Table Of Contents
- Can Your Landlord Illegally Turn Off Your Water Supply?
- A landlord should provide habitable living conditions
- Taking regular care of maintenance and repair
- A quiet and safe environment
- The safety of the tenant is very important
- Prior notice before entry
- What Are The Grounds For Eviction According To Tenancy Laws?
- Reasons For Eviction
- i. Not paying due rent on time.
- ii. Destruction of property
- iii. Subletting without the knowledge of the landlord
- iv. Carrying out illegal activities
- How Does The Federal Law Protect A Tenant?
- Fair Housing Act (FHA)
- Wrapping It Up!
Responsibilities Of Landlords According To Tenancy Laws Of The USA
These are some most frequently asked questions, and they are based on the United States tenancy laws. To have a quick and simple answer to your questions, let us first dive into the tenancy laws of the nation.
Can Your Landlord Illegally Turn Off Your Water Supply?
The tenancy laws of The United States of America state that a landlord has a certain set of responsibilities. These are subject to both local laws and Federal laws of the nation. The responsibilities in question last only as long as the tenancy agreement does. Tenant health and safety standards will not be compromised under any law of the land.
A landlord should provide habitable living conditions
The property being put out for tenancy should be a livable one. A sanitary and clean surrounding is a must. According to tenancy laws, or landlord has to conduct regular maintenance and keep up repairs on the property. These maintenance checkups may include the following:
- Looking after proper disposal of trash from the property.
- Keeping the property structures safe for use.
- Maintaining any and all common areas within the property.
- Taking care of electricity, sanitary surroundings, plumbing, and ventilation.
- In addition to this, anything promised in the tenancy agreement has to be adhered to.
- The landlord should also abide by the local laws of the land.
He should be reachable in case the tenant requires any major repairs.
Taking regular care of maintenance and repair
As the landlord, you are responsible for the maintenance of your rental property in a timely fashion.
Your tenant must be able to come to you with all issues regarding electricity, structural maintenance, plumbing, etc.
A quiet and safe environment
It is the duty of a landlord to keep the residential premises at reasonable noise levels. Extreme noise and commotion make the premises hostile.
The safety of the tenant is very important
In order to ensure the safety of all tenants, there should be a thorough screening process.
Proper background checks should be conducted on all tenants.
Under the tenancy laws, it is the duty of the landlord to ask for identity proof from their tenant. All parts of the premises being used by the tenant should have systems for secure locking. The house our apartment the tenant is to move into should have fully functioning doors and windows.
Prior notice before entry
A landlord is to provide 48 hours of notice to the tenant before conducting any security checks. A landlord cannot come and go as they please into the rented property. According to tenancy laws of the nation, once a property is rented out, the landlord has to notify the tenant before entering the property.
What Are The Grounds For Eviction According To Tenancy Laws?
According to various tenancy laws in the United States of America, these conditions can lead to the premature termination of a tenancy agreement. An eviction is legally characterized by the landlord asking the tenant to leave the premises before the tenancy has reached its expiry.
Reasons For Eviction
Is it illegal to turn off the water supply? Can your landlord turn off electricity services to force you off the property? Let us look at some legal and illegal manifestations of eviction regulations under US tenancy laws.
i. Not paying due rent on time.
This is one of the most common grounds for eviction for a tenant. Failing to meet the due rent amount makes it difficult for landlords to carry out maintenance and repair. They end up paying out of their own pockets.
However, some landlords do resort to wrongful measures like getting the water supply shut off or the valve shut off. This is completely against the law. On multiple occasions, it has been stated by US Courts of law that a landlord cannot resort to unfair means.
ii. Destruction of property
Willful destruction, beyond the acceptable wear and tear, is another ground for eviction of tenants before the end of tenancy agreements. However, landlords have often retaliated against this behavior by illegally turning off the water supply to the tenancy.
iii. Subletting without the knowledge of the landlord
Under the tenancy laws, the tenants also can get evicted for subletting other tenants into the property without informing the landlord first.
iv. Carrying out illegal activities
If the tenant goes on to use the property for illegal purposes (for example, drug dealing), it is sufficient grounds for eviction.
How Does The Federal Law Protect A Tenant?
As we have discussed earlier, tenancy laws in the United States can vary from state to state. However, since the legal system of the US has a strong federal character. This means that there is uniformity across state laws so that citizens of the US have a singular idea about how things work in the country.
In that matter, tenancy laws are no different. There are some common principles and federal laws that apply all across the country. Let us discuss some of these laws.
Fair Housing Act (FHA)
The Fair Housing Act prohibits all forms of discrimination in the housing system of the United States.
- Whether it is based on race, color, religion, sex, national origin, disability, or familial status, your landlord cannot discriminate against you.
- Here is a popular court ruling on the matter. The case of the Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. took place in 2015. It upheld the theory of “disparate impact.”
- Under the FHA, plaintiffs can challenge the practices of the landlords that can have a discriminatory effect. This means that even if the person in question did not intend to discriminate, the law will hold them accountable based on their actions.
Under this act, the Landlord has a duty to maintain his property
- Landlords have a duty to provide a safe and habitable place for tenants. This includes proper access to electricity, water, and a clean and safe moving area.
The popular case of Chicago Housing Authority v. Harris took place in 1975.
- It established that the tenant’s right to a clean and habitable environment is the duty of the landlord. The case stated that the landlord should even take responsibility for making the necessary repairs.
- Keeping all of these points in mind, we should also know that your landlord can ask you to pay a part of the repairs.
Under the FHA, the provisions also ask the tenants to pay for security deposits.
- Meeks v. Ballard, 2008, is a case that is relevant to this provision.
- The court held that all landlords can give their tenants a list stating all deductions according to the items and services of the property.
- This will help the tenants understand why the landlord deducts a part of the security deposit due to damages to these items.
Under the FHA, you enjoy the right to Privacy.
- This means that you can stop the landlord from entering the premises without giving you proper notice.
- In the case of Tiner v. Doe, the court upheld the Tenant’s right to privacy.
- It even restricted the landlord’s right to enter a rental unit without giving prior notice to the tenant first.
Wrapping It Up!
If you are still wondering whether your landlord can turn off your water supply- No, they cannot. The tenancy laws of the United States strike a healthy balance between the landlord and the tenants. They ensure that neither party suffers and both stay equally protected in the eyes of the law. The Uniform Residential Landlord And Tenant Act (URLTA) and the Model Residential Landlord-Tenant Code are some of the tenancy statutes of the land. They mandate that both the tenants and the landlords operate within the bounds of the law, even for matters such as eviction.
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