Landlord/Tenant Law

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Frequently Asked Questions about Landlord-Tenant Law

Q: Does the Fair Housing Act prohibit discrimination against minorities?

A: Yes. The Fair Housing Act makes it unlawful for a landlord or property owner to discriminate against potential renters (or homebuyers) on the basis of their race, color or national origin. The Act prohibits a variety of improper activities including, among many others, lying about the availability of property, charging more rent to minorities, or attempting to keep neighborhoods or other areas free of minorities.

Q: Do gays and lesbians have a right to live in an apartment together?

A: Currently no federal law (one covering the entire country) prohibits discrimination in rental housing on the basis of a person's sexual orientation. Some states and communities, however, do protect the right of gays, lesbians, and transgender individuals in housing opportunities. For example, some states make it illegal for a landlord to evict a tenant based upon their sexual orientation or to prohibit them from renting an apartment. The protections afforded, if any, depend greatly on the state in which the action has occurred.

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Fair Housing Rights

An important 1968 federal law called the Fair Housing Act (FHA) serves to protect individuals from unfair housing practices based upon their race, color, national origin, sex, family status or disability. If you feel as though your rights under the FHA have been violated, you need an attorney to help protect your interests and restore those rights. An attorney with experience in real estate law can advise individuals about their rights under the FHA.

The Protections of the Act

The Fair Housing Act makes it illegal for most, but not all, property owners or landlords to discriminate in rental housing. In a nutshell, the Act makes it illegal to discriminate against a person or group on the basis of their race, color, national origin or sex if that person or group makes a legitimate offer to rent a property. For example, a landlord cannot ask for a higher application fee from a potential renter based upon their race. Another protection enforced by the Act concerns family status. In short, a landlord cannot change the amount of a security deposit required, or change the terms of a lease on a case-by-case basis, because of the status of a renter's family.

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Rent and Security Deposit Issues

A lease by its very nature requires payment by the tenant, usually on a monthly basis, of a rent or fee. In any rental situation a potential tenant is also asked to provide a security deposit when first entering into a rental agreement or lease. Of course, matters are not always simple and disputes often arise between a tenant and a landlord regarding rent and security deposits. If you are caught in the midst of a dispute over rent or security deposit issues an attorney specializing in real estate law can help steer you toward a fair resolution.

Rent Issues: How Much, How Often, and How Late

Generally speaking, rental payments are usually due to a landlord on the first day of the month although it is generally legal for a landlord to require that they be paid at other times, or at other intervals. A landlord can only raise rent in a lease agreement (one that is not on a month-to-month rental) if the lease expires, if the current lease provides for such an increase or if the tenant agrees to the change.

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Termination of Leases and Evictions

When tenants and landlords enter into a lease, there is an underlying presumption that, at some point in the future, the relationship will end either through termination of the lease or some less amicable way, such as an eviction. If you are involved in a lease termination or eviction situation, discussing your options with an experienced real estate law attorney can help make sense of your rights and obligations.

Get It In Writing

First things first. A rental agreement or lease should always be in writing. The document, no matter how long, should contain information on the amount of rent due, the due date for rent, the date the lease expires, and the general rights and obligations of the parties such as how many individuals may live at the property, whether pets are allowed, and who pays for basic utilities.

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Duties and Rights of Landlords and Tenants

In any rental situation, both a landlord and a tenant have rights and responsibilities that should be maintained and respected in order to allow for a smooth relationship. Often, disputes arise about who is responsible for what, or who has a right that has been violated. In these situations, an experienced real estate law attorney can be a crucial advisor and negotiator.

Landlord Duties and Rights

Generally speaking, a landlord is required to provide a tenant with a safe and habitable dwelling. Unfortunately, these terms are open to quite a bit of subjective interpretation. In most situations, "habitable" means that the property is protected from the elements (no missing windows or holes in the roof), is free from hazardous situations (such as chemical fumes), and that it has an adequate amount of heat and hot water. Whether a rental unit is "safe" is also subject to dispute, particularly for items not located within a common area.

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