RENTERS' RIGHTS
rights vary from state to state. California has the best rights for renters.
Are there laws covering how much rent a landlord can charge, and when
the rent must be paid?
Your landlord may charge any dollar amount for rent, except in certain
areas covered by rent control. (States with some areas covered by rent
control include California, the District of Columbia, Maryland,
Massachusetts (until the end of 1996), New Jersey and New York.)
My apartment badly needs repairs. Isn't it the landlord's
responsibility to keep things in good working order?
Landlords in all states except Alabama, Arkansas and Colorado are
responsible for the physical condition of rental property, both when you
move in and during your tenancy. This responsibility stems from the
landlord's duty to offer and maintain housing that satisfies basic
habitability requirements, such as adequate weatherproofing, available
heat, water and electricity, and clean, sanitary and structurally safe
premises. Even in the three states that have not adopted this
habitability rule, local or state housing laws may impose substantially
the same requirements on landlords.
All tenants have the responsibility to keep their own living quarters
clean and sanitary. And a landlord can usually delegate his repair and
maintenance tasks to the tenant in exchange for a reduction in rent. If
the tenant fails to do the job, however (or does a poor job), the
landlord is not excused from his responsibility to maintain
habitability.
11. What are my rights if my landlord refuses to maintain the property?
If the landlord doesn't meet his legal responsibilities, you usually
have several options (depending on the state), including moving out
(even in the middle of a lease), paying less rent, withholding the
entire rent until the problem is fixed, making necessary repairs (or
hiring someone to make them and deducting the cost from next month's
rent) or calling the local building inspector (who can usually order the
landlord to make repairs). You can also sue the landlord for a partial
refund of past rent, and in some circumstances can sue for the
discomfort, annoyance and emotional distress caused by the substandard
conditions. Be sure to check the laws for your state, so you know what
remedies are available to you before you take action against your
landlord.