Rental Guide: Know renter’s rights

Sifting through the legal jargon that accompanies the process of renting a house or apartment… Sifting through the legal jargon that accompanies the process of renting a house or apartment might be one of the dullest endeavors of your college experience. But although it can be monotonous, it’s actually very important to understand the legalities of this process. Renting an apartment and signing the lease is a serious commitment. It binds leasees to unfamiliar legal precedents and holds tenants accountable for potential damages. To ensure both that your landlord or renting agency abides by their legal boundaries and that you have the invaluable knowledge of what you can expect from them, here is what you need to know about your renter’s rights:

The right to a copy of your lease: As a renter, you are entitled to a tangible copy of your lease, as well as the right to have a lawyer look over the contract before you agree to commit. The lease agreement is something that you will want to have in your possession for the duration of your landlord/tenant relationship. If you are unsatisfied with the lease, you can ask the landlord or renting agency questions or suggest revisions to the document prior to signing it.

The rights of the Landlord and Tenant Act: The Pennsylvania Landlord and Tenant Act is a document that outlines the legal roles of the landlord and the tenant. Understanding it will prevent you from violating your terms of tenancy as well as inform you of the precise role of your landlord. If there is ever legal action taken against you by your landlord or if you run into an unforeseen issue with the rented property, grasping the Landlord and Tenant Act will allow you to understand what steps to take to alleviate the issue effectively.

The rights of the Federal Fair Housing Act: You are protected by the Federal Fair Housing Act, which outlines the constitutional requirements of fair housing. These laws are in place to ensure that individuals looking for housing are not discriminated against due to race, color, religion, sex, national origin, handicap/disability or familial status.

The right to the Code Enforcement Bureau: According to the Tenant-Landlord Handbook of the Fair Housing Council, a tenant-advocacy organization based out of Harrisburg, the Code Enforcement Bureau acts as a helpful supplement to the Pennsylvania Landlord and Tenant Act. Code states that it is within your rights as a renter to research your property at the Department of Code Enforcement. This agency will tell you if the building has been recently inspected, if there are any reported issues or complaints with the landlord of said property or if there are any specific concerns with the property that the landlord did not make you explicitly aware of.

The right to document preexisting damage: As specified by the Fair Housing Council, you have the right to inspect and document any damage to the property that exists prior to your tenancy. Even if these damages do not affect the safety or security of the building, you might still want to make note or take a picture of the damage. This will prove that the said damages did not occur during your lease term and ensure that charges will not be taken out of your security deposit.

The right to guests: As stated in the Tenant-Landlord Handbook, you have the privilege of inviting visitors and guests into your space for a reasonable amount of time. Any damages to the building incurred by any visitors become the tenant’s responsibility to fix. However, you are absolutely prohibited from renting out any of your leased space.

The right to repairs: You have the right to request repairs from the landlord. If these requests are not addressed in a reasonable amount of time, you can then contact the Department of Code Enforcement either to terminate the lease legally or to make the repairs at your own expense and take the expenses incurred out of the rent balance. The Pennsylvania Landlord and Tenant Act also addresses the notion of withholding rent as a way to see that repairs are made. If you find yourself in this position, it is important that you become familiar with the exact clauses that relate to withholding payment or putting rent in escrow funds. This can be found in Section 250.511a as well as in the Tenant-Landlord Handbook. But remember, damages caused by the tenant are the tenant’s responsibility. For example, if you break an otherwise functional door knob, it is your responsibility to replace said knob.

The right to basic needs outlined by the Housing Code: According to the City of Harrisburg Housing Code, whose mandates also apply to the city of Pittsburgh, landlords are to provide tenants with the following:

-Heat, between Oct. 1 and May 15

-Access to hot and cold water

-A roof that meets the Housing Code’s standards and does not leak

-Floors, stairs, handrails, windows, screens and doors which are in good condition

-Extermination of insects and rodents: It is important to note that if the renter does not keep the property in a sanitary condition, extermination no longer becomes the responsibility of the landlord.

The right to legal eviction: The rented property cannot be repossessed by the landlord prior to the conclusion of the lease without the legal processing of eviction. This means that unless you are notified by a court, you cannot be kicked out of the property before the lease is up.

The right to your security deposit within 30 days: When your lease has expired, your landlord has the right to evaluate the property and determine what, if any, amount of the security deposit should be taken out for repairs. You have the right to receive the remainder of your security deposit within 30 days of the time that you moved out, provided that you leave a forwarding address with the landlord. With this return, you also have the right to a written list of any charges that were taken out of the fund. As part of Pennsylvania’s Civil Code, the Landlord and Tenant Act states that if you do not receive this list or your security deposit within 30 days of moving out, you are within your rights to sue your landlord for double the security deposit.  To do so, you must file a complaint against the landlord at a district judge’s office.

Now with the mystery removed from the legal jargon, you are fully equipped with the knowledge that will make you a good tenant and allow you to hold your landlord accountable for his role during your time leasing.