Landlord Legalities: Am I Being Cheated?

Tenants often wonder if their landlord is breaking the law, and it's important to know your rights in these situations. Landlords cannot raise the rent in the middle of a lease, evict you without cause, or refuse to make necessary repairs. They also can't show up unannounced, ignore your requests, or charge excessive fees. If your landlord is doing any of these things, you may be able to take legal action. In addition, landlords must provide you with a safe, clean, and habitable space, and they can't discriminate against you based on your race, religion, sex, or other protected characteristics. If you suspect your landlord of breaking the law, you can try talking to them, sending a certified letter, or contacting your local housing authority for help.

Entering without permission

Entering a rented property without permission is a serious violation of a tenant's privacy and trust. Tenants are entitled to quiet enjoyment, which ensures their privacy and peace without undue interference from the landlord. This means that a landlord must provide written notice before entering the property, typically adhering to the principle of reasonable notice, which is generally presumed to be 24 hours.

Legal Requirements for Landlord Entry

The property owner must provide 24 hours' notice before entering, usually in the form of written notice, and only enter during normal business hours. The landlord can enter your rental unit for permissible reasons, such as:

• Handling emergencies
• Showing the property to potential tenants or buyers
• Situations where tenants are believed to have abandoned the property

However, a landlord cannot abuse the right of entry. They cannot enter your premises for illegitimate reasons or outside of normal business hours without a valid reason to request entry. For example, if your rental property needs repairs, the landlord must respect your privacy and give you proper notice before entering.

Exceptions to Notice Requirements

In certain situations, such as emergencies that threaten lives or property, landlords may enter a tenant's dwelling without giving notice. Examples of such emergencies include:

• Fire
• Flooding
• Suspicions of property abandonment
• Gas leaks
• Burst pipes

Steps to Take if Your Landlord Enters Without Permission

If a landlord enters a tenant's unit without permission, it may violate the tenant's privacy rights and the terms of the lease. Here are some steps you can take to address this issue:

• Review your lease agreement: Look for clauses that specify the conditions under which your landlord can enter the property, such as providing proper notice, except in emergencies.
• Document the incident: Take pictures or videos of the rental unit, capturing the condition of the space as proof of the unauthorized entry. If items are missing, make a detailed list.
• Communicate with your landlord: Send a letter or email to your landlord, detailing the unauthorized entry and requesting an explanation. Seek written assurance that future entries will comply with agreed-upon rules and legal requirements.
• Possible legal actions: If unauthorized entries continue, you may be able to sue your landlord for damages due to invasion of privacy, trespass, harassment, or emotional distress. You can also file a complaint with the local housing authority or seek mediation services.

Charging excessive fees

Application Fees

A handful of states and cities prohibit application fees altogether, while others limit the charge to either the specific cost of a tenant background check or a statutory amount, typically $50 or less. In states without specific limits, a dispute will likely arise when a tenant advocate gets wind of an excessive fee. Ultimately, a judge may decide if the application fee provision is enforceable. Judges tend to look at fees as reimbursement, not as a profit centre for landlords, and will consider whether the fee charged represents a legitimate out-of-pocket expense.

Late Fees

Late fees are regulated by state and local governments and may be prohibited altogether or limited to a specific amount, typically around $20-$35. Sometimes the fee is tied to the overall rent charged and may be higher in high-end properties. Landlords cannot call a late fee something else, like a "rent incentive", when charging excessive amounts. A landlord may promise a "discount" if rent is paid on time, but this is unlikely to be enforced if the rent has been inflated. Judges often throw out provisions in lease agreements that allow the landlord to stack or roll the late fee into the next month or refuse to enforce an eviction over late fees alone.

Amenity and Management Fees

Some state and local governments limit the specific types of fees a landlord can charge. For instance, a state may allow an application fee and late fees only. This incentivises some landlords to get creative with fees, such as renaming an application fee an "amenity" fee and burying it in the lease agreement. However, charging twice as much for an application fee because other fees are not allowed won't work either. Landlords need to consider the overall intent of rental regulations, which is to keep housing affordable for tenants.

Penalties

Landlords do not have the right to charge a penalty for violations of the lease agreement. A common example is an exorbitant early termination fee. Any fee that is so high as to serve as punishment can be deemed a penalty and is therefore excessive.

Unilateral or Mid-Lease Fee Increases

Landlords generally cannot increase or add fees unilaterally or mid-lease. Judges will look at the overall cost of the lease agreement to determine its relative fairness and will tie fees to the out-of-pocket expenses of the landlord.

Normal Wear and Tear

Landlords are responsible for repairs that constitute "normal wear and tear" to the premises and cannot charge tenants for these. Examples include faded paint or wallpaper, minor scuffs or scratches on the flooring from regular use, worn-out carpet from regular foot traffic, gradual appliance wear, and loose door handles or hinges due to regular handling.

Security Deposits

Security deposits are always refundable unless there are documented reasons not to refund them. Some landlords might charge a move-in, cleaning, or pet fee, but tenants should check their state's landlord-tenant laws to find out what fees are allowed.

Making mid-lease changes

As a landlord, you might want to change the lease rules to better reflect your business's needs. However, you must understand when you can and cannot change the rental agreement with your tenants. Violating the lease terms or trying to force changes when they're not allowed can lead to significant, costly legal issues.

Firstly, landlords cannot legally change lease terms mid-lease without the tenant's consent. Any adjustments require a mutual agreement, typically formalised through a lease addendum signed by both parties. Unilateral changes by the landlord are prohibited to ensure fairness and adherence to the original contract.

A lease addendum is a new contract signed and tacked onto the original lease to update or add new terms to the existing lease. The key to using lease addendums is to remember that both sides must agree to them before they go into action. A lease addendum gives the tenant some power to approve or negotiate the change because it cannot take effect unless both parties agree and sign.

Lease addendums can be used to make nearly any changes outlined in the original lease agreement, so long as both parties agree to the changes. They cannot be enacted if either party does not want to sign off on the change.

For example, a lease addendum could be used if the landlord promised to pay for basic cable as part of the rental agreement, but the tenant now wants a satellite TV service installed, which is much more expensive. The landlord and tenant can agree that the landlord will no longer provide or pay for basic cable, and the tenant can get satellite TV installed and will assume all costs for that service. The lease addendum would outline these new terms, and both parties would sign the addendum.

However, more significant changes, like a smoking ban or new parking fees, probably require an amended lease, not just a rule change. That way, the tenant has the right to negotiate, and the change can only happen if they agree.

If your property includes pool rights, community areas, and other spaces where you might need to change the rules mid-lease, this must be reflected in the original lease. Rather than including the specific pool rules in the lease, for example, you could write in the lease agreement that "all posted rules must be followed at the community pool". By writing the lease agreement with flexible terms reflected in signage or other areas that can be changed at any time, you can maintain control over the community areas even though you cannot change the lease.

If you have a month-to-month lease agreement, you can introduce a change to the lease whenever you want, but you must give the tenant a 30-day notice before the change can go into effect.

Ignoring repair requests

Step 1: Communicate in Writing

It is important to communicate repair requests to the landlord in writing, such as via email, text, or letter. This creates a record of the request and can be used as evidence if legal action is required. The request should include a description of the repairs needed and a reasonable deadline for the landlord to respond or make the repairs. It is also a good idea to keep a copy of the written request and document the problem with photos or videos.

Step 2: Follow Up

If the landlord does not respond or take action within a reasonable timeframe, tenants can send a second written notice, reiterating the repair request and the potential consequences of non-compliance. This notice should reference the initial request date to emphasize the urgency of the repairs.

Step 3: Report to Authorities

If the landlord continues to ignore the repair requests and the living conditions become unsafe or unlivable, tenants can report the issue to local housing or building code enforcement agencies, or the local health department in case of unsanitary conditions. These departments can inspect the property, issue citations or fines, and order the landlord to make the necessary repairs within a set timeframe.

Step 4: Legal Remedies

If all attempts to resolve the issue directly with the landlord have failed, tenants can explore legal remedies based on state landlord-tenant laws. This may include mediation services, repair and deduct remedies, rent withholding, terminating the lease, or filing a lawsuit. It is important to seek advice from a tenants' rights group or a lawyer specializing in landlord-tenant issues to understand the specific laws and options available.

Important Considerations:

• Major vs. Minor Repairs: It is important to understand the difference between major and minor repairs. Landlords are legally required to address major repairs that significantly impact the safety and livability of the rental unit. Minor repairs, on the other hand, are often cosmetic or related to routine upkeep and may not always be the landlord's responsibility.
• Tenant's Responsibilities: Tenants should also be aware of their responsibilities under the lease agreement, which may include maintaining the property and paying rent on time.

Asking illegal questions

Landlords are not allowed to ask certain questions of their tenants or prospective tenants, as doing so may be considered a violation of tenant rights. Asking illegal questions is a form of tenant harassment and is prohibited by law. Here are some examples of questions that a landlord should not ask:

• National Origin or Immigration Status: According to the Fair Housing Act, landlords cannot inquire about a person's national origin or immigration status. This includes asking where someone was born or if they are a citizen of a particular country. Such inquiries may be considered discriminatory and a violation of federal law.
• Family Status: Landlords are prohibited from asking questions about a tenant's family status, including whether they have children or are planning to start a family. This type of inquiry may be seen as discriminatory against families with children.
• Marital Status: Inquiring about a tenant's marital status, such as whether they are single, married, divorced, or separated, is not allowed. This type of question may be seen as a form of discrimination based on marital status.
• Religious Beliefs: Landlords cannot ask tenants about their religious beliefs or affiliations. This includes questions about what religion they practice, how often they attend religious services, or any other religious-related topics.
• Sexual Orientation: Inquiring about a tenant's sexual orientation or that of their family members is prohibited. This includes asking direct questions or making assumptions about a person's sexual orientation based on their appearance or lifestyle.
• Disability or Health Status: Landlords are not allowed to ask questions about a tenant's disability or health status. For example, they cannot ask if a person has a particular disability or inquire about the nature of their disability. However, they may ask about reasonable accommodations that may be needed due to a disability.
• Age: Questions about a tenant's age or date of birth are not permitted. This includes asking for age-related documentation or making assumptions about a person's age based on their appearance.
• Income Source: While landlords can ask for proof of income to ensure tenants can pay rent, they cannot inquire about the specific source of income. This includes asking about a person's employment, government assistance, or any other form of income.
• Criminal History: Landlords cannot ask about a tenant's criminal history or require them to disclose any past arrests or convictions. However, they may perform a background check with the tenant's consent, and if they deny an application based on the results, they must provide a copy of the report and an adverse action letter.

It is important for tenants to know their rights and understand that they are protected by law from intrusive and illegal questions from their landlords. If a landlord asks illegal questions, tenants have the right to refuse to answer and can report the incident to the appropriate housing authority or seek legal advice if they believe their rights have been violated.

Frequently asked questions