How to Create a List of Tenant Rights

When creating a list of the rights of a tenant, there are several factors that you need to consider. Some of the more prominent rights involve discrimination, security deposits, rent and eviction procedures. To ensure that you are in legal limits regarding tenant rights, you'll want to ensure that you thoroughly review the subject.

1. Consider the tenants’ rights against discrimination. A current or potential tenant cannot be discriminated against by his or her landlord. The areas of discrimination include on the basis of age, gender, race, marital status, sexual orientation, employment, immigration status or any medical condition. Families who have children that are under age 18 also may not be discriminated against, however, housing that is designed specifically for seniors has the right to exclude families with children.


2. Consider the fact that tenants must receive protections under the terms of their leases or rental agreements. A landlord cannot legally charge a late fee on tardy rent payments if it is not specified in the agreement. Additionally, the cost of rent cannot be increased during the length of the lease. Once the tenant vacates, their security deposit must be refunded in full within 21 days, however, there are some important exceptions to this rule. A landlord is legally able to keep the security deposit or a portion if the tenant has not paid the rent or if they need to make repairs to the unit, not including normal wear and tear.


3. A landlord must consider that a tenant cannot be evicted without proper cause. If the tenant is occupying the unit under a month-to-month agreement, the tenant or landlord has the right to terminate the agreement for any given reason as long as they provide a 30-day notice to the other party. However, a tenant can be evicted with as little as a three business day notice if any of the following conditions are present: failed to pay rent, broke the rental agreement, proven incident of domestic violence or any incident that involves illegal drugs or weapons.