Civil Litigation

Tenant Rights Cases

If your application to rent an apartment is rejected, you have a right to know why. It is illegal for a landlord to refuse your rental application for discriminatory reasons. Federal law prohibits discrimination on the basis of: Race, Color, Religion, origin, Sex, Age, Familial status (including not allowing children, discrimination against pregnant women), Physical disability Mental disability (including alcoholism).

Federal housing law prohibits a variety of discriminatory conduct:

1. Advertising cannot contain any statement indicating a preference or limitation based on any of the protected classes listed above.
2. The landlord may not make any similar implication or statement.
3. A landlord cannot say that an apartment is not available when in fact it is available.
4. A landlord cannot use a different set of rules for assessing applicants belonging to a protected class.
5. A landlord cannot refuse to rent to persons in a protected class.
6. A landlord cannot provide different services or facilities to tenants in a protected class or require a larger deposit, or treat late rental payments differently.
7. A landlord cannot end a tenancy for a discriminatory reason.
8. A landlord cannot harass you.

Tips for Landlords

1. Screen tenants. Don’t rent to anyone before checking credit history, references, and background. Haphazard screening and tenant selection too often results in problems — a tenant who pays the rent late or not at all, trashes your place, or lets undesirable friends move in.
2. Get it in writing. Get all the important terms of the tenancy in writing. Beginning with the rental application and lease or rental agreement, be sure to document important facts of your relationship with your tenants — including when and how you handle tenant complaints and repair problems, notice you must give to enter a tenant’s apartment, and the like.
3. Handle security deposits properly. Establish a fair system of setting, collecting, holding, and returning security deposits. Inspect and document the condition of the rental unit before the tenant moves in, to avoid disputes over security deposits when the tenant moves out.
4. Make repairs. Stay on top of maintenance and repair needs and make repairs when requested. If the property is not kept in good repair, you’ll alienate good tenants, and tenants may gain the right to withhold rent, repair the problem and deduct the cost from the rent, sue for injuries caused by defective conditions, and/or move out without needing to give notice.
5. Provide secure premises. Don’t let your tenants and property be easy marks for a criminal. Assess your property’s security and take reasonable steps to protect it. Often the best measures, such as proper lights and trimmed landscaping, are not that expensive.
6. Provide notice before entering. Learn about your tenants’ rights to privacy. Notify your tenants whenever you plan to enter their rental unit, and provide as much notice as possible, at least 24 hours or the minimum amount required by state law.
7. Disclose environmental hazards. If there’s a hazard such as lead or mold on the property, tell your tenants. Landlords are increasingly being held liable for tenant health problems resulting from exposure to environmental toxins in the rental premises.
8. Oversee managers. Choose and supervise your property manager carefully. If a manager commits a crime or is incompetent, you may be held financially responsible. Do a thorough background check and clearly spell out the manager’s duties to help prevent problems down the road.
9. Obtain insurance. Purchase enough liability and other property insurance. A well-designed insurance program can protect you from lawsuits by tenants for injuries or discrimination and from losses to your rental property caused by everything from fire and storms to burglary and vandalism.
10. Resolve disputes. Try to resolve disputes with your tenants without lawyers and lawsuits. If you have a conflict with a tenant over rent, repairs, your access to the rental unit, noise, or some other issue that doesn’t immediately warrant an eviction, meet with the tenant to see if the problem can be resolved informally. If that doesn’t work, consider mediation by a neutral third party, often available at little or no cost from a publicly-funded program.

If your dispute involves money, and all attempts to reach agreement fail, try small claims court, where you can represent yourself. Small claims court is good for collecting unpaid rent or seeking money for property damage after a tenant moves out and the security deposit is exhausted.