Tenants Rights in Regards to Privacy, Evictions and Habitability
There are several tenants rights that come into play in a rental arrangement. This article will discuss tenants rights in regards to privacy, habitability and the eviction process as a lot of rental disputes concern these three issues. Now, let us get into some more detail about these specific tenants rights.
Privacy and quiet enjoyment – tenants rights – One of the most basic tenants rights is that tenants should be able to enjoy a rental property without being disturbed by other neighbors or the landlord themselves. The rental property should be free of disturbing noises, odors or any other form of distraction that might affect the peace and quiet of the tenant. Also, tenants rights will protect the tenants against intrusions from the landlord. A landlord cannot simply enter a rental property to check up on tenants. They may only do so to carry out valid repairs or inspections and may also enter a property to show other clients the rental property. Even for these valid reasons, tenants rights guidelines will require the landlords to provide a notice period of about 24-72 hours, depending on the particular state law that is applicable. If a landlord harasses a tenant or intrudes on their privacy without providing notice, tenants rights will allow tenants to break the lease or even press trespassing charges against the landlord for an illegal entry. In fact, the tenants rights in some states will even allow the tenant to make a citizen’s arrest of the violating landlord.
Habitability – tenants rights – Tenancy law in all states will give all renters a set of specific tenants rights that relate to habitability. According to these tenants rights, renters can expect some basic amenities in an apartment such as adequate heat, running water, good plumbing, working smoke detectors, working locks, secure doors and windows and so on. These tenants rights in regards to habitability varies from state to state and some states will require landlords to also provide fire extinguishers, deadbolts and fire exits in addition to some of the basic amenities mentioned above. If a landlord fails to provide a habitable environment, tenants rights will allow tenants to break the lease without any liabilities or without having to pay rent. Also, tenants rights will allow the tenant to deduct from the rent payment and pay a reduced amount of rent until the landlord carries out the repairs that will bring back the apartment to a habitable condition.
Eviction proceedings – tenants rights – Many tenants are unaware of the fact that an eviction can be carried out only if the landlord is in possession of a court issued eviction order. Therefore, tenants rights will allow renters to sue landlords who lock tenants out of their apartment without getting an eviction order form a court. It is also illegal and against tenants rights for a landlord to shut off utilities or other amenities to a tenant’s apartment if they do not have a court issued eviction order in their hands. Only the sheriff’s department has the right to remove a tenant and their personal belongings and a sheriff’s department can be called in only when the court issues a formal eviction order.