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Tenant Rights

Tenant rights are a list of rights provided to ensure a renter has some legal recourse when a landlord wrongs the renter. Tenant's rights will vary from state to state, so it is important to learn your individual states view of tenant's rights. Generally, every tenant is allowed to be free of discrimination. Another tenant's right is the right to habitable premises. The most commonly used tenant right is the eviction right that provides the tenant some protective steps during an eviction. To learn about tenant's rights, you should take a look at the following tenant's rights questions that have been answered by Experts.

As a landlord what landlord tenant rights do I need to present to a month to month renter? I have a tenant who is refusing to leave because she wasn't advised of her tenant's rights.

You can end the renter's tenancy by giving them a written notice stating they have 30 days to vacate the rental space. If the renter doesn't leave, you will have to give them a 15 day Notice to Quit. The Notice to Quit is informing the renter if they don't leave the rental within the 15 day period, they will be facing formal eviction. If this doesn't encourage the renter to leave the rental home, you will have to petition the court for an eviction order. If the court grants the eviction order, you can give the eviction notice to the sheriff's office and they will proceed to evict the renter. Once the eviction takes place, you can file a claim for all money owed by the renter. If you are awarded the judgment, you can garnish the renter's wages; attach the renter's assets such as bank accounts in order to collect on the judgment. You cannot shut the renter's utilities off, change the door locks, or try to personally remove the renter from the rental space.

What are tenant rights if the furnace is not working properly? I live in Ohio.

A landlord must maintain or replace heating units in rental spaces. Not doing so is a breach of Ohio landlord-tenant law. If your landlord hasn't repaired or replaced the furnace in a reasonable time, you can notify him/her that you would like the cost of your rent to be lowered to allow for the days you were unable to stay in the rental space due to no heat. You may also be able to replace money spent for hotels and other expenses that were made due to not having heat in your rental unit.

Another option would be terminating the lease for "constructive eviction" or breach of the warranty of habitability". Before you attempt these options, you should try to work with the landlord and find a solution to the problem. Part of the solution should include rental deduction for the time you were unable to remain in your rental unit. If the landlord doesn't want to work with you to find a solution, you may consider small claims court to retrieve any expenses that occurred as a result of the faulty furnace.

I am presently a tenant in a 2 unit rental property that recently sold to new owners. I want to know if I can continue to negotiate a buyout price if I verbally agreed but didn't sign anything.

If the new owners have offered a buyout price, you may want to take the opportunity to accept the offer before they decide to cancel the offer and turn to eviction. By law, the new owner only has to give a 30 day notice for you to vacate the rental unit. If you or the other tenants have been in the rental unit for more than one year, the new owner is required to give you a 60 day written notice. See Civil Code Section 1946.1(b), effective January 1, 2007.

Do I have any case for negligence against a landlord for potentially endangering the lives of my family by hiring an unlicensed tech to service our furnace? I live in Texas.

If your landlord hired an unlicensed tech to examine your furnace, you would have a case against him/her; however what are your damages as a result?

You can write the landlord a letter that demands your furnace be repaired by an experienced, licensed professional. Include that you will take him to court to force the return of your rent money during the time there was no heat in the home. The landlord can't evict you for the demand letter because that would be considered a retaliatory eviction.

If you rent from a landlord, you need to be aware of your tenant's rights. Many times people are wronged by landlords and are either unaware of the act or don't know what to do. If you fell like your tenant's rights have been violated, you should ask an Expert for legal assistance.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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12 Lawyers are Online Now

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Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 8436
JD, BBA Over 25 years legal and business experience.
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
FiveStarLaw
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25 years of experience helping people like you.

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