Tenant Act – Does Your Lease Comply with the Tenant Act in Your State?
Every state in the U.S. has its own unique tenant act. In fact, even some cities will have their own tenant act and one should always check to see which jurisdiction dictates their rental contract. Although there can be many different versions of a tenant act in America, it can be said that they are overwhelmingly similar in terms of principle. Below, you will find the basic fundamentals of a tenant act which will apply to a lease in any part of the country. You should read through them and make sure that your lease is in compliance with the statues of the tenant act.
Discrimination – tenant act – A tenant act will clearly mention that landlords cannot discriminate against tenants living in a property. For example, it would be illegal for a landlord to terminate your lease if you brought in a person from another nationality, color or country of origin. The clauses in a tenant act will also prohibit discrimination against age, marital status and sexual orientation as well.
Rent increase – tenant act – Some rental properties in the U.S. are subject to rent control. When a property is rent controlled, the tenant act of the local rent control board will apply to the property. Some rent control boards will have very specific rules about issues such as rent increases; grounds for eviction etc and a lease should always comply with the tenant act set forth by the rent control board. For properties that do not have any rent control, a tenant act will generally prohibit the landlord from increasing rent during the course of a lease. Landlords may increase rent at the end of the rental period although they will have to provide a notice period that will be set forth by the tenant act that is applicable to the property in question.
Evictions – tenant act – According to a tenant act in any state in the U.S., a tenant may only be evicted after the authorized district court has issued an eviction order. The tenancy law in most states will also require the landlord to provide a notice to evict or a notice to quit before they file an eviction case in court. When an eviction case is heard in court, a tenant act will usually allow the tenant to present their case before the judge. The judge will then decide on the case. If the tenant loses, the judge will give out an eviction order that will be carried out by the sheriff who will be able to forcibly remove the tenant and their personal belongings from the rental premises.
Notice periods – tenant act – A tenant act will usually specify a recommended notice period that shall be applicable to both landlords and tenants. For example, if a landlord or a tenant does not wish to renew a lease, they will have to provide each other with a notice that will inform the other party about their decision to terminate the lease in the future. This notice period varies from state to state and one will have to check with the local tenant act to see what applies to their particular rental situation.