Rights & Obligations of Landlords & Tenants

Landlords must represent their properties accurately and fairly.

Landlords must represent their properties accurately and fairly.

Renting an apartment is a major commitment, for both the landlord and the tenant. Each party is subject to specific rights and responsibilities. Landlords and tenants who fail to fulfill their duties or encroach on one another's rights risk eviction, lawsuits and a long, inconvenient dispute process. This is why it's important for landlords to screen potential tenants and for tenants to ask plenty of questions before signing a rental agreement.

Rental Agreement

A rental agreement is a legally binding document that a tenant and landlord both sign to initiate a lease. Except for provisions that violate state laws, both the landlord and tenant are bound by the terms of the rental agreement. Tenants need to read rental agreements thoroughly before signing to learn about special building policies, like the use of shared space and how often tenants are permitted to have overnight guests. Landlords must be sure to include any important provisions in the agreement and explain them thoroughly to tenants to avoid trouble later. Although an oral contract is also valid as a rental agreement, states like California require landlords to provide a written synopsis of the agreement to the tenant upon taking possession of the rental unit.

State Laws

Each state has its own set of laws governing landlord and tenant rights. One of the most basic rights that tenants have is the right to a habitable, safe place to live. According to California's Department of Consumer Affairs, this means that landlords must keep the rental unit reasonably clean and ensure that it has adequate insulation, heating and utility service. State laws also spell out the process for withholding rent, with some states allowing tenants to place rent money in escrow until a court rules on a dispute between the landlord and tenant.

Paying Rent

Paying rent is one of a tenant's primary obligations. The amount and due date for rent should be included in the rental agreement. Tenants who fail to pay rent on time may be allowed a grace period if the landlord stipulates this kind of policy in the agreement. If a tenant pays cash or uses a money order to pay rent, landlords are obligated to provide a receipt as proof of payment. In cities with rent control, landlords can only raise rent by a certain percentage each year.

Basic Rights

Daily life in a rental unit incorporates more rights and obligations for tenants. Tenants have the right to privacy, which usually means that the landlord must give 24 hours' notice before entering the unit to make repairs or perform an inspection. Subleasing to another tenant may be allowed according to the terms in a rental agreement or under state law. In these cases, the landlord may have the right to screen all potential subtenants. To break a rental agreement, tenants must give 30 days' notice and make the apartment available for showing to new tenants. Tenants who break a lease that has not yet lapsed may be obligated to continue paying rent even if they leave the rental unit.


Disputes between landlord and tenants can be long, drawn-out processes. Local courts will offer the final ruling whenever one party decides to take legal action against the other. To prepare for a legal dispute, tenants must keep a record of all communication with the landlord and should consult a lawyer with experience in local tenancy law. Some rental agreements may require the tenant to waive her right to take legal action against the landlord, but in California, a landlord cannot require a tenant to give up her right to a trial by jury regarding a dispute, so this provision in a lease agreement is unenforceable.

Photo Credits

  • Goodshoot/Goodshoot/Getty Images
Suggest a Correction