It is estimated that over 43 million houses are now privately rented in the US. Demand for rentals is at a record high; however, what is more alarming is that there is so much confusion over responsibilities and laws among tenants and landlords. A recent survey showed that many tenants are served with a notice or evicted if they report a problem to the landlord. Many others are even afraid to approach their landlords. All this is happening as many more people continue to sign legal contracts without being fully aware of their rights as tenants. This sets them up for legal costs and unnecessary future disputes. While rental laws may differ based on tenancy agreements, you need to be up to date with what you can and cannot accept from your landlord.
1. Your landlord should not act negligently
Your landlord should not cause damage or injury as a result of negligent behavior or carelessness. For instance, a landlord can be said to have acted negligently if they fail to repair your home after having informed them, and this results in property damage or injuries. They can also be held liable if the repair work was done recklessly or dangerously.
2. Your landlord should handle most repairs
Your landlord is responsible for most of the repairs in the property or the exterior structure. This includes fixing problems in the walls, drains, roofs, guttering and chimneys. They are also responsible in ensuring that equipment for supplying gas, water and electricity are in proper working order. They are also responsible for the maintenance of shared amenities such as
• Pools
• Gardens
• Lighting in the corridors
3. Your landlord should not be a nuisance
Nuisance occurs when something in another property or a shared part in the building owned by your landlord affects your peace and enjoyment. For instance, if the landlord fails to maintain pipes in the block of flats and this causes leaks in your home, then you can take action against them as this is considered private nuisance.
4. Your landlord should not disturb you
The landlord may need to access the property to conduct repairs and inspect the house, but they should not do this in a manner that infringes on your privacy. This means that they cannot enter your home whenever they want to. They are expected to give reasonable notice and arrange for a suitable time when they can conduct their business. The notice time frame should be stipulated in the tenancy agreement.
5. Your landlord is obligated to meet safety standards
All landlords have legal obligations to ensure that the safety standards of their tenants are met.
They must:
• Ensure that the electrical equipment used is safe
• Ensure that all the work identified by engineers and inspectors is carried out to completion
• Ensure that gas safety certificates are obtained for all gas appliances
• Furniture meets all fire safety standards
• Sufficient lighting, ventilation and heating
• Good security
You may request your landlord to provide carbon monoxide detectors, however, they are not obligated to do this. Landlords of buildings with more than one household (HMO’s) have extra legal responsibilities towards their tenants. They must provide:
• Fire precautions
• Safety exits in case of a fire
• Drainage and water supply
• General upkeep and maintenance
• Waste disposal
6. Your landlord must follow rent rules
Your landlord can raise the rent, but this is only permitted at certain times. The rules governing raising rent will depend on the tenancy agreement. If you are on a rolling contract, this is week by week or month by month, then the landlord is not allowed to increase the rent more than once every year. If the tenancy agreement is fixed-term, rent can only be raised when the term ends. When rent is raised, it must be in accordance with the rent rates in the locality.
7. Your landlord must honor tenancy agreements when evicting you
Based on the tenancy agreements, there are some circumstances when the landlord may need to obtain a court order before evicting a tenant. Your landlord should not force you to leave abruptly without giving you notice. If he does, it would be constituted as an illegal eviction. The landlord is also obligated to return the deposit amount in full unless you have caused property damage or you have not paid rent.
A vast majority of landlords will honor their obligations towards you; however, it is important to be aware of these responsibilities so that you avoid unscrupulous landlords.
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