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Renters Rights, Tenant Rights, Protection, and
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Renters Rights. Are you having problems with
your landlord or apartment complex? We can HELP.
Renters Rights can get very complex depending on
the state you live. Renters Rights are different
in California to New York.
We offer a legal help service so you can
protect your rights as a renter. There are responsibilities
that landlords and apartment complex’s have to you have a
person who rents.
1. Fair Housing Act
2. Return of deposit
3. Maintaining the rental
4. Proper access notification
5. Evection notice
6. Rent increase
7. Health Hazard
All States have different laws that protect
the Tenants Rights. Below is a brief over view of some of
the States Renters Rights.
Rights in California.
Your Rental must be habitable. In California
the laws make both the Tenant and Landlord accountable for
keeping the rental in livable conditions. Your Landlord is
legally responsible to fix and maintain the rental property
so that the premises have acceptable conditions. The
California Law is very detailed in outlining what the
Landlord & Tenant is responsible for as far as repairs and
maintaining the rental.
The Landlord responsibilities to keep the
rental livable are, Effective waterproofing and weather
protection of roof and exterior walls, including unbroken
windows and doors. All Plumbing facilities in good working
order, including hot and cold running water, connected to a
sewage disposal system. Gas, heating & electric system,
including lighting, wiring, and equipment facilities are in
good working order. Adequate trash receptacles, Floors,
stairways, railings are in good condition.
There are also other renters rights in
California that are required by law for the Landlord. Safe
fire or emergency exits leading to a street or hallway.
Stairs, hallways, and exits must be kept litter-free.
Storage areas, garages, and basements must be kept free of
combustible materials. Natural lighting in every room
through windows or skylights. Windows in each room must be
able to open at least halfway for ventilation, unless a fan
provides mechanical ventilation. A kitchen with a sink that
cannot be made of an absorbent material such as wood. A
working toilet, wash basin, and bathtub or shower.
The toilet and bathtub or shower must be in
a room which is ventilated and allows privacy. Working smoke
detectors in all units of multi-unit buildings, such as
duplexes and apartment complexes. Apartment complexes also
must have smoke detectors in common stairwells. Operable
deadbolt locks on the main entry doors of rental units, and
operable locking or security devices on windows.
There are allot more Tenant Laws that
protect you, but also as a Renter you have your fair share
of responsibilities as well. California Renters Rights
go further in-depth pertaining to Security deposits,
Right of Access, Equal Housing Opportunity and more. To get
Legal Help and you want to know your Renters Rights
Please fill out the form and we will assist you as
soon as possible.
Refuse to rent to you or sell you
Tell you housing is unavailable when in
fact it is available.
Show you apartments or homes in certain
Advertise housing only to preferred
groups of people.
Refuse to provide you with information
regarding mortgage loans, deny
you a mortgage loan, or impose different terms or
conditions on a mortgage loan.
Deny you property insurance.
Conduct property appraisals in a
Refuse to make certain modifications or
accommodations for persons with
a mental or physical disability, including persons
recovering from alcohol
and substance abuse, and HIV/ADIS-related illnesses.
Fail to design and construct housing in
an accessible manner.
Harass, coerce, intimidate, or interfere
with anyone exercising or assisting
someone else with their fair housing rights.
Florida and federal law prohibit
discrimination on the basis of race, color,
national origin, sex, handicap, familial status, and
religion. Various local laws
add prohibitions against discrimination on the basis of age,
status, sexual orientation and other factors.
A rental agreement provides for the rental
of a specified place for a specific
amount of time. An agreement for a year or longer must be in
else it is invalid, but a shorter agreement can be either
written or oral. If the
agreement does not specify the rental period’s length or how
the lease will end,
then the payment schedule sets it. The landlord should
rules and fees that he plans to impose.
Oral Leases and Periodic Tenancies-
An oral agreement means that you do not write anything down.
have the advantages of being uncomplicated and usually do
not commit the
tenant for the summer, when most college students leave
A written lease contains obligations for both the landlord
and the tenant.
Unless the lease says differently, the landlord cannot raise
the rent during the
term of the lease. But, unlike most oral leases, written
leases usually commit a
tenant to rent payments for a fixed amount of time, whether
or not the tenant
lives in the apartment. In Florida, a landlord does not have
to make any special
efforts to re-rent your place if you breach the lease by
moving out early.
A written lease also minimizes disputes by
recording both parties’
responsibilities in writing. Therefore, it is important to
read the lease carefully
before signing and if any modifications are made both you
and the landlord
need to initial them.
clauses are not valid in a lease agreement-
This type of clause relieves a landlord from any liability
resulting from a negligent or wrongful act committed by the
The landlord may only free himself from
liability from situations under the
exclusive control of the tenant.
Time for Notice of Termination Shortened-
For leases of no specific duration (also called periodic
leases) parties can set a longer notice requirement, but
they may not reduce the notice requirement to a time period
Automatic Forfeiture of Deposit-
This states that the tenant will lose the whole deposit no
matter what. If you move out early, then you will be liable
for the uncompleted part of the lease, so your landlord may
take what you owe out of your advance payment.
If you as a Renter have experienced a
problem with a Landlord fill out the Renters Rights form and
we will contact as soon as possible.
Rights New York
Virtually all New York leases require
tenants to give their landlords a security deposit. The
security deposit in New York is usually one month's rent.
The landlord must return the security deposit, less any
lawful deduction, to the tenant at the end of the lease or
within a reasonable time thereafter. A landlord may use the
security deposit: (a) as reimbursement for the reasonable
cost of repairs beyond normal wear and tear, if the tenant
damages the apartment; or (b) as reimbursement for any
New York Landlords, regardless of the number
of units in the building, must treat the deposits as trust
funds belonging to their tenants and they may not co-mingle
deposits with their own money. Landlords of buildings with
six or more apartments must put all security deposits in New
York bank accounts earning interest at the prevailing rate.
Each tenant in New York must be informed in writing of the
bank's name and address and the amount of the deposit.
In order to start a proceeding to evict a
tenant, the landlord, or his or her attorney, must prepare a
petition requesting a court hearing, which must be served on
the tenant and filed with the court.
Following appropriate notice, a landlord may
bring a summary non-payment court proceeding to evict a
tenant who fails to pay the agreed rent when due and to
recover outstanding rent. A landlord may also bring a
summary holdover eviction proceeding if, for example, a
tenant significantly violates a substantial obligation under
the lease, such as using the premises for illegal purposes,
committing or permitting a nuisance, or staying beyond the
lease term without permission.
To evict a New York tenant, a landlord must
sue in court and win the case.
Only a sheriff, marshal or constable can carry out a court
ordered warrant to evict a tenant. Before a marshal may
conduct an eviction, he or she must first request that the
court issue a Warrant of Eviction. In New York City, city
marshals and deputy sheriffs are the only public officers
authorized to request a Warrant of Eviction from the court.
A landlord may not take the law into his/her own hands and
evict a tenant by use of force or unlawful means. For
example, a landlord cannot use threats of violence, remove a
tenant's possessions, lock the tenant out of the apartment,
or willfully discontinue essential services such as water or
If you have encountered any problems with
you Landlord fill out the Renters Rights form and we will
contact you as soon as possible.
Under Arizona law, your landlord has 14 days
after you deliver possession of the premises and make demand
to do one of two things:
1) return your security deposit in full; or
2) deliver to you an itemized written notice of the damages
or unpaid rent to which the deposit has been applied, along
with any remaining amount of the security deposit.
A landlord shall not demand or receive
security, however denominated, including, but not limited
to, prepaid rent in an amount or value in excess of one and
one-half month's rent. This subsection does not prohibit a
tenant from voluntarily paying more than one and one-half
month's rent in advance. The purpose of all nonrefundable
fees or deposits shall be stated in writing by the landlord.
Any fee or deposit not designated as nonrefundable shall be
Landlords may evict tenants for a variety of
reasons, however, all eviction notices must be in writing.
The amount of time a tenant has to either vacate the
premises or fix the problem, if possible, is dependent upon
the type of eviction. For example, if it is discovered you
have an unauthorized pet, the landlord could give you 10
days to either vacate the premises or get rid of the pet. If
the problem involves such things as criminal activity or
threatening other residents or apartment staff, the required
notice to vacate is 24 hours and there is no opportunity to
fix the problem. Once an Arizona eviction notice is given,
there is a very short period of time, sometimes as little as
2 days, before a trial may be held. If you receive an
eviction notice, you are encouraged to seek legal help
from a Renters Rights Attorney as soon as possible.
If you have had any of the above problems
with your Landlord. Please fill out the Renters Rights Form
and we will assist you as soon as possible.
Thank you for visiting the Renter Rights
Legal Help Page. We cover all Renter Rights issues. We can
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