Renting a home? Know your rights with your landlord
By Jenesy Gabrielle Burkett Fox
As a renter, you have rights at the city, state and federal level. Whatever you do, don’t assume you’re trapped with your landlord. Many young people have been raised in a system that makes us feel cornered. And it’s meant to. For Generation Z and millenials, we are functioning within systems that favor people who are high on the financial hierarchy. So those of us who have to work for every dollar, knowing exactly how many hours we have to work to pay for rent, have money for groceries, gas, clothes, we are at the will of a system that is confining.
But this is not a modern problem. Modern landlords in the U.S. can be traced back to feudalism in Medieval Europe. Landlords and the legal system that established them, as well as rent in exchange for farming and living on a lord’s land, were part of Europe’s colonization that led to the U.S. we know today.
Today, the U.S. functions on a sprawling legal and social system that relies on individuals feeling tied to the system. Land ownership and renting are no exception. From the leases we sign to the security deposits we pay to a landlord's level of willingness to attend to issues on their property, renters are systemically put at the mercy of landlords. At least, that is how it is designed to feel.
Photo by Ketut Subiyanto / Pexels
So please, I beg of you: When you feel cornered by your landlord, when you feel out of options, do not assume you don’t have options. You might not, but you might. The worst thing you can do is assume you don’t have rights that you might have and set yourself up to be further disadvantaged by your landlord.
What are renters’ rights?
The phrase “I have rights” is a favorite in the U.S., but what does it mean in the context of renters and how can you put your rights to use? Renters’ rights are the culmination of federal, state and local laws designed to protect renters from price gouging rent, discrimination and safety.
The most comprehensive piece of renters’ rights is the Fair Housing Act of 1968. This is a federal law that prevents discrimination in housing on the basis of race, color, sex, religion, age, national origin, family status or physical disability. This act not only requires landlords to accept tenants without discrimination, it also requires landlords to maintain their properties without discrimination. This includes tenants with disabilities. If you have a physical disability that requires alterations to a property such as a ramp or leasing a lower floor unit, your landlord is legally required to provide reasonable accommodations.
If a potential landlord rejects you due to a credit check, the Fair Credit Reporting act requires the landlord to tell you and advise you to make a request in writing for the negative information on your credit score. This request will inform you in more detail as to why you were denied and can equip you with more information to refute the rejection.
Your landlord does have a right to evict you if you break any of the parameters of your lease. This makes it essential that you carefully read your lease before you sign it. However, your renters’ rights require that your landlord give you ample notice of claim of eviction to allow you time to pay any missed rent or fix whatever you have done to break your lease. The landlord is required to outline specifically how you broke the lease and can include anything from your responsibilities of maintaining the property to having person(s) or pet(s) not listed on your lease.
Photo by cottonbro studio / Pexels
The amount of notice they are required to give you differs depending on each state. Evictions are handled through the court system, so you will have a chance to tell your side of the story by filing an answer with the court. These proceedings can progress quickly so make sure to read mail including emails from your landlord or property management company promptly.
Your landlord is legally required to provide you with a habitable home. This means a home with usable heat, utilities and water. This includes maintaining the property and completing necessary repairs. If there is lead-based paint in your building or unit, your landlord or property management company is legally required to include a disclosure form in the lease before you sign it along with an EPA booklet.
Before moving in
Make sure to read your lease carefully, take photos of the house before you move in your belongings and buy renter’s insurance. Knowing the limitations your lease puts on you will better equip you if you need to negotiate with your landlord or issues arise with your living situation. Taking photos of the house prior to you moving in will show proof of how you’ve treated the space. This will help in the case of getting your security deposit back or disputing false claims of damage by your landlord or property management company. Renter’s insurance will protect you from things laws don’t, like your personal property being affected by theft or natural disaster.
When in doubt, Google it. If you feel like your landlord is taking advantage of you, research what rights you might have or what resources are in your area to help you negotiate or protect you from your landlord.
Header photo by EKATERINA BOLOVTSOVA / Pexels
