If you’re looking for a house for rent, knowing your legally binding rights not only protects you from unscrupulous landlords but also enables you to enjoy the privacy and comfort you deserve. Meanwhile, understanding your responsibilities ensures you’ll never find yourself on the wrong side of legal action.
With that in mind, let’s explore the most common tenant rights and responsibilities in the U.S. and Canada.
Understanding Your Lease Terms
Whenever you rent a home, you’ll be required to sign a lease agreement. This legally binding document details the terms and conditions of your tenancy as well as listing your rights and responsibilities as a tenant.
Your lease agreement will be specific to your tenancy, though you’ll typically find the following information:
- Rent price: your monthly fee and details pertaining to payment methods and late fees.
- Tenancy term: the duration of your tenancy and any applicable renewable options.
- Tenant name: plus the names of any other occupants and any occupancy limits.
- General restrictions: mostly concerning illegal and disruptive activities.
- Pet restrictions: whether pets are allowed or not and any restrictions concerning the number, breed, and size of any pets.
- Maintenance and repairs: who bears the responsibility for maintenance and repairs, as well as any restrictions on what repairs or adjustments the tenant can make.
- Landlord access: details how much notice must be given before the landlord can enter the property and any exceptions.
- Landlord disclosures: for example a history of pests in the property or hazardous materials, such as asbestos.
It’s essential to read through your lease agreement thoroughly before signing anything. Once you’ve signed, you’re legally obliged to adhere to the terms and conditions listed. It can often help to go through the agreement with a professional, either a real estate attorney or a realtor.
The 5 Major Tenant Rights
The specific legal rights of tenants typically differ depending on location. As such, it’s essential to look at the local laws in your area. However, the following five rights are common across the U.S. and Canada.
1. All Tenants Have the Right to a Habitable Home
Landlords are legally required to provide tenants with a home that meets local health, safety, and building codes.
- The structural elements of the rental unit are safe and free from defects.
- Plumbing, electrical, and HVAC elements are well-maintained and safe to use.
- The landlord must ensure an adequate supply of hot water and heating.
- All common areas must be kept clean and free from danger.
- Environmental hazards, such as lead-based paint, are disclosed to the tenant and made safe.
- The landlord must make provisions against criminal intrusions.
- The rental unit must be free from pests such as rodents and insects.
- Safety measures must be taken to protect inhabitants against smoke, fire, and carbon monoxide.
2. No Tenant Can Be Discriminated Against
The right to freedom from discrimination posits that every individual is equal before the law and as such, should enjoy equal freedom and protection from discrimination. When it comes to renting a home, it essentially means that a landlord cannot refuse to rent, adjust the conditions, evict a renter, or limit any privileges based on the tenant’s:
- Sex,
- Race,
- Color,
- National origin,
- Disability,
- Religion,
- Familial status.
On a local level, even tighter restrictions may be in place, such as age, gender, criminal history, source of income, or military status.
3. All Tenants Have the Right to Privacy
While you may not own the home you’re renting, you have the right to privacy within it while you’re living there. This essentially means that the landlord cannot access the unit whenever they like. Your tenancy agreement will state the specific reasons why the landlord can enter your home and how much notice they must give you. In general, landlords are required to give at least 24 hours’ notice before entering, unless it’s an emergency.
4. No Tenant Can Be Evicted Without Advance Notice
While renting, your landlord is not allowed to kick you out without adequate notice. The notice period will be stated in your lease agreement and is typically between 30 and 60 days. However, this period can be reduced, often to as little as three days, if you violate your rental agreement, so be sure to check the terms.
Landlords may evict you with or without cause. If you’re evicted with cause, it’s normally because you’ve violated the terms of your rental agreement. For example, you may have missed rent payments or caused damage to the property.
A landlord can also evict you without cause—if they’re planning to sell, for example. However, it’s more common with short-term, month-by-month leases as they normally cannot terminate a fixed-term lease without very good reason. If you’ve received an eviction notice, you typically have three options:
- Move out by the date stated on the notice,
- Make amends with the landlord; for example, pay any missed rent or cease any disruptive behavior,
- Ignore the eviction and prepare for a lawsuit.
In the case of a lawsuit, the landlord must generally provide solid proof that you’ve done something that justifies their decision to evict you.
5. Tenants With Disabilities Have a Right to Accommodation
If you have a disability, the landlord must generally accommodate your needs at their own expense. They must also enable tenants to make any reasonable modifications. However, landlords are not obliged to accommodate unreasonable requests.
For example, if a unit is available on the ground floor but a wheelchair user would prefer a unit on the second floor, the landlord wouldn’t be expected to install an elevator.
Your Key Responsibilities as a Renter
While you have several rights to protect yourself as a renter, there are also a few responsibilities to bear in mind. Again, these differ by location and tenancy, but in general, you will be expected to take responsibility for the following:
- Paying the rent on time,
- Keeping the rental unit clean and safe, and disposing of garbage properly,
- Not disturbing neighbors,
- Not exceeding the occupancy numbers stated in your lease agreement,
- Repairing any damage you—or a guest—caused,
- Providing adequate notice if you plan to terminate the lease early,
- Reporting any leaks, electrical faults, or broken appliances promptly.
Your tenancy agreement may list additional responsibilities, so be sure to check through thoroughly and consult a professional if you’re not sure about anything.
