- Anytime a rental application is rejected, you have a right to know why. Discrimination is illegal and the landlord cannot refuse you application due to race, color, sex, age, religion, national origin, physical disability or sexual orientation. A landlord cannot lie and say an apartment is not available when it is, or end a tenancy for discriminatory reasons. Harassment by the landlord is also against the law. A landlord's refusal to rent to you because of a trained helper-animal is a violation of the Americans with Disabilities Act. If the landlord's decision to reject you is because of negative information received about you, you have a right to know.
- Your landlord must terminate the tenancy before filing an eviction. A specific notice must be given. You must either move or change what is causing the issues or the landlord can file an eviction notice. He must then prove that you are at fault, justifying the termination of tenancy. All states have their own procedures regarding termination notices and eviction papers. State rules and procedures must be followed by the landlord.
Pay Rent or Quit Notices are for those renters who have gotten behind on rent. You generally have five days to pay or move. Cure or Quit Notices are given to those who violate a condition of the lease, such as excessive noise or a no-pet clause. You must cure the violated condition or move. Unconditional Quit Notices order you to leave the property with no chance to pay or correct the lease. These are usually allowed only when there has been repeated rental violation, repeated late rent, serious damage to the property or the renter has been involved in illegal activity on the property.
A landlord can ask you to move even if you have done nothing wrong, as long as you are given a 30- to 60-day notice. You may be able to defeat your landlord in court by proving that the paperwork is not properly filled out. You may also use defenses such as a lack of maintenance on the property, poor living conditions and the landlord's unscrupulous behavior. If the landlord does win the judgement, he must give you a few days to vacate the property. If this happens, the wise decision would be to cooperate, gather your belongings and leave without incidence. - You have the right to live in habitable conditions, meaning a structurally sound building with plumbing, electric and heating systems that work correctly. The landlord is responsible for getting rid of infestations of pests such as bugs. If the conditions are caused by you, the landlord is not liable, and the bills for repair and pest control may be sent to you.
A tenants' rights group can help you to ensure habitable living conditions are met. If you find problems such as old paint, leaky faucets and worn flooring, find out if the landlord has to replace or repair them. Cosmetic repairs are not usually required, but repairs regarding structure and tenants' well-being may be. Be sure to look at your lease to find out if you are liable or if the landlord is liable for these repairs. The tenants' rights group can help you decipher your lease or rental agreement. - Find out who will be responsible for injuries suffered on the property. If there has been neglect in the maintenance of the property, the landlord may be liable. A tenant can also sue a landlord for damages to personal property because of unsafe conditions. Your tenants' rights group can provide help determining liability and finding an attorney to handle such a case.
- In order to insure your safety, speak to your landlord about promised security. There may be door locks to replace, or windows to repair. Depending on the state you live in, landlords must provide minimum safety by way of installing peepholes, deadbolts and safety glass. Look at your dwelling and see if you can detect ways for criminals to enter. It is possible you may have to make these adjustments on your own. If you cannot get the landlord to take care of his responsibility, call in help from the local government to help you negotiate with your landlord.
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