable during the repair, the landlord is not required to pay for the tenant’s alternative lodging or food (that’s why you should have renters’ insurance).
Security deposits
At the end of a lease, the landlord must return the security deposit within a specified time—usually 30 days—or provide a list of money owed for damages above and beyond normal wear and tear and/or rent owed that exceed the security deposit held. Failure to do so can result in stiff penalties.
If the landlord believes you’re responsible for damages exceeding the security deposit, he/she may attempt to collect the amount, but this must be done in court. Courts typically allow for more wear-and-tear in rentals than the wear-and-tear seen in homes that are owned by the residents.
Rent increases
Landlords cannot raise rent during the term of a lease…and in most places, the size of an increase at renewal is restricted.
Selling the property
A landlord may sell the property while you still live in it, but he must give proper notice before showing it to prospective buyers. Generally, a sale does not break an existing lease. Rather, the new owners “inherit” the existing lease and must honor it.
Eviction
Eviction laws are highly localized. “Squatters’ rights”—in which an individual gains ownership of a property by occupying it for a certain period—generally don’t apply, since there’s a high legal threshold for successfully invoking them.
