It often feels like you hear a ton about bad landlords, a tiny bit about good landlords, and almost nothing about the people in between… you know, the ones who neither are your best friend nor take advantage of you as a renter, but who just do their jobs.
But we should be talking about the typical landlord a lot more! Not only are they the most common experience, but interacting with the leasing system is a great opportunity to take advantage of your rights as a renter.
What are my renters’ rights?
They’re what you automatically get just by upholding your responsibilities as a renter.
Uh… what are my responsibilities as a renter?
The terms of your rental contract, and to pay rent. That’s it.
Is that really it?
Maybe you’re way ahead of me on this, but it took me a second to figure out that I didn’t owe my landlords literally anything beyond my monthly rent check and the terms and conditions I’d agreed to in my lease.
My landlords weren’t my parents, they weren’t my friends, and it turns out you don’t even get a gold star for being an A+ tenant who only ever asks for one thing fixed in seven years. (Why my toilet started suddenly and endlessly flushing of its own accord early on a Sunday morning, I will never know.)
But while you can’t get awards for being the best tenant, you do get rewards just for being a good tenant—or even just being a tenant at all. (See what I did there?)
These rewards are called “renters’ rights“.
Back up! What exactly are ‘renters’ rights’?
Hopefully you’re already well aware of this, but if you rent a property in America or its territories, there are lawful protections in place that are designed to help people who sign rental agreements. Renters’ rights extend from the federal level—meaning laws that universally apply to every state, U.S. territory, and the capital—all the way down to laws applicable only at the local level.
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Those rules and regulations differ vastly between areas, so it won’t be possible for us to get into the logistics of every single state in this one article, sadly.
But what I will do is cover the federal guidelines, plus lay out some of the specifics of my home state of California (plus my hometown of West Hollywood) in order to give you an idea of what sorts of things to be on the lookout for.
And don’t worry, I’ll also show you how to gain access to this information for your very own state, city, and even your neighborhood.
What are my federal renters’ rights?
Broadly speaking, in America, your overall federal renters’ rights (which you can click and dive into if you’re curious) are designed with three main goals in mind:
- Provide a template for landlord-tenant agreements that can be adopted at the state level
- Safeguard every renter’s right to a habitable space
- Ensure that no American tenant experiences discrimination
Maybe you’ve heard this stuff before, but the first step to taking advantage of your rights as a renter is understanding them, so let’s dive a little deeper.
“Renters’ rights extend from the federal level, all the way down to the local level.”
A habitable space literally means “suitable or good enough to live in”, with specifics determined by your state. But examples of breaches might include:
- Lack of running water
- Faulty wiring
- Poor maintenance
- Pest infestation
- Holes in the wall, ceiling, or floor
In terms of no American tenant experiencing discrimination, the Federal Fair Housing Act prohibits discrimination on the basis of:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
This is enforced by the U.S. Department of Housing and Urban Development (HUD).
Never be shy about reporting rental discrimination infractions
Never be shy about reporting rental discrimination infractionsIf you’re having issues in any of the above areas, you don’t have to just suffer through it; the federal government is there to provide support in just these sorts of situations without retribution.
If you feel you’ve been experiencing discrimination from a landlord, you can (and should!) file an online complaint here. For habitability issues in federal housing, you can call (800) 685-8470, while those living in non-federal housing should contact state services (which we’ll get into next).
What are my state-level renters’ rights?
With the federal rights covered above, now we can zoom down to the state level to see what specific rights (often called “tenant rights”) you’re entitled to within the state that you live in.
Tenant rights cover a massive range of topics, and may (or may not) include written rules for matters such as:
- Utilities
- Rent control, and/or rights of low-income citizens
- Security deposits
- Air conditioning
- Lawyers
- Insurance obligations
- Thresholds for maintaining renter or landlord status
- Disaster relief
- Military members
- Specific parameters for things such as evictions, repairs, late fees, or lockouts
- And much, much more
There are a lot of ways to go about figuring out your own state laws, but the two easiest ways are:
- Google [your state] + [renters rights/tenants rights]
- Select your state from the list below and explore (try to stick to “.gov” websites)
Where I live in California, for example, I’m led to a 121-page document that lays out everything I need to know as a renter, which includes a lengthy section on my rights as a renter.
Here are just a few of the things Californian renters are entitled to:
- Strict limits on security deposits and late fees
- Information about rent control ordinances that could limit or prohibit rent increases
- Limits on their landlord’s ability to enter their property
- The circumstances under which they’re allowed to withhold rent payments
- Specifics about what “habitable” means in California
- The right to know whether someone died in their unit (!) within the last three years
- Information about procedures their landlord will have to follow if they want to evict them
What are my current place’s renter rights?
It should all be on the paper you signed (digitally, or in person).
In other words, your lease. This is the most relevant piece of literature for any renter. You should always read it carefully before signing.
Here’s the thing though: an unsigned contract is your chance to ask for amendments. You can get items struck that you know (from your research) aren’t legal, and potentially even request a rent reduction. (Hey, there’s no harm in asking!)
But even if you’ve already signed your lease, now is as good of a time as any to go back through it and make sure your landlord is holding up their end of the bargain.
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What can get me a better personal lease?
Great question! And the answer is almost as long as the state-wide list of stuff up there.
It’s often a matter of getting creative with your asks. There are no guarantees, of course. But there are a bunch of us who’ve saved hundreds (if not thousands) of dollars with gentle negotiation and a little bit of tenant rights research.
Okay, so beyond my rights, what kinds of rent relief and additional perks are we talking here?
I’m talking about renter perks like
- Rent reductions
- Security deposit waivers
- Full-on lease rewrites
- And beyond!
But usually only if you ask! Ask, ask, ask!
Changes in your lease are all about doing your research and collecting supporting evidence that you can bring to your landlord or managing company as proof that you should get what you’re asking for.
How to Get Rent Relief Through a Better Lease
I’ve compiled a great list of tried-and-true techniques, as well as a few lesser-talked-about tactics for increasing the value of your rental lease.
- Keep an eye out for empty units in your building
A friend of mine who lives in a Brooklyn two-bedroom had her roommate move out during the pandemic, and she couldn’t afford the rent on her own. Yet she’d noticed there were multiple open units in her building that hadn’t been rented for months, so she asked if her landlord might be willing to negotiate the price.
He asked what she’d be able to pay, and the two of them ended up settling on a price that was a whopping $1,000 less per month than she and her roommate had previously been paying, all because she’d been a good tenant and he didn’t want to lose her (or her monthly rent check).
- Scope out any issues with nearby public transportation
When I moved in with my boyfriend after his lease ran out in 2018, his landlord wanted to increase the rent by a little over $100 per month. But when I pointed out that the subway nearest to our apartment in Astoria was scheduled to be closed for the next few months—meaning a significantly longer walk to the train—he agreed to keep the rent where it was.
“Beyond your official, written protections, there are often goodies within reach for those who pay their rent on time, communicate well with their landlords, and are generally good neighbors.”
- Look for impending demolition or construction notices
Something else I pointed out to our Astoria landlord was that construction was starting on the empty lot next door, which was going to be a noisy nuisance during the day—when I’d be home working as a freelance writer or trying to sleep after a late-night bar shift. Who knows whether the deciding factor was the train or the construction, but either way, he agreed! I’m glad I was ready with both.
- Get a reduction for a newly-obstructed view
A friend of mine who lived in Washington D.C. watched nearby construction completely change the view from his high-rise apartment. In response, he was able to get his rent decreased by $400 per month just by bringing it up with his landlord! (If something is going to affect the amount your building can rent units to new tenants for, existing tenants should be able to take advantage of that change as well.)
- Be the tenant you wish to see in the world
Be the tenant you wish to see in the world Beyond your official, written protections, there are often goodies within reach for those who pay their rent on time, communicate well with their landlords, and are generally good neighbors.
Take a moment to think about what kind of renter you are. There’s no more shame in being a mediocre renter than there is in being a mediocre landlord; it all just comes down to how much more attention you want. If you’re currently getting away with something like an unapproved subletter, a secret pet, tons of wall damage, or late rent payments you haven’t been dinged for yet, you might not want to ask for anything additional for risk of losing the benefits you’re already skating by with. But it’s truly up to you.
- Google your specific neighborhood’s laws
Depending on your area, you may be covered by local city or even neighborhood laws that offer protections beyond what’s included in that document.
In my city of West Hollywood, for example, we have this great Rent Stabilization Ordinance that ensures that rents can only be increased once annually, and then only by a set amount. Currently, it’s capped at 2.25%, and rent increases of any kind were specifically prohibited during the pandemic. (As were evictions, but that hasn’t stopped my landlord from putting notices on doors and hoping people don’t know their business, so stay alert!)
- Make the most of a crushing recession (or, y’know, a global pandemic)
A friend who lived in New York City in 2008 balked at a proposed rent increase at the height of the recession. Thinking quickly, she looked up the city’s cost of living increase for the year, which was so low that it didn’t justify the jump in rent. She called her leasing office to plead her case, letting them know she wasn’t able to pay the new number. She was able to talk them out of charging her more—at least until the next year.
- Come up with your own contract ideas, then give them a shot (seriously)
At the end of the day, a living arrangement is anything that multiple individuals legally agree to. It’s very probable you don’t know what’s going on in the life of a landlord. How much slack they have and what they have to work with will be different for every single person.
Here are other things that might lead your landlord towards granting rent relief
- Overall rent decreases in your area
- If they have other problem tenants who are taking up a lot of their resources
- A change in your own income, like losing your job or suddenly finding yourself without a roommate or partner to split the rent
Basically, if it comes down to a choice between a rent reduction or having to find a new tenant who may or may not be more reliable than you’ve been, you’d be surprised at how many landlords will choose the first option. This is true especially right now, with rent costs plunging on average in the wake of COVID-19.
Remember, we as tenants have more rights and negotiating power than you might realize. Use them.