What Are the Tenant’s Basic Rights That Cannot Be Restricted?
The tenant has certain rights protected by law. These basic legal rights cannot be interfered with or eliminated, no matter what the rental agreement or lease says.
These rights include all of the following:
Limits on the amount of the security deposit that the landlord can charge the tenant
Limits on the landlord’s right to enter the rental unit
The right to sue the landlord for violations of the law or the rental agreement or lease
The right to repair serious defects in the rental unit and to deduct certain repair costs from the rent, under appropriate circumstances
The right to withhold rent under appropriate circumstances (e.g. inhabitability)
Rights under the warranty of habitability
Protection against retaliatory eviction
For example, say your state requires the security deposit to be no more than two months’ rent. If you charge more than that, even if your tenant agrees by signing the lease, it is still illegal according to State requirements. That section of the lease cannot be upheld in a court of law.
- What Is a Lease Agreement?
- Are You Legally Required to Act in Good Faith?
- How Should You Determine the Rent Price?
- Can You Lease Your Property and Live There at the Same Time?
- Can You Sign a Lease With More Than One Person?
- Can You Enter Your Rental in Case of an Emergency?
- What Is a Rental Agreement?
- What Is the Difference between a Lease and a Rental Agreement?
- What Are the Advantages and Disadvantages of Leases and Rental Agreements?
- Is a Verbal Rental Agreement Legally Binding?
- Why Is It Better to Have a Written Rental Agreement?
- How Do You Negotiate Lease Terms with Non-English Speaking Tenants?
- What Terms Are Usually Included in a Rental Agreement or Lease?
- Can You Require Your Tenant to Pay Rent in a Specific Form?