Understanding Tenant Rights

There are several different categories of tenant rights that all individuals need to know when applying to live in a rental property or in case of a dispute between yourself and the landlord where you may have to contest an eviction.

Discrimination

Tenants have various rights when it comes to renting any type of dwelling including federal laws that prohibit discrimination based on color, race, national origin, religion, sex, age, including having children, pregnancy, and mental disabilities. Many states and even cities also have housing laws that may prohibit discrimination against others based on sexual orientation and marital status.

Other laws regarding tenant rights include advertising that indicate a preference or a limitation based on any of the fore-mentioned items. The landlord cannot mention any preference or limitation as well. Landlords are forbidden from stating an apartment is not available for rent when it is available, cannot refuse to rent to any person for reasons listed above, and cannot ask for higher deposits or late fees than in the protected classes.

Of course, these laws do not apply to all rental properties. In order to learn more about discrimination and housing laws you should talk with an eviction attorney in your state.

Credit Checks

Today, most landlords will run a credit check; however, if your application was rejected due to credit information that came from a source other than your credit report, they must give you this information under the federal Fair Credit Reporting Act. After the landlord rejects your application and explains it was due to a negative report, you will need to request in writing the information from the landlord. When the request is received by the landlord, he/she must provide you with "the nature of the information”.

Habitable premises

All tenants have a right to live in a rental property that is livable. This means that the rental property cannot in an unsafe condition including holes in the floor or even infested by roaches or other vermin.

This is just a few of the rights you have as a tenant. To learn if your rights have been violated or if you questions concerning tenant rights, a real estate attorney will be able to provide you with all the answers to your questions. Along with giving you the information you need, a real estate lawyer will also be able to represent you in a court of law if he/she decides you have a case against your property owner.