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The Rights of Tenants
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Tenants or Renters have certain rights which serve as protection in case the landlord may demand unlawful rights in the tenancy term. If you are a tenant, you should be aware of these rights according to law.

1. Your right against any unlawful entry by your landlord of the owner of the property. Bear in mind that a landlord or owner may only enter your apartment for these reasons: repairs on the unit, inspection of the premises, to show prospective buyers or tenants, to inspect the property within the last thirty days of the tenancy term to determine the amount of damage to be deducted from the security deposit. The landlord should be able to arrange a convenient time for the tenants to visit the rental unit.

2. Tenants right against retaliation. A landlord cannot terminate the tenancy or raise the rent without reason. If the landlord attempts to raise the rent, terminate the tenancy within six months when you contact the Board of Health or exercise other legal tenant's rights, the landlord will be considered against you. He or she will have the burden to prove that your tenancy was changed for reasons other than you exercising your right as a tenant.

3. You, as a tenant is entitled to a habitable and safe living environment until the end of the tenancy term. You have the right to demand from the landlord the necessary provisions such as water, kitchens, heat and should ensure that the unit you are renting is free from rodents and cockroaches.

4. You are entitled to a rent withholding. In the event that the landlord fails to maintain a safe and habitable dwelling condition, as a tenant you have the right to withhold a part of the rent from the date the landlord receives the notice of this breach of warrant of habitability. The rent withheld is useful so that the landlord is obliged to do repairs of the unit. However, this is a serious matter and requires a legal advice before you withhold your rent. You may withhold a part of your rent in cases where: you have appealed the necessary repairs in writing to your landlord, the Board of Health has inspected the unit and found health code being violated and notified your landlord. The amount to be withheld depends on each situation. Once the repair has been done, as a tenant you should pay all the rent withheld.

5. The right to repair and deduct. You can make the necessary emergency repairs in your apartment and deduct the cost up to four months of your rent provided these three conditions are met: The Local Board of Health has certified that the present conditions endanger your safety and health and the landlord has receipt of a written notice of the violations from the inspecting agency and he or she is given five days from receipt to start the repairs and should complete it within the next fourteen days.

6. Your rights against shutoff or removal. The landlord cannot order for a removal or shutoff of the utilities except during repairs or emergency cases. If the landlord's account is to be shutoff for non-payment, the utility company should notify you at least thirty days before the termination date. You may be asked to pay part of the overdue bill and deduct the payment from your rent.

7. The right against eviction. A landlord cannot just throw or lock you out with a court order. In case you are evicted, you are provided with some necessary protection as a tenant. It is best to consult your lawyer regarding this concern.

8. If you are being evicted for non-payment of rent, you can avoid it by paying all the rent owned including the interest and the landlord's cost of filing an eviction case against you. You will be given a 14-Day Notice to Quit for non-payment of rent, and a thirty-day notice for reasons other than the rent.

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Article Source: http://EzineArticles.com/?expert=Sonia_C_Llesol

Sonia C Llesol - EzineArticles Expert Author

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Article Submitted On: November 03, 2009



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