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Tennant Rights In Eviction Proceedings

 

You are a tenant and your landlord has started eviction proceedings with you. As a renter, you do have rights during this process. Actually, you have tenant rights and responsibilities throughout the entire rental process. Contacting a real estate attorney or an eviction attorney is the first step in the process.

A renter should:
  • Know their rights
  • Protect themselves
  • Document everything
Every state, county, and city may have a different variation on the actual rights that renters have while in a rental or lease agreement. Educated renters will be savvy enough to research these and know them in advance of signing any lease or contract. Or, if they haven’t done so, they will conduct the research as soon as they are aware that their landlord is looking to evict them.

Some Common Rental Rights
  • It is illegal to be discriminated against in rental practices based on the grounds of race, color, sex, religion, disability, family status, or national origin.
  • Rental units should be in good habitable order.
  • Landlords cannot enter your residence without proper notice, unless there is a clear emergency.
  • Repairs should be made in a timely fashion.
  • Common areas should be maintained by the landlord.

Rights During Eviction Proceedings
  • To be informed - written notice should be provided.
  • You should not be locked out of your residence.
  • Landlords can not shut off your power, electricity, heat, utilities, etc.
  • You have the right to running water, hot and cold.
  • You have the right for proper garbage removal.
  • The common areas (stairways, walkways) shall remain in good order.
  • The housing must remain in good quality condition and meet state and local codes.
  • The landlord cannot seize your property. The exception is if you abandon it.
  • They cannot evict you because you exercised your right to report landlord violations to the proper authorities.

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