CHASE - CREDITCARDS

Renter’s and Landlord’s Rights and Responsibilities

It is rare for a tenant-landlord relationship to go awry. After all, everyone involved has an incentive to keep things going smoothly. However, it pays to know your rights and your responsibilities in case there is a problem.

Tenant rights are generally set by state law. The following responsibilities and rights are common from state-to-state, but you should check that they apply where you live.

Your responsibilities—A good rule of thumb is to treat the apartment and facilities the way you would like others to treat your property.  Specifically, a tenant must:

• Maintain a clean, damage-free apartment
• Use proper garbage containers
• Use appliances, electrical systems, and plumbing properly
• Follow local, county, and state housing, health and safety rules
• Avoid disturbing neighbors
• Control guests so they follow the rules
• Notify the landlord promptly when repairs are needed

Your landlord's responsibilities—Generally, a landlord must:

• Obey all health and safety laws and regulations
• Make repairs to maintain the property in good condition
• Keep common areas safe, clean and in good repair
• Maintain landlord-provided electrical, plumbing, heating and air conditioning fixtures and appliances
• Provide and maintain garbage containers and trash removal (where there are four or more units in the building)
• Supply running water, sufficient 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)
• Give at least 24 hours notice to a tenant before trying to enter the apartment, and enter only at reasonable times, unless there is an emergency
  

What a landlord may not do

There are some things your landlord cannot do, no matter what the situation. Here is a partial list of what a landlord may not do:

• Shut off your utilities
• Take your property 
• Lock you out to force you to pay rent or to leave
• Raise the rent or threaten to evict you for taking legal action
• Harass you with repeated visits to your unit

Dealing with problems

If your landlord is not meeting his or her legal responsibilities, you do have a few options.

• Send a notice to the rent payment address. The landlord is required to make the repairs within 30 days.
• If that does not work, you can sue--either for money or to force the landlord to make a required repair, for example.

If the landlord does not comply, you still have options. Keep paying rent—you are still liable for rent you owe. If you want to keep your landlord from receiving the rent, here are some actions you can consider:

• Take your rent check to the clerk of courts every month. Ask the court to hold the rent payments until the repairs are made. 
• Ask to the court to require the landlord to make the repairs. The court may even decrease the rent for the period of the dispute.
• Move out--it may not be worth the hassle to fight. (Remember to give proper notice.)

Eviction

If you default and do not pay your rent, the landlord can force you out. You will receive a written eviction notice. After a few days, the landlord can file that notice in court. If the landlord wins the lawsuit and you still do not move out, the landlord can ask a local law enforcement officer to remove you from the premises.

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