What are the rights of the tenant when renting?

Answer 1

Local laws and rules vary widely, but you typically have the right to written notice of the reasons, some period to correct the problems, and some date by which you must leave, all administered by a local court (or perhaps another government agency).

Tenant protections often depend upon whether it is a private or commercial lease or a tenancy at will, written or oral, how long it has gone on, etc. For example, a simple "guest" for a month might be evicted as a trespasser if there is no indication it was ever a "tenancy".

A landlord may be required to seek a court order to have you and your belongings physically removed by local authorities after fulfilling all legal obligations to the tenant. There may be provisions for whether the landlord is required to put your belongings into storage and the maximum time in which you must claim and remove them or they will be auctioned to the public. Other rules may specify the conditions under which your so-called "security deposit" can be debited, and that you must be given a specific accounting of each disbursement (i.e., rent, repairs). Certain classes of tenants may also have special protections from abrupt evictions (e.g., those who are disabled, have young children, are on welfare, are in the military, are students in a dormitory, etc). There may also be "anti-retaliation" limits, if a tenant has reported landlord violations, such as a presumption of retaliation if such a tenant is evicted within six months, and a tenant might argue this during the eviction process to obtain an extension on the date to vacate. 562A.24 LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION FOR POSSESSION OR RENT. 1. In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for an amount which the tenant may recover under the rental agreement or this chapter. In that event the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If rent does not remain due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit and is not raised in good faith the landlord may recover reasonable attorney's fees. 2. In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection 1, but the tenant is not required to pay any rent into court.

Answer 2

There are ZILLIONS of rights. The property owner has to keep the apartment safe - that means things like smoke detectors and working locks. S/he is responsible for repairing EVERYTHING that breaks on you, unless the item is your property. If the apartment CAME with a refrigerator, for instance, and it breaks, THEY fix it, not you. That is the law. There must be no health hazards, such as pests. The apartment must also be "up to code" - that means the Plumbing, carpentry, electrical, etc., all must be done by the book and safe to operate. The owner is also not allowed to enter your apartment without your permission, unless there is an emergency such as fire or a broken pipe. You have privacy rights. You also have something called "covenant of quiet enjoyment". That means as long as you're not being disruptive, loud, unlawful, etc., you may do whatever you wish in your place. A property owner CANNOT evict you in retaliation for making fair requests. If the washer breaks and you tell them to repair it, your landlord cannot evict you out of revenge for asking. These are your basic rights, but there are others. These basic rights are generally the same in every state. There are other rights that VARY FROM STATE TO STATE. If you have questions about them, contact the Department of Housing and Urban Development in your state, at: www.hud.gov

Answer 3

Landlords can evict for a number of reasons, some commmon ones are:

If the tennant fails to pay rent

If the tennant damages the property

If the tennant commits any criminal activity on site

If the tennant creates a nuisance for other tennants (noise, smell, etc)

If the tennat breaks any of the rules specified in the lease ageement

(this applies equally to any guests or people who live with the tennant)

Answer 4

Unfortunately, the landlord has the right to receive payment from you, the tenant, on a timely basis, regardless of any reason you might not be able to pay it. But the landlord cannot evict you illegally. Unless you live in a hotel/motel or anything other than a residential apartment or house, most states require that a landlord begins and follows the steps for eviction proceedings before you can be forced to leave your home.

And in most states, if the eviction proceedings are begun due to nonpayment of rent, those proceedings can be very quick in comparison to eviction proceedings filed for violating the terms of your lease.

The best thing for you to do in the case where you're an insolvent is to look for help through agencies such as your local community action program or County human services, or other nonprofit charity groups. Remember, your landlord is a private individual or entity, and is entitled to be paid for his services.

Answer 5

An eviction is a court proceeding in which a landlord is trying to remove a tenant for violating the terms of the lease, which could include nonpayment of rent; or for remaining on the premises after proper notice was given of termination of tenancy. Each state has its own rules by which an eviction process takes place. Most states require that the landlord give proper notice. The procedure for proper notice depends on whether the eviction is for nonpayment of rent or for violation of the terms of the lease. In the case of the former, the notice is usually a 3 to 5 day notice before the landlord can file such proceedings in court. In the case of the latter, the notice is either seven, 14, or 30, depending on the severity of the violation of the lease or where the landlord has decided not to renew your lease or otherwise terminate your tenancy.

Answer 6

Renters rights in an eviction