Renters Rights to Know When Moving States
Knowing your rights as a renter can save you a lot of grief in the long run
4 Min Read
4 Min ReadAre you planning on signing a new lease? You’ve already sorted through moving companies, packed your things, and now it’s time to find your new home. Your first move, though, should be to educate yourself about renters’ rights in your new state.
Required landlord disclosures
Most states have laws in place that require landlords to disclose specific information to their tenants. Usually, the lease agreement explains this information.
Security deposit rules and return standards
In Washington state, for example, there’s no limit on how much landlords can require as a security deposit. Other states cap the amount of a security deposit. In most states, there are limits surrounding the time frame for the return of a tenant’s deposit.
Often, landlords must return a tenant’s deposit within 14 days of the tenant vacating the apartment. In other situations that time frame stretches to 30 days. This rule is in place to protect you as the renter and ensure the landlord can’t keep your deposit indefinitely.
There are also many rules surrounding late fees and other rent-related issues. For example, tenants have the right to receive at least 30 days’ notice before the landlord raises the rent, and three days of grace period to pay rent or move before eviction proceedings begin.
Tenant rights to withhold rent
Landlords are obligated by law to provide tenants with safe and habitable homes. If they don’t, tenants have the right to withhold rent or to “repair and deduct,” if a landlord does not take care of essential repairs. These are by far some of the most important rules to educate yourself about.
While the laws are extensive, the gist is this: If there’s something around your rental home that needs some repairing, you must submit a written request for the repair to your landlord. If the landlord does not fix or address the problem, Nolo states that you have the right to proceed to “big stick” measures, such as the following:
- Contacting the state or local building or health inspectors
- Withholding rent
- Repairing the problem, or having it fixed by a professional, and deducting the cost from your rent (called “repair and deduct”)
- Moving out
- Paying the rent and then suing the landlord for the difference between the rent you paid and the value of the defective premises
If you must use any of the above “big stick” tactics, the law prevents landlords from retaliating against you for exercising your legal right and complaining about unsafe or unsanitary living conditions. There are also special protections for tenants in domestic violence situations and tenants who believe they have been victims of housing discrimination.
Tenant rights to privacy
Even if you’re living in a rental unit, you have a right to your privacy. To support this, most states place restrictions on when and how a landlord can access the rental property. For example, a landlord that wants to inspect or visit a rental property must provide two days notice of entry, or one day to show the property to new prospective tenants or buyers.
Breaking a lease
While nobody wants to break a lease, it happens occasionally. In some states, the Landlord-Tenant Act allows only a few reasons for breaking a contract during the term. These may include the following:
- The tenant has been called to military service
- The tenant is responding to an unanswered repair concern that the landlord has not taken action to fix
- The tenant is fleeing domestic violence, stalking, sexual assault, or unlawful harassment by a landlord’s agent or the landlord
- The tenant is threatened by a neighbor with a deadly weapon or has similar problems with roommates and neighbors
Month-to-month leases
Month-to-month leases are popular among temps and other people who only need short-term housing. In these rental agreements, tenants can avail of a copy of the rental agreement. This tenancy continues until the tenant issues 20 days of written move-out notice (enough time to start looking for interstate moving companies) before the rent is due.
If you have a verbal rental agreement in some states, the law considers it a month-to-month tenancy.
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Enjoy your big move
Now that you’re set for an interstate move, it’s time to settle into your new location and start exploring your new home state. No tenant wants to have to defend their rights. But understanding what the law grants is a smart way to ensure you protect yourself and your family.
