http://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter0-1.html
Introduction
Dealing with your landlord can be a challenging experience, to say the least. You may have a well-intentioned landlord who doesn’t know the law or is bad with business details; or you may be up against a landlord who is mean, petty, and avaricious. (If you have a perfect landlord, you’re probably not reading this book.) Perhaps you know what you want to do in response, but what is legal and will work may be something quite different.
This book gives the bottom line on your rights as a renter, including your rights to privacy; a livable home; the proper use of your security deposit; and fair, nondiscriminatory treatment from your landlord. But it’s important to understand that, in many situations, you can’t legally demand that the landlord live up to his legal responsibilities unless you, too, have fulfilled your duties as a tenant. For example, if you want to force your landlord to perform major repairs by using a rent withholding law, you must be current on the rent. Consequently, throughout this book we alert you to your legal duties—not to be preachy, but to educate you and prevent legal difficulties should you need to take action. Once you understand the strength (or weakness) of your position, you’ll know how far you can push—both informally through negotiation and formally by invoking your legal remedies, in court if necessary. In short, our goal is to make you a savvy, practical tenant who directs just the right amount of time and energy into solving (or better, preventing) a landlord-tenant dispute.
Be warned, however, that a winning legal approach to every problem may not be possible. Even though tenants have far greater rights today than they did 25 years ago, the playing field in most states is still tilted in favor of landlords. Rental property owners have the wherewithal to hire lobbyists and lawyers to further their interests in the legislatures and courts; the efforts of a few tenant unions and consumer protection groups are often no match. And if a legal dispute spills over into court, it’s often the landlord, not the tenant, who can afford an experienced lawyer.
Another note of perspective needs to be sounded. If you’re dealing with an irrational landlord, you may be better off learning to live with the problem—if it’s a minor one. If it’s a more significant problem, you should take advantage of the first legal and practical opportunity to move on, rather than march off to court—even if the law is 150% in your favor. That’s because a protracted legal battle is rarely worth the time, energy, and emotional toll it will extract. Take our word for it: Even tenants who win their lawsuits look back on their legal fight vowing never to go near a lawyer or courtroom again if they can possibly avoid it.
Who shouldn’t use this book? Don’t use this book if you are renting commercial property or space in a mobile home park, hotel, or marina. If you are a tenant in government-subsidized or -owned housing (including the “Section 8” program), your lease may contain terms required by the government, which neither you nor your landlord can change. Tenants who lease residential space in condominiums are generally on the same legal footing as those who rent single-family houses, which means that this book will apply to them. However, condo tenants are also subject to the condominium’s operating rules and regulations (known as “CC&Rs”), which may impose obligations or restrictions on tenants and landlords in addition to those found in federal, state, and local law.
This book gives the bottom line on your rights as a renter, including your rights to privacy; a livable home; the proper use of your security deposit; and fair, nondiscriminatory treatment from your landlord. But it’s important to understand that, in many situations, you can’t legally demand that the landlord live up to his legal responsibilities unless you, too, have fulfilled your duties as a tenant. For example, if you want to force your landlord to perform major repairs by using a rent withholding law, you must be current on the rent. Consequently, throughout this book we alert you to your legal duties—not to be preachy, but to educate you and prevent legal difficulties should you need to take action. Once you understand the strength (or weakness) of your position, you’ll know how far you can push—both informally through negotiation and formally by invoking your legal remedies, in court if necessary. In short, our goal is to make you a savvy, practical tenant who directs just the right amount of time and energy into solving (or better, preventing) a landlord-tenant dispute.
Be warned, however, that a winning legal approach to every problem may not be possible. Even though tenants have far greater rights today than they did 25 years ago, the playing field in most states is still tilted in favor of landlords. Rental property owners have the wherewithal to hire lobbyists and lawyers to further their interests in the legislatures and courts; the efforts of a few tenant unions and consumer protection groups are often no match. And if a legal dispute spills over into court, it’s often the landlord, not the tenant, who can afford an experienced lawyer.
Another note of perspective needs to be sounded. If you’re dealing with an irrational landlord, you may be better off learning to live with the problem—if it’s a minor one. If it’s a more significant problem, you should take advantage of the first legal and practical opportunity to move on, rather than march off to court—even if the law is 150% in your favor. That’s because a protracted legal battle is rarely worth the time, energy, and emotional toll it will extract. Take our word for it: Even tenants who win their lawsuits look back on their legal fight vowing never to go near a lawyer or courtroom again if they can possibly avoid it.
Who shouldn’t use this book? Don’t use this book if you are renting commercial property or space in a mobile home park, hotel, or marina. If you are a tenant in government-subsidized or -owned housing (including the “Section 8” program), your lease may contain terms required by the government, which neither you nor your landlord can change. Tenants who lease residential space in condominiums are generally on the same legal footing as those who rent single-family houses, which means that this book will apply to them. However, condo tenants are also subject to the condominium’s operating rules and regulations (known as “CC&Rs”), which may impose obligations or restrictions on tenants and landlords in addition to those found in federal, state, and local law.
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