Your Rights as a Tenant
(And Your Landlord's Rights)

In most cases, renting an apartment should pretty much be smooth sailing. It's a rarity that things will go south and sour the relationship. At the end of the day both parties have good reason to keep things amicable and on the level. Things have been known to take a turn for the worse in some situations, so it really pays to know what your rights and responsibilities are for the duration of the lease agreement.

Your responsibilities: Long story short, you need to act like a grownup. You don't own the place and you're probably not alone in the building, so act accordingly. Specifically you need to:

  • Keep the place clean
  • Put the garbage where it belongs and in the proper containers
  • Use electrical and plumbing fixtures as directed
  • Abide by local housing, health and safety rules and regulations
  • Don't damage the apartment or disturb the neighbors
  • Don't let your friends do those things either when they're at your place
  • Use the appliances with care
  • Tell your landlord when the place needs some repairs
  • PAY THE RENT ON TIME!

Your landlord's responsibilities: While you've got responsibilities as a renter, you've also got rights. For the most part, a landlord is responsible for the following:

  • Following health and safety regulations
  • Maintain the property — it needs to be in good condition
  • Keeping common areas safe, clean and livable
  • Maintaining fixtures — all electrical, plumbing, heating and air units that your landlord provides or is required to provide
  • Provide and maintain any garbage cans and provide trash removal where there are four-or-more units on the property
  • Supply running water, hot water and heat at all times unless separate heating or hot water units for each unit and utility fees for the heating and hot water are paid directly by the tenant to a public utility company.
  • Giving you 24-hours notice before entering the apartment and at reasonable times — unless, of course, there's an emergency
  • Never abusing the right to enter

There are some things that your landlord can NEVER-EVER do, no matter what the situation is. Your landlord can not:

  • Shut off utilities
  • Take things that belong to you
  • Lock you out until you pay rent
  • Raise rent or threaten to evict you for taking legal action
  • Harass you with repeated visits to your apartment

Dealing with problems: If your landlord isn't living up to their end of the lease agreement, there are options. You can sue, either for money or to force your landlord to make a required repair. Start by sending this notice to the same place you send your rent checks. Your landlord is required to make those repairs within 30-days time.

If your landlord STILL doesn't hold up his end of the bargain, you have more options. Do NOT stop paying the rent — you're still liable for that. If you do want to keep the landlord from collecting the rent, here are your options:

  • Drop off your rent at the clerk of courts each month. They'll hold onto it until your landlord makes the necessary repairs.
  • Ask the clerk of courts to legally force your landlord to make the repairs. They may even decrease your rent for the time period the repairs are not made.
  • Move the heck out — Life is short, and sometimes you'll find these things aren't worth it. Just don't forget to give them proper notice that you're moving out.

Eviction: If you pay your rent and live up to your end of the lease agreement, this is a non-issue. If you do default the landlord has the right to force you to leave. First you'll get a written eviction notice, after which the landlord can file that notice in court. If the landlord wins the suit and you still don't leave, they can have local law enforcement remove you from the property. And if that's the case, you better start packing your bags.

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