Landlord Law: Home Shares And Legal Complications

Landlord-tenant laws are established to protect both parties in the landlord-tenant relationship. While these laws vary by state, there is some uniformity in certain areas. For instance, landlords cannot enter tenanted properties without giving proper notice, arbitrarily end a tenancy before the lease expires, or unjustifiably raise the rent. They are also prohibited from discriminating against tenants.

In the case of home shares, the situation can become more complex. If a tenant shares living space with their landlord, the rules of tenancy must be stated at the beginning of the tenancy, either in a written or verbal rental agreement. Landlords in this scenario do not have the right to restrict tenants' access to the living space or common areas, nor can they create arbitrary rule changes based on tenants' behaviour.

When it comes to shared ownership, tenants can buy a share of their rented home, usually between 10% and 75% of the home's full market value, and pay rent to the landlord for the remaining share. This arrangement is subject to different rules in various locations, such as Northern Ireland, Scotland, and Wales.

Landlord's right to enter a shared home

Landlords have a legal right to enter a rented property, but only under certain circumstances. Tenants have a right to privacy that is protected by law, and landlords must give proper notice before entering the property. This notice period is typically 24 hours, but it can vary depending on local laws and the specifics of the rental agreement. For example, some states require only "reasonable" notice, while others may mandate a longer period, such as 48 hours.

The landlord's request to enter must also include the reason for their visit and should be made in writing, unless the tenant specifies otherwise. Legitimate reasons for a landlord to enter the property include making repairs, conducting inspections, showing the property to prospective buyers or renters, and addressing emergency situations that could potentially harm the tenants. Landlords are generally required to enter the property during ordinary business hours, usually from 8 am to 5 pm, unless it is an emergency.

In the case of shared living spaces, landlords do not have the right to restrict tenants' access to common areas or their designated private spaces, such as bedrooms. They must still provide proper notice and have a valid reason for entering these areas.

If a landlord abuses their right of entry and invades a tenant's privacy, the tenant has legal recourse. They may sue for breach of the covenant of quiet enjoyment, invasion of privacy, trespass, or even intentional infliction of emotional distress in extreme cases. Tenants can also choose to move out without any further rental obligations.

Privacy laws

Tenants have a right to privacy, which must be balanced with the landlord's right of entry. Landlords cannot enter and go through a tenant's unit and belongings at will. They must have a valid reason to enter and must give proper notice, unless they have the tenant's permission. The landlord must provide at least 24 hours' notice, except in cases of emergency, such as a fire, flood, or crime, or if the tenant appears to have abandoned the property.

In the case of repairs or improvements, landlords must give 24 hours' notice and provide a reasonable time for entry, unless the tenant agrees to less notice. If the tenant is away for an extended period, the landlord may enter without permission to protect the property from damage, but not for non-urgent matters. Landlords can also enter to show the apartment to prospective tenants or purchasers with reasonable notice, usually 24 hours.

Tenants have the right to refuse entry to health and safety inspectors if they come at the request of a neighbour. However, this may result in the inspector contacting the landlord, who can then provide the required notice, or obtaining a search warrant if public health or safety is at risk.

Tenants should be aware of their rights and the limits to those rights. For example, failing to cooperate with a valid entry may lead to eviction or termination of tenancy.

Privacy and Personal Information

Privacy issues can arise regarding the collection, use, and disclosure of personal information by landlords. In Canada, landlords must comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) or similar provincial legislation. PIPEDA sets out the rules for how businesses, including landlords, must handle personal information.

Landlords must:

• Obtain an individual's consent when collecting, using, or disclosing personal information, except in limited circumstances.
• Identify the reasons for collecting personal information before or at the time of collection, ensuring these purposes are appropriate.
• Provide individuals with access to their personal information and allow them to challenge its accuracy.
• Only use personal information for the purposes for which it was collected.
• Protect personal information with appropriate safeguards.

Landlords should not collect more information than is necessary and should not retain it for longer than needed. They must also provide information about what personal information is being collected, the purposes for its use, and any third parties it will be disclosed to.

Tenants have the right to refuse to provide their Social Insurance Number (SIN) unless it is required by law or there is no alternative identifier. They can also ask why the landlord needs certain documents, like a driver's license or pay stubs, and suggest alternatives.

Surveillance and Recording

The use of surveillance cameras is a privacy concern for tenants. While video surveillance can enhance security, tenants have a right not to feel watched in their homes. Landlords should post signs and distribute policies explaining how footage will be used and accessed. Cameras should not capture the inside of apartments, and monitors and recorded images should be secured and only accessed for specified purposes.

Landlords must also obtain consent before taking pictures of a tenant's apartment and its contents, and they must identify the purpose of the collection and ensure the tenant understands how the information will be used or disclosed.

Privacy in Shared Living Spaces

When tenants share a living space with their landlord or live in the same building, special considerations come into play. Tenants should review privacy laws and establish clear rules in the rental agreement regarding the landlord's expectations for sharing common areas. Landlords do not have the right to restrict tenants' access to their living space or common areas, nor can they make arbitrary rule changes based on tenants' behaviour.

Even when sharing common spaces, tenants have the right to privacy in their bedrooms and other designated private spaces.

Rental agreements

A lease agreement, or rental agreement, is a legally binding contract that outlines the rights and obligations of both the tenant and the landlord. It establishes the terms of the tenancy and helps to prevent disputes.

In a home-share situation, the agreement will depend on who you share the property with. If you rent privately and the landlord lives elsewhere, you will usually have an assured shorthold tenancy. If you share the home with the landlord and share rooms such as the kitchen, bathroom, or living room, you are considered a lodger. If you share the house with other people who are not family members, you will likely live in a House in Multiple Occupation (HMO), and the landlord must be licensed by the council.

If you are a lodger, it is important to review privacy laws and have clear rules in the rental agreement regarding the sharing of common areas. Even if you share common spaces with your landlord, you have the right to privacy in your designated private spaces, such as your bedroom. Landlords living in the same building or unit as their tenants have the same duties under the Landlord-Tenant Act. They do not have the right to restrict tenants' access to the living space or common areas, nor can they create arbitrary rule changes based on tenants' behaviour.

A HomeShare Agreement is a document that outlines the expectations of both the homeowner and housemate. It is not the same as a lease agreement and does not fall under the Residential Tenancies Act. This agreement should include details such as the term of the arrangement, rent and payment agreements, inclusions (e.g. utilities, internet, etc.), shared and private spaces, occupants, insurance, liability and damage, obligations and responsibilities, house rules, and termination policies.

Discrimination laws

The Fair Housing Act (FHA)

The Fair Housing Act, enacted in 1968, is a federal law that prohibits landlords from discriminating against prospective tenants based on specific protected characteristics. These characteristics include race, colour, national origin, religion, sex, familial status, and disability. The Act ensures that individuals seeking to rent or buy a home are treated equally, regardless of their identity.

Application to Home-Sharing

The FHA applies to home-sharing situations, but it is important to note that it does not regulate who can be housemates. Individuals are allowed to choose their housemates based on their preferences, but they cannot make public discriminatory statements about these preferences. For example, it is illegal to post an advertisement stating specific gender, religious, or racial preferences for housemates. However, individuals can express their own identity in advertisements, allowing potential housemates to make an informed choice.

Protections for LGBTQ Individuals

The Fair Housing Act also protects individuals who identify as lesbian, gay, bisexual, transgender, and/or queer/questioning (LGBTQ) from housing discrimination. This protection extends to discrimination based on actual or perceived sexual orientation or gender identity. For instance, it is illegal for a housing provider to refuse to rent to a same-sex couple or to deny housing to an individual based on their gender identity.

State-Specific Laws

In addition to the FHA, certain states have their own fair housing laws that provide further protections. For example, the California Civil Rights Department (CRD) enforces state fair housing laws that make it illegal to discriminate against someone based on protected characteristics such as gender, race, national origin, sexual orientation, gender identity, or religion. These laws apply to various aspects of housing, including renting, leasing, sales, and advertising.

Reporting Discrimination

Individuals who believe they have experienced housing discrimination based on any of the protected characteristics can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD will investigate the complaint and enforce the Fair Housing Act if discrimination is found. Additionally, specific states, like California, have their own departments, such as the California Civil Rights Department, that handle complaints of housing discrimination.

Other Protected Characteristics

Other protected characteristics under various fair housing laws include source of income, military or veteran status, and criminal history. For example, it is illegal for a housing provider to refuse to rent to someone because they have a criminal history or because of their source of income, such as receiving government rental assistance.

In conclusion, discrimination laws play a vital role in ensuring equal access to housing for all individuals, regardless of their identity. These laws apply to home-sharing situations, protecting individuals from discrimination by landlords or other tenants. By understanding these laws, individuals can recognise their rights and take action if they experience or witness housing discrimination.

Security deposits

A security deposit is a payment made to a landlord or property management company before moving into a new rental property. The amount of a security deposit typically equals one month's rent, but it can be higher. Security deposits are usually refunded upon departure if the property is left in reasonably good shape, barring normal depreciation. However, landlords can use the security deposit to cover repair costs for damages caused by the tenant or as a final rent payment, depending on local legislation.

In some states, landlords must place security deposits in a separate, interest-bearing account, and provide tenants with a receipt and monthly statements. The security deposit can accrue interest, but rent increases may exceed this interest, requiring tenants to add more money to the deposit. Security deposits are not considered taxable income, but if used as a final rent payment, they become taxable.

Tenants can usually get their security deposit back by paying rent on time and maintaining the property in good condition. However, if there are damages, missed rent payments, or late fees, the landlord may deduct these costs from the security deposit. If the landlord refuses to return the security deposit, tenants can refer to their lease agreement and try to resolve the issue through communication or, if necessary, small claims court.

The rules regarding security deposits vary by location, and tenants should review the relevant laws in their area before signing a lease.

Frequently asked questions