Even when you’re renting an apartment month-to-month, without a rental, you still have rights that your landlord is legally bound to honor. The federal government offers your local and state authorities, and tenants some protections may offer more. Knowing what your rights really are is the first step toward understanding if your landlord is taking advantage of you.
Fairness
By federal law, landlords can’t refuse to rent to you or treat you differently from other renters because of gender, race, religion or national origin, the Nolo legal website says. Some countries provide added protection: California doesn’t permit discrimination based on characteristics such as personal appearance or sexual orientation, as an example. The anti-discrimination rules also require landlords to screen tenants alike rather than, say, asking only minority tenants when they have a criminal record.
Livable
Every lease comes with an implied warranty of habitability, the California Department of Consumer Affairs says: The distance has to be fit for people to live in. Including having working power, plumbing and heating, working bathrooms, emergency exits and entry doors with working deadbolts. If the rental needs significant repairs after you proceed, or becomes infested by rats, you are entitled to have the landlord fix the problem promptly.
Intrusions
Although the landlord owns the building, he can not enter your apartment or rental house whenever he desires, Nolo says. Unless it’s a crisis, landlords may enter your lease only to make repairs or show the apartment to new tenants, or when you give permission for accessibility. Back in California, your landlord should give you 24 hours notice before entering.
Changes
In case you’ve got a month-to-month arrangement, the DCA says, your landlord may raise the rent when he chooses, but he should give you 30 days notice. In case you’ve got a long-term lease, the rent is fixed, and the landlord can not make big changes to the rental terms without your agreement.
Endings
Every state has an eviction process your landlord must follow; even in the event that you’ve stopped paying the rent, she can not simply change the locks while you’re at work without advance notice. If you are in a month-to-month arrangement, you are entitled to at least 30 days notice that you need to leave; if you’ve got a rental in effect, your landlord will need to go to court for you evicted, Nolo states.
Solutions
If you believe your landlord has denied you your rights, then the DCA says, there are multiple places you can turn to for relief. These include local home services, tenants-rights groups, consumer-protection agencies and the local district attorney’s office.