If you are facing a sudden rent increase it probably feeling frustrated and upset but don’t panic it’s true that except in rent control jurisdictions once the least provide for a fixed rate expires tennis can be subject to rent increases by landlord to just about any time but you still have legal rights and your landlord still has legal responsibilities. Landlords cannot increase your rent on the basis of illegal discrimination such as race, veteran status, sex, or religion. It is also illegal to increase your rent in retaliation for you exercising your legal or contractual rights under lease agreement such as reasonable repairs were notifying your local government agency for violations in your treatment as a tenant.
In fact tenants can often challenge such illegal rent increases before a court or local authority in those cases tenants may be able to recover damages including punitive damages from landlord. Each state and even some cities have their own laws and procedural requirements the landlord must follow to get event increase. Some of the laws and rules specify how much the rent may be increased.
Landlord and Tenant Acts Provide Protection
Throughout most of the fifty United States of America landlord and tenant acts are remarkably similar in terms of the protections they afford both landlords and tenants. Most often, these acts fall under the jurisdiction of something commonly referred to as the Fair Housing Act which governs how landlords may rent housing to prospective tenants. It stipulates very clearly that landlords are not permitted to discriminate for any reason when choosing to whom they wish to rent a unit. This includes not discriminating based on religion, sex, sexual preference, race, or disability.
Most Landlord and Tenant Acts provide very clear methods that a person can utilize to file a complaint against a prospective landlord and the way in which the complaint must be investigated and dealt with. Landlord and Tenant Acts can also be governed under municipal provisions and dealt with on a municipal level, where possible.
Landlord and Tenant Acts in The USA
The Landlord and Tenant Acts of the United States of America restricts and prohibits any landlord from being discriminatory in their rental practices. This behavior is against the law and any landlord who willfully discriminates against any potential renter based on religion, race, sex, or disability can be prosecuted. If they are found guilty of having discriminated against a tenant attempting to rent a unit from them, they can be fined or, in rare cases, sent to prison.
Landlords are also not allowed to falsely denying that the rental unit is available because they wish to discriminate against someone who is attempting to rent it. Furthermore, all landlords are prohibited from setting different rental criteria based on their desire to discriminate against someone who is attempting to rent from them.
Tenants are protected under federal law from lenders who might choose to deny a loan based on any of these criteria as well. Anyone who suspects that they have been discriminated against based on religion, race, sex or disability, can file a complaint with the appropriate federal agency and their complaint will be investigated fully. If it is found that discrimination has occurred, the lender will be prosecuted by the federal government. Continue reading
Landlord and Tenant Act
Every landlord and tenant who lives in the United States of America is protected by some sort of landlord and tenant act. These laws were promulgated to provide some relief to both landlords and tenants from some of the abuses they had traditionally had to deal with. These laws give protections for certain basic rights and are easily enforceable by any local jurisdiction.
Superseding the landlord and tenant act of any given city or state, are the federal laws which govern certain statutes relating to rental units. These fall under the umbrella of something called the Fair Housing Act which is a federal law which prohibits landlords from willfully discriminating against any prospective tenant based on race, religion, sex or disability. Enacted in 1968 under the Civil Rights Act, these laws are similar to other human rights laws in the United States and are taken very seriously by the courts. Anyone who feels they have been discriminated against by any landlord may lodge a complaint with the property overseeing authority and it will be investigated. If the landlord is found guilty of having discriminated, they will be fined. In some rare cases, they can even be sent to jail.
It is very easy for a person to file a complaint against a landlord if they believe they have been discriminated against. Instructions for doing so are clearly spelled out on the Housing and Urban Development’s website. It is possible to fill out the complaint form right on the website. They also give options for filing a complaint over the telephone or printing the form and mailing it to an address in Washington, DC. Continue reading
The Landlord Tenant Act, also more commonly known as the Fair Housing Act, outlines very extensively the way in which housing can be accessed in the United States. It governs things like discrimination and enforcement of certain rules and regulations. It is overseen by HUD which stands for Housing and Urban Development. In cases where tenants feel that their rights have been violated because of discrimination on the part of the landlord, they are allowed to file a complaint with HUD which are then investigated by the Office of Fair Housing and Equal Opportunity.
In cases where the tenant is not able to successfully resolve the issue on their own, OFHEO will determine whether or not any discriminatory actions have taken place.
Important changes have been made to the Landlord Tenant Act especially with regard to matters pertaining to person over the age of 55. The most important changes had to do with the requirement that housing for persons over the age of 55 have significant services and facilities for the elderly.
It states that there must be at least one person over the age of 55 living in at least 80% of its inhabited units. Senior housing units are also required to publish and follow all policies and procedures that demonstrate the intent to function as housing for person over the age of 55.
Changes were also made which enhanced law enforcement and included penalties for violating the Landlord Tenant Act.
The Landlord Tenant Act covers almost all dwellings. Owner-occupied buildings which have fewer than four units, any single-family housing which is sold or rented without using a broker or any housing that is operated or owned by organization or private clubs which limit occupancy to its members are exempt.
The Landlord Tenant Act specifically prohibits any landlord or seller or property from discriminating against another person because of race, color, origin of nationality, sex or sexual preference, familial status religion or handicap. They may not refuse to rent or even sell housing based on any of these criteria. They may not refuse to negotiate for house or make the housing unavailable or deny a dwelling to a prospective renter or buyer based on these criteria. They are prohibited from setting different terms or privileges or providing any different housing to the person. They are prohibited from falsely denying that the housing is available for inspection or rental in order to prevent the person from renting the property. Continue reading
Pennsylvania Renters Rights
Current Pennsylvania Landlord Tenant Law deals very extensively over when and how a landlord can evict a tenant from a rental unit. It states that a landlord may evict a tenant for any of three reasons. The first is when the term of the lease has expired, the second is when the tenant is behind in their rent payments and the third is when the tenant has broken a clause laid out in the lease.
In cases where the landlord has given the tenant property back at the end of the lease arrangement, no other stipulations are required.
Pennsylvania Landlord Tenant Law also lays out eviction procedures very clearly. The landlord must adhere to this procedure very stringently. The landlord must provide written notice to tenant that he or she is being evicted and must state the reason for this. This notice must be given in writing. In some cases, a tenant may have given up their right to entitlement of this written notice and if it is not forthcoming, they should carefully check their lease to see if that is the case. This notice of eviction must be delivered in person or posted on the door of the dwelling by the landlord. Any evictions notices that are delivered by post are usually unenforceable. Most written leases state very clearly how many days notice must be given before an eviction can take place.
Prior to serving a notice of eviction, the landlord must file a complaint with the appropriate District Justice’s office. This will initiate a hearing proceeding. At that time, the Pennsylvania Landlord Tenant Law has a provision to allow the landlord is permitted to sue for any back rent owed. The tenant is allowed to file a counterclaim upon receipt of notification of the hearing.
At the hearing, both the landlord and the tenant will be sworn under oath. Either party may have a lawyer present at the hearing to represent him or her. The landlord will usually testify first after which time, the tenant is allowed to cross-examine him or her. Then vice-versa. Both are permitted to bring any materials such as photographs or documents to court which will strengthen their case. Both are also permitted to call any witnesses they believe will strengthen their case, as well. Continue reading
Outlines of the Landlord Tenant’s Law
Every state in the United States of America has some type of landlord tenant’s law which is designed to protect both landlords and tenants from the various abuses that can be inflicted on the other. There is probably not a single person who has not heard at least one horror story about something either a landlord or a tenant has had to endure at the hands of the other. In cases where there has been a clear abuse, landlord tenant’s law is there to provide some form of mediation or enforcement when called upon.
Nearly every state will have some kind of handbook which outlines the landlord tenant’s law which has been passed there. These guidelines are almost always available free of charge by calling a 1-800 telephone number. Tenants can often find links to this information on websites which are set up specifically to deal with landlord/tenant disputes. Continue reading
How The Renters Protection Act Affects You
Whenever a person starts a search for any kind of Renters Protection Act it is usually because they are trying to discern what their rights as a tenant are. It is important to keep in mind that each states has its own Renters Protection Act and that any particular act that is valid in one state may not necessarily be valid in another state, even though they may be adjoining. There are many provisions that apply to most states in general, so having an overview can be very helpful. Continue reading