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Here are some lesser-known ways landlords may breach tenant laws, leading to financial losses — plus some advice on protecting your rights while maintaining a good relationship.
This article first appeared on GOBankingRates.
Renting a home or apartment comes with its pros and cons. While your landlord typically handles common issues like broken appliances and leaking pipes, they might also try to take advantage of you financially. Even though landlords own the property, you, as the tenant, are entitled to safety, a return of your security deposit, and more.
Tip for handling landlords: Always put everything in writing (complaints, requests, disputes, lease terminations, etc.), and keep a dated copy for your personal records.
Unlawful Clauses in the Lease Agreement
Be cautious of any provisions that violate federal or state laws, such as discriminatory terms based on race, color, nationality, familial status, religion, or disability. One common illegal clause that renters may not notice is when the landlord forces the tenant to waive the right to a security deposit refund or to sue the landlord. This can prevent you from claiming damages for injury, property damage, or recovering any remaining deposit balance.
How to Prevent It
If you spot any terms in your rental agreement that seem illegal or unfair, don't just walk away from the deal — and definitely don't sign anything until you and your landlord reach mutual agreement. Be aware of which unlawful clauses to look out for and send a revised version of the agreement in writing to your landlord.
Holding on to the Security Deposit After a Lease is Broken
If a tenant chooses to break the lease and vacate early, landlords often retain the full security deposit, citing the need to cover the remaining rent. In certain cases, this is legal and justified, but if the security deposit is equivalent to two months' rent and the landlord finds a new tenant within a month, it is unlawful to keep the second half of the deposit.
How to Prevent It
Stay in contact with your landlord until you receive the correct portion of your deposit and a written breakdown of any deductions. This includes providing the landlord with your updated address and contact details or the address where these documents should be sent. Make sure to contact your landlord politely but firmly to confirm whether the unit has been re-rented. If necessary, submit a written request for the return of your deposit. If more than 30 days have passed with no response, you may need to pursue the matter in Small Claims Court.
Unjustly Holding the Security Deposit for Too Long
Many states impose strict deadlines for landlords to provide tenants with an itemized list of deposit deductions and return any remaining balance. If landlords fail to meet these deadlines, they may face significant penalties, sometimes owing the tenant up to two or three times the deposit amount.
How to Prevent It
Most lease agreements will outline the timeframe in which the landlord must provide a letter detailing any damages, so refer to your contract. If your contract doesn’t specify the return of the deposit, the legal timeframe is 30 days.
Failure to Pay Interest on Security Deposit Earned
Some tenants are unaware they are entitled to earned interest on the security deposit (calculated on simple interest) if they have lived in the property for at least one year.
For instance, if the deposit was $1,000, the interest rate is 1%, and the lease was for a full year, you are entitled to $10 in interest.
How to Prevent It
Interest rates and other related laws can vary by state and year, so make sure to consult the local regulations to determine what you are owed.
Neglecting to Maintain the Property
As a tenant, you aren’t responsible for most repairs or maintenance issues in your unit. While you may need to contribute a bit, at some point, you’ll have to inform your landlord of necessary repairs or other maintenance that requires attention.
If the landlord neglects maintenance duties, tenants may mistakenly believe they must pay for repairs themselves, even though it’s not their responsibility. In some situations, the landlord's failure to maintain the property could create unsafe conditions for the tenants.
How to Prevent It
Understand your rights and obligations. If you're uncertain about an issue, ask your landlord before spending money on repairs. Review your lease if you need a reminder of your tenant duties. For instance, dealing with pest issues, broken appliances, and ensuring a safe, livable environment falls under the landlord’s responsibilities. However, use common sense when it comes to maintenance. For example, if you block your own toilet with excessive toilet paper, don’t expect your landlord to fix it. Also, replace the batteries in your smoke detectors if they’re running low.
If you believe your landlord is attempting to unfairly pass expenses onto you, assert your rights. Discuss the matter with your landlord, and if they refuse to handle their responsibilities, notify them — in writing — that you will take care of the necessary repairs and subtract the cost from your rent if they’re not completed within a reasonable time.
Don’t let your landlord take advantage of you. Stay informed about your rights, be clear on your duties, and communicate professionally. Doing so will help you avoid legal issues, costly mistakes, and damaged relationships.
