When a person decides to become a tenant, he or she must sign a lease. After signing, however, tenants may pay rent late or learn the property is unsafe for habitation. Sometimes, these issues are solved without any legal action.
Other times, however, disputes require legal action. If this is the case, Mullaney & Mullaney can help tenants and landlords achieve favorable legal outcomes.
Fair Housing Rights
The Fair Housing Act (FHA), enacted in 1968, protects people from unfair housing practices based on skin color, race, sex, national origin, disability, or family status.
One of our experienced attorneys can help individuals whose rights under FHA may have been violated.
The Protections of the Act
Most, but not all, landlords cannot discriminate against tenants under the Fair Housing Act. If a reasonable offer is made, this act makes it illegal to discriminate against individuals based on race, color, national origin, or sex. An example of discrimination would be a landlord requesting a higher application fee from an African-American than he would from a white person.
The Fair Housing Act also forbids landlords to change the required security deposit or terms of a lease based on a renter’s family status.
Rent and Security Deposit Issues
Leases typically require a monthly rent payment. Tenants are also usually asked to pay a security deposit when first signing a lease.
Disputes can arise regarding rent and security deposits. For tenants caught in this situation, it is wise to seek the help of one of our knowledgeable real estate attorneys.
Rent Issues: How Much, How Often, and How Late
In general, rent payments are due the first of the month, although landlords can require payment at other times.
Rent can only be raised if the lease expires, or if the tenant agrees to a change.
Terminations of Leases and Evictions
When landlords and tenants agree to a lease, there is an assumption the relationship will end via termination of the lease or eviction.
Mullaney & Mullaney has experienced attorneys ready to protect the rights of clients involved in these situations.
Get It in Writing
Tenants should always possess a written lease. This document should contain the amount of rent due, the rent due date, the date the lease expires, and general rights of the parties such as whether pets are allowed, how many people may live at the property, and who pays for utilities.
Duties and Rights of Landlords and Tenants
Landlords and tenants have rights that should be maintained and respected. Disputes may arise regarding either party’s responsibilities and rights. Mullaney & Mullaney’s experienced attorneys can be strong allies in these situations.
Landlord Duties and Rights
In general, landlords must provide a safe and habitable dwelling. Unfortunately, the legal definition of “safe and habitable dwelling” can be subjective.
“Habitable” typically means the property is protected from the elements (no broken windows or holes in the roof) and is free from dangerous situations (i.e. chemical fumes). The property must also have sufficient hot water and heat.
“Safe” is also easy to dispute, particularly for items not found within a common area.