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Renters Rights, Tenant Rights, Protection, and Laws

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Your Legal Help Source for 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.

 

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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.

Renters 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.

Renters Rights Florida

  1. Refuse to rent to you or sell you housing.

  2. Tell you housing is unavailable when in fact it is available.

  3. Show you apartments or homes in certain neighborhoods only.

  4. Advertise housing only to preferred groups of people.

  5. Refuse to provide you with information regarding mortgage loans, deny
    you a mortgage loan, or impose different terms or conditions on a mortgage loan.

  6. Deny you property insurance.

  7. Conduct property appraisals in a discriminatory manner.

  8. 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.

  9. Fail to design and construct housing in an accessible manner.

  10. 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, pregnancy, marital
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 writing or
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 specify all
rules and fees that he plans to impose.

Oral Leases and Periodic Tenancies-
An oral agreement means that you do not write anything down. Oral leases
have the advantages of being uncomplicated and usually do not commit the
tenant for the summer, when most college students leave town.

Written Leases-
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.

The following clauses are not valid in a lease agreement-

Exculpatory Clause-
This type of clause relieves a landlord from any liability resulting from a negligent or wrongful act committed by the landlord.

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 shorter.

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.

Renters 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 unpaid rent.

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 heat.

If you have encountered any problems with you Landlord fill out the Renters Rights form and we will contact you as soon as possible.

Renters Rights Arizona

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 refundable.

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 provide Legal Help in Las Vegas Nevada, Seattle, Renton Washington, Phoenix, Tucson Arizona, Sacramento, Los Angeles, Stockton, San Francisco, Irvine, San Diego, Pleasanton California, Dallas, Houston, San Antonio, Richardson Texas, New York, New Jersey, Boston Massachusetts, Florida, Portland Oregon, Michigan, Ohio, North Carolina, Atlanta Georgia, & Nationwide.

Thank you for using Legalhelpnow.org for all you legal issues. We look forward getting you the proper Attorney to assist you.

 

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