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Home ›› Tenant Rights March 22, 2010
 
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Tenant Rights
Introduction
Select The State-Specific Tenant Rights :
The material presented here is designed to help explain some of the principal rights and duties of landlords and tenants. The foundation of these rights and duties are based on a network of federal laws, state statutes and local ordinances, as well as common law, court decisions, and safety and housing codes. Because of this, rights and duties in your area may vary from other locales within your state.
This information is a general summary of those rights, and is not intended to provide legal advice for specific landlord-tenant issues, or to substitute for the advice of an attorney who is familiar with the details of your particular situation. While references may be made to various laws, be aware that the law, whether statutes, ordinances, court decisions or housing codes, is constantly changing - and may affect your specific situation.
Inspecting the Rental Property
Before signing the lease, the tenant should always look at the specific unit that is for rent - not a similar unit down the hall or a model. An inspection by the tenant will affirm whether or not the property is in livable condition, and if it meets the expectations of the tenant. If the landlord agrees to upgrade or repair the premises once you move in, the agreement should be in writing, specifying what will be done and the date by which it will be finished. Most landlords will hesitate to make this agreement part of the lease; but make sure to get it in a separate written document. Oral agreements or handshake deals regarding improvements or repairs may lead to misunderstandings between the parties, and are difficult to prove. A signed and dated agreement will help to clarify the expectations and responsibilities of both parties.
The following should assist the tenant in reviewing, and the landlord in preparing the rental property:
Check all appliances such as the refrigerator and microwave.
Turn on the stove, disposal and dishwasher to make sure they are functional.
Run the water in the sink, tub and shower to check the water flow and see if it is hot enough.
Flush the toilet to see if it works.
Check for any leaks near the plumbing fixtures.
Turn on the overhead lights, as well as any lamps to see if the electrical outlets work.
Test any heating or air conditioning units.
Make sure there are smoke detectors and that they are operable.
See if all windows and doors (especially exterior doors) will close without forcing them, and if they have adequate locks.
Check for offensive odors which may require that the carpet be cleaned, or indicate a mildew problem.
Open all cabinet doors and drawers and check for signs of insects, vermin, or rodents.
Look for cracks or holes in the floor, walls, or ceiling.
If walls are stained or dirty, you may want to ask if the landlord will repaint them.
If the paint is peeling or chipping, be aware that some older paint may contain lead, which can cause lead poisoning. (If the building was built before 1978, you should read the booklet, "Protect Your Family From Lead in Your Home," which should be supplied by the Landlord, or call the National Lead Information Center at 800-424-LEAD (5323) to request a copy.)
Make sure to clarify if parking will be available if you need it.
Stop by the property at night and see if the grounds are well lit.
It's doubtful you will find any property to be perfect. You will need to balance the positive aspects of the property against its shortcomings,and then make your own informed decision as to whether you will sign the lease.
 
 
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