Introduction

Tenants' Rights

The rights of tenants in most States are protected by a variety of laws. The following is a brief compilation of the basic rights of tenants in one State as granted under that State's laws. The actual laws in each and every State should be consulted for verification. this guide is not offered as a substitute for seeking legal or any other advice. Also, it does not include any information about any "Rent Control" and "Rent Stabilization" regulatory systems that may operate in some cities, or counties or other municipalities of some States.

This guidebook is based upon certain State and City residential landlord/tenant law subject to change at any time through court decisions and legislation. Because the laws vary from state to state and city to city, and because all laws are subject to change, the tenant-landlord rights discussed and the information in this handbook does not constitute legal or any other kind of advice. There is no assurance that the information contained herein applies to your State, City or other municipality. this information is meant to serve only as a general guide and is not intended to be used as a substitute for seeking advice from an attorney or other qualified legal and housing professionals. Any and all information contained in this guidebook must be verified for accuracy.

This guidebook can prove to be a valuable guide to assist tenants and landlords in averting trouble before entering into a lease as well as in answering questions which may arise during the lease period and upon termination of the lease. It is strongly recommended that an attempt be made by both tenants and landlords to initiate communication to work out differences before seeking outside help. Not-for-profit community organizations, legal services and/or legal aid organizations and other community groups which specialize in tenant-landlord matters be able to assist tenants and landlords in resolving differences which the parties are not able to resolve.

We hope that this guidebook is helpful to you. Tenants have important basic rights under Federal, State and most municipal laws which entitled tenants to livable, safe and sanitary dwellings.

To Top

SECTION 1

Livability

Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this right, or right of habitability. Public areas of the building are also covered by this right. In this state, this right also applies to cooperatively-owned apartments. this right makes the landlord responsible for keeping habitable the public areas of residential buildings (entrance-ways, lobbies, hallways, etc.) as well as the private areas (individual apartments). The landlord is also responsible for maintaining required or agreed-upon services:

1. Every rental agreement between a landlord and a tenant, written or oral, is a contract, under which the landlord guarantees that the premises are and will be maintained in a habitable state. Under this right, there is an implied responsibility for the landlord to maintain the tenant's apartment in safe, habitable condition, with accompanying services.

2. Neither the landlord nor the tenant can agree to waive or modify this right.

3. Expert testimony is not required (as it is in other kinds of damage claims) to determine the amount of rent abatement when there is a violation of this right.

4. The protections of the law do not apply where violations are caused by the tenant or someone under the tenant's control, even though the landlord may still be legally required to repair these conditions. In addition there are limitations on the amount of abatement a tenant can collect when a breach of this right is the result of a labor dispute.

Tenants' are entitled to those services, whether required by law, or the lease (or oral rental agreement), or reasonably intended by the parties to the lease to be supplied by the landlord. In return, the landlord is entitled to the rent.

When services are not provided, the tenant has the implied right to withhold all or a portion of the rent. The landlord may then sue the tenant for non-payment of rent, but a breach of this right may be used by the tenant as a defense and a counterclaim. Alternatively, the tenant may sue the landlord to enforce this right and for damages. When the law does not define specific standards of habitability, the courts may apply broad interpretations.

Tenants have a right to expect not only shelter but a package of goods and services including adequate heat (or a heating system if the tenant is responsible for paying for heating fuel or utilities), hot water, light and ventilation, plumbing, secure windows, doors, ceilings and walls, proper sanitation and maintenance. The tenant can legally expect the leased premises and the areas within the landlord's control to be habitable at all times during the term of the tenancy.

To Top

Examples:

The following are some examples of a violation of this right to livability:

• vermin and/or rodent infestation
• failure to provide heat and hot water as required by law
• hazardous conditions caused by construction or renovation
• noise from construction or renovation, or from unreasonable neighbors
• failure to secure a premises from theft and burglary (generally, a secure front door and working intercom)
• water leaks in ceilings, defective ceilings, leaks around windows deprivation of janitorial services defective appliances, such as stoves and refrigerators.

Document

Before negotiating with the landlord or appearing in court regarding building conditions that violate the right to livability the tenant must be prepared to prove the violation of this right:

1. Report in writing all conditions to the landlord and management.

2. Take photos of the violations. A way to prove in court when the violation existed is to include in the picture a banner headline from a tabloid newspaper alongside the violation. Bring the picture and newspaper to court. this prevents the landlord from claiming that the photo is old and that the condition has been corrected.

3. Report all violations to the appropriate municipal, county, or state agencies and housing officials, asking for whatever relief is available. Get certified (official) copies of code violation reports. In some states and cities, the courts have computer terminals in many courtrooms, so judges have instant access to city data on code violations. The law allows such data as evidence during trial.

4. Document all correspondence by sending it certified mail, return receipt requested, and keep photocopies.

5. Document heat complaints with temperature readings taken throughout the day, both inside and outside.

Editorial Note: There is no guarantee that tenants will succeed in getting repairs or rent abatements, because some judges may refuse to enforce this right.

To Top

Withholding rent

If tenant-landlord negotiations fail to get violations corrected, affected tenants may decide to withhold rent. Courts have recognized this right as a defense to landlord's claim of a tenant's non-payment of rent. Before appearing in court regarding building conditions that violate the right to livability, tenants must be prepared to prove the violation of this right:

1. If violations are building-wide, document the conditions, organize affected tenants to withhold rent collectively and appear in court to support each other. While, generally, there is no minimum number of tenants needed to take collective action but the more the better.

2. Give written notice to the landlord or management company as described in the section above, relating the conditions the tenants are experiencing. Also give notice of the tenants' intention to withhold the rent if corrective actions are not taken within a specified time.

3. Report all violations to the appropriate municipal, county, or state agencies and housing officials.

4. Only consider withholding rents, collectively or individually, as a last resort if no corrective actions are taken.

Editorial Note: Before withholding rent, it is very important to get expert advice on rent withholding procedures from a community organization, legal services or legal aid provider, or a tenant attorney.

Sue the Landlord

Instead of, or in addition to withholding rent, tenants generally have the right to sue the landlord for damages, and/or get an order to make repairs. this can be a costly and lengthy process, however. The tenant or tenants, as petitioners, take a landlord to court for failure to make repairs. The court may send a housing inspector to confirm the tenant's complaint, and if confirmed, will order repairs and sometimes civil penalties if the landlord fails to comply.

To Top

SECTION 2

Maintenance

Landlords of multiple-dwelling buildings (the minimum number of units varies from state to state) must keep the apartments and the buildings' public areas in "good repair." Landlords are required to maintain electrical, plumbing, sanitary, heating, and ventilating systems in good and safe working order. Landlords must also keep in good working order appliances they install, such as refrigerators and stoves. Landlords also have a legal duty to keep every part of a multiple-dwelling clean and free of vermin, dirt, garbage or other offensive material.

Heat & Utilities

In most states, in multiple dwellings where centralized heat is included in the rent, heat must be supplied during specified "winter" season to tenants in multiple dwellings if the outdoor temperature falls below a number of specified degrees.

Before signing a lease in which the tenant is required to pay for individual heating and cooling bills, prospective tenants should ask for, and are generally entitled to receive, a complete set or summary of the past two years' bills. These copies should be provided free upon written request.

When the landlord of a multiple dwelling, in which centralized heat is included in the rent, is delinquent in paying utility bills, the utility must give advance written notice to tenants and to certain government agencies of its intent to discontinue service. Service may not be discontinued if tenants pay the landlord's current bill directly to the utility company. Tenants may deduct these charges from future rent payments. The Public Service Commission can assist tenants with related problems. If a multiple dwelling's landlord fails to pay a utility bill and service is discontinued, tenants can receive payment for damages from the landlord.

Tenants should report all violations to the appropriate municipal, county, or state agencies, housing and public service officials.

Guide to Tenant Rights, Continues

For additional tenant resources, browse our Housing Management Guide a housing management handbook for Federally-assisted elderly housing. On the web, please visit: TenantNet for comprehensive information and assistance for residential tenants.