What are my options for resolving a dispute with my landlord?

If a dispute arises between a tenant and a landlord, there are legal obligations and rights on both side of the argument. Every state provides statutes that govern rental tenancy and set forth a landlord's legal responsibilities to the tenant. There are penalties if a landlord fails in these obligations.

Landlord Obligations

A lease or rent agreement is a contract which binds both landlord and tenant.  Even if a landlord omits certain lease provisions that stipulate his or her legal duties, many state provide consumer protection and truth in renting laws that protect tenants.

Under these laws, a landlord is obligated to do the following:

• Provide a Safe and Habitable Living Space - In most states, a property infested with insects, rodents, or other vermin considered uninhabitable.  Also a landlord is obligated to make sure there is running water or necessary utilities; absent these, a court may determine that the property is not habitable.
• Make Needed Repairs - In most states, the landlord cannot pass responsibility for repairs to the tenant.  Additionally, a landlord must make necessary repairs within a reasonable period of time.  Failure to make timely repairs may be considered a constructive eviction which, in some states gives the tenant the right to withhold rental payments.
• Respect the Tenant's Rights to Quiet Enjoyment - This means that a landlord may not enter the tenant's premises for any reason without first giving reasonable notice to the tenant or enter the property at unreasonable hours.
• Don't Discriminate - Federal and state laws make it illegal to discriminate against a tenant based on race, ethnicity, marital or parental status, religion, age or disability.  In some states, it is also not permitted to discriminate based on a tenant's sexual preference, status as a victim of domestic violence, sexual assault, or stalking, or because the tenant has successfully defended a previous landlord's attempt to evict him or her.

• Not Retaliate - In many states, a landlord may not retaliate against a tenant who has complained to the landlord or a state or local agency about the condition of the property, illegal lease provisions, discrimination, or other violations of the law or started a tenant's union. Retaliation may include an inexplicable rent increase, shutting off utilities, or initiating eviction proceedings.

In many instances, landlords may take the above actions through misinterpretation of their legal rights. However, a landlord's ignorance of the law is not considered a defense where the tenant's rights are violated.

Tenant Remedies

A tenant has legal remedies in the case of violations by a landlord. They include:

• Negotiation with the landlord for a peaceful, extrajudicial resolution;
• Reporting the landlord's violations to a state consumer protection agency; or
• Contacting an experienced landlord-tenant attorney.

If you have a dispute with a landlord, consider your options. Do contact an attorney to ensure your rights.