What Are Renters Rights? – An Explanation of Common Tenancy Rights
Just as the title of this article promised, the passage below will try to answer the question “what are renters rights?” that are available to a tenant in the United States. Now, people must understand that the answer to the question “what are renters rights?” will vary slightly from state to state as every state in the U.S. has its own version of tenancy law. However, it would be safe to say that most of these state tenancy laws are quite similar in nature with only minor or inconsequential differences. Without much further ado, here are a few important answers to the question “what are renters rights?”
Security deposit and their refunds – what are renters rights? – Every state government will allow a landlord to collect a security deposit although most states will limit the amount that can be charged as security deposit to an equivalent of one or two months of rent. Tenancy law in all states will usually require the landlord to hold this security deposit in an interest bearing account at a bank. The landlord in some states will have to disclose the information of this bank account to the tenant although they need not necessarily provide the tenant with access to the account. At the end of the tenancy, the landlord may have to refund the security deposit with any accumulated interests although some states will allow the landlord to keep the accumulated interest. If the landlord is making deductions to the security deposit, they may only do so to pay for any repairs that are explicitly caused by the tenant’s usage of an apartment. Hence, landlords will not be allowed to hold back the security deposit or make deductions to it to pay for routine maintenance or wear and tear repairs.
Eviction procedures – what are renters rights? In every state in the U.S., a tenant has the right to fight their eviction case in court before the judge hands out a final eviction order. It is illegal for landlords to throw tenants out of their property without a court issued eviction notice. This is true even if the tenant is clearly guilty of not having paid any rent or for not having adhered to the terms of a lease. An eviction process in court is usually preceded by the serving of a notice to evict and every state will usually list a specific process through which an eviction is supposed to be sought from the court of law.
Increase in rent – what are renters rights? Typically, renters laws will disallow landlords from increasing their rent during the middle of a lease term. However, they can increase rent on a periodic tenancy or a tenancy at will by providing a notice period that will equal one renting period. For tenants on a fixed lease term, the landlord may only increase the rent at the end of the rental period and will also have to provide necessary notice before increasing the rent. If the property is subject to rent control, the landlord will have to seek approval from the rent control board before implementing the change in rent on their tenants.