What Are the Rights of Tenants
Tenants have rights under both local and federal laws, and these rights can vary widely from state to state and municipality to municipality. Generally speaking, laws regulating the relationship between landlords and tenants tend to be more restrictive on landlords. Even so, there are some regulations that restrict the rights of tenants.
With only a few exceptions, all leases or rental agreements which landlords and tenants enter into generally are required to comply with both local (state or municipal) and federal law standards . These laws create your basic "tenant rights" – or what you as a tenant are entitled to expect from your living environment such as safety and privacy, and protections against discrimination or lease violations.
In addition, landlords must comply with rent laws and housing codes, which regulate aspects such as how much rent can be raised, what notices the landlord must provide to the tenant, lead-based paint disclosure, and those listed above. Even if a lease or rental agreement attempts to alter a tenant’s rights in contravention of law, the landlord cannot enforce such terms and the court will not recognize them.
Common Legal Problems for Tenants
Common legal issues for tenants include eviction, lease disputes, and security deposit issues. Eviction can be a stressful process for landlords and tenants alike. Landlords unfamiliar with the eviction process or laws are susceptible to wrongful eviction litigation. Similarly, some tenants believe they are entitled to a rent reduction due to alleged problems with the apartment or house. In these situations, the tenant should seek to resolve the dispute through rent abatement requirements in the contract or with the owner. If the tenant and owner cannot come to an agreement, the tenant may bring an action in court to recover an amount of past rent as a reduction in rent.
Disputes regarding the payment of security deposits are almost as common as lease disputes. Typically, when a lease ends, any deposit paid is returned to the tenant. Occasionally, however, the landlord will refuse to return the deposit because of unpaid rent or costs associated with damage to the property. These disputes often result in court cases to recover the security deposit. Like the rent abatement actions mentioned above, these disputes can also be handled by the parties themselves without involving the court where the tenant and landlord are able to enter into an agreement regarding the security deposit.
Where To Get Free Legal Help for Tenants
There are several places that tenants can turn to for free legal advice and assistance. As mentioned above, your local legal aid society is a good place to start, whether you will be eligible or not. The national legal aid website allows visitors to input their zip code to be directed to the nearest legal services provider. Chances are, they will be happy to get you on the phone with someone who works there to help assess whether you qualify for their services.
Some tenant unions also offer free legal advice, or money to be used toward legal representation. The Tenant Organizer’s Network website has a list of participating organizations throughout the country.
Finally, Nolo maintains a list of free legal resources that are available online. There are numerous options there for a variety of issues, including eviction. The state-specific nature of the resources provided means there are some overlaps with those provided here, but they also include a few items not found on this post.
How To Get the Most from a Legal Consultation
A free legal consultation is meant to be an open dialogue between a tenant and their solicitor or legal advisor. But without a solid understanding of the relevant problems at play, tenants can find themselves leaving the consultation feeling confused and unclear on the next steps they need to take. The good news is that there are plenty of tips you can follow that will help you arrive at the consultation with a clear understanding of your legal situation, as well as how to proceed moving forward. Before your consultation, you should: Your legal advisor will access your unique facts and provide you with the best possible solution. Therefore, the more information and documentation you can provide, the smoother the consultation will go. Your legal advisor will likely ask you questions on top of the facts and documents you provided. Therefore, you should prepare in advance so you know exactly why you are seeking legal advice and what your goals are. Research what legal rights you have in your current situation and your options moving forward. This will provide you with a good foundation of information and terminology before you meet with your solicitor. Don’t feel overwhelmed if you don’t understand all the legal terms your solicitor uses throughout your consultation. Understand that many legal concepts are complicated and can’t be fully explained in just one meeting. If you require further assistance at any point, ask for clarification. By following these tips, you’ll leave your free legal consultation with a firm understanding of your options and a clear idea of the next steps you need to take.
The Advantages and Disadvantages of Free Legal Advice
The availability of free legal advice is a controversial topic in many legal practice areas. On the one hand, advertisers promote free consultations from local attorneys, and on the other hand, some legal professionals feel that these offers dilute and devalue the legal profession. Discussing the pros and cons of seeking free legal advice can be a complicated subject.
It is important to note when weighing the pros and cons of free legal advice that websites promoting access to free legal advice do not apply universally. Following are the few basic advantages and disadvantages of seeking this type of advice:
• Pro: Free legal advice may mean a simple question can be answered in a short conversation without the need to pay for a paid consultation.
• Pro: Legal advice may be offered online , in person, or by telephone.
• Pro: The information may help a tenant determine what their options are, and whether hiring an attorney is a smart next step.
• Con: The information may be too simplistic to address the legal issues a tenant is facing.
• Con: The information may only be useful to assist with a small issue, rather than the relatively bigger problem of eviction without adequate housing alternatives.
Questions To Ask Your Tenants’ Lawyer
The following are questions that a tenant should ask a legal advisor:
What are my rights?
The Law
The lease
Discrimination
Credit history
Other policies
What are my options?
Negotiating with the landlord
Supplemental tenants
Mediation
Filing a lawsuit
Asking for a fee waiver
Do I have any defenses to my eviction?
Possession of the rental unit
Actually paid rent
Enough notice
Repairs
Before the trial
At the trial
Paying back rent
Should I consider ending the lease or moving out right away?
No fault eviction
Lease breach
Unsafe or unsanitary unit
Privacy rights
If the landlord sues, what should I do?
Respond to the lawsuit
Get a lawyer
Prepare the case
At the trial
If I defeat the eviction, will the landlord raise my rent or try to evict me again?
Rent increases
Second eviction lawsuit
Can I take part in a rent control program in my area?
Find the program
Apply for a program
Legal assistance is available in English, Spanish, Arabic, Chinese, and many other languages.
What To Do after Getting Legal Advice
Once you have had legal advice, there is more work to be done and you need to act on the advice that has been given. The general steps are:
- Write up a summary of what the solicitor said and your case. This is important because time can lapse and memories (and potentially facts) fade. You can do this on a point by point basis, but I find a bullet point list is best. It is also useful to record any issues that arose during the interview or subsequent communications with the solicitor.
- Make a plan for what you intend to do in light of the advice. Consider the following steps:
- Where further action is needed you will need to write to the landlord and/or Managing Agent, giving them notice of opportunities you have taken to resolve the issues with them directly.
- Make sure you monitor the issue you are raising. I know some people work in small, family run firms and can get a good response from them , but if you don’t, as soon as you get inside the property, follow up the issues you are concerned about by emailing the landlord or their agent and reiterating the issues a few days after the advice. If nothing happens in the next two weeks, consider taking a witness with you to discuss the issues again with the landlord and/or Managing Agent while specifying that your rights are reserved. Keep notes on what is said and again follow up with an email within a few days noting the points raised and whether any issues have been resolved since your last email.
- Make sure that you keep records of everything you send to the landlord – emails, letters and so on, including dates and costs (for reference and to demonstrate that the costs of enforcement are appropriate should you bring a claim in the future).
- As you go along make sure that you keep up to date with the next steps you should take and how the process works.