Unfortunately, disputes between landlords and their tenants are not uncommon, and because they involve tenants' homes they can often become emotional. Getting into a lawsuit with your landlord is never fun, and so, in order to prevent unnecessary disputes, it is helpful to know your rights as a tenant.
The relationship between a landlord and a tenant is governed by the terms of the lease. Most landlords will insist that you sign a written lease. Before signing, read the lease carefully. Generally, all of the lease terms, including the amount of rent, the place where payment is due, the procedure for requesting repairs, etc., can be enforced as written.
A landlord has the obligation to provide tenants with certain things. For example, a landlord must insure your "quiet enjoyment" of the property you lease. "Quiet enjoyment" means that you not only have a right to peace and quiet but it also means that your landlord cannot evict you or otherwise disturb your right to live in peace as long as you pay your rent and follow the rules. Also, a landlord must repair conditions that materially endanger a tenant's health and safety, or that make the property unfit to inhabit. A landlord must do certain things to protect tenants, such as providing residential tenants with smoke detectors, deadbolts on exterior doors, and a peephole.
The question of repairs is often contentious. It is important to understand that, even if a landlord refuses to make a necessary repair, you cannot simply not pay your rent. Instead, you must mail the landlord written notice of the problem by certified mail and give him a chance to fix it. If your landlord still refuses to make the repair, you may be able to end the lease, repair the problem yourself and deduct the amount due in rent, or have a court order that the repairs be made. Because the procedure for doing this is complex, it is best to consult a lawyer before trying this remedy.
A landlord must refund to you any security deposit you have paid, unless he has a valid reason for keeping some or all of it. A valid reason for keeping a deposit includes paying to repair damage to the property, although the landlord cannot charge you for normal wear and tear. Your landlord must refund your deposit within 30 days after you move out, as well as provide you with a list of deductions and the reasons for them. You are required to give him your forwarding address in writing.
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