As landlords learn to be better landlords and tenants learn to be better tenants, frustrations, costs, unnecessary complexity, and animosity wane from the historically bitter tenant/landlord relationship, breaking new ground in the way rent is approached. Let's begin making this world a better place, one renter and one landlord at a time with the fundamentals - basic tenant rights.
The following review of rights will hopefully provide a basis on how to act in certain situations, be you a landlord or tenant. The goal today is to shed light on how to prevent mishaps and act appropriately when mishaps do occur without ever overstepping the legal parameters, designed to protect both landlords and tenants under the cloak of Tenant Rights. Let's start with the tenant selection process - don't discriminate!
No Discrimination - It is illegal to reject tenant applications based on discriminatory reasons, set forth by the Fair Housing Act. Discrimination based on the following is illegal, (so don't get the Department of Justice on your back) race, color, religion, national origin, age, familial status (children, pregnant), physical or mental disability.
Obvious enough, right? Think again. How many times have you heard "I only want girls living here; boys are too messy." Maybe, you even heard the sentence flipped around. Regardless, the gender stereotype is insufficient to circumvent discrimination laws, and it is illegal to operate in this fashion. In fact, it is even illegal to advertise in any discriminatory way. There is, however, an exception to the rule worth noting - Landlords with 4 or fewer rental units are exempt from such discriminatory laws, so spare yourself the litigious thoughts if you got rejected by Mrs. Smith who won't rent you her basement (her only rental) because you are a 21-yr old, male, student/party connoisseur.
Other exceptions to the rule include housing specifically designed to meet certain needs of certain people. Example: retirement home, low income housing etc.
Next, the tenant has a right to "Habitable Premises." Here's another deceptively dicey one. As it may, again, seem straightforward and obvious that all living conditions must be safe and clean for tenant use, it is often mistaken by the tenant that a gross infestation, for example, of rats or cockroaches is justification for breaking the lease. This, however, is not always the case. If the infestation or poor living condition is a result of the the tenant's lifestyle, than the tenant is financially responsible for the correction, and it provides no grounds to legally break the lease agreement. It is however, the landlord's responsibility to respond to a tenant request regarding the treatment of the inhabitability issues, but the bill may be forwarded from landlord to tenant.
Landlords with 4 or fewer rental units are exempt from such discriminatory laws
ReplyDeleteHi this is very incorrect statement!(unless the law has been changed in the past few months) There is a law in MA that allows OWNER OCCUPIED/second homes units to do something of this form(still its very sketchy). HOWEVER most federal laws will supersede this law.