The Rights & Responsibilities Issue The Rights & Responsibilities Issue www.FirstCommand.org

Principles Discussed Protection Under Federal Law Rights Responsibilities Renter Landlord Be Informed The Rights & Responsibilities Issue www.FirstCommand.org

Protection Under Federal Law The Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status, and handicap (disability) The Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, because an applicant receives income from a public assistance program, or because an applicant has in good faith exercised any right under the Consumer Credit Protection Act The Fair Housing Act and the Equal Credit Opportunity Act were created to protect the rights of homebuyers, renters, and landlords, as well as to provide equal opportunity for home purchasing/renting and mortgage lending. Prohibited practices outlined by these laws will be listed in this module along with resources for obtaining additional information and reporting any violation of these laws. Certain rights and responsibilities deal specifically with the landlord/tenant relationship. These are usually outlined in a rental agreement, commonly referred to as a lease. The lease will provide detailed information about what is expected from each party. It is signed by renter and landlord and is a binding contract. Though many of the rights and responsibilities may be the same in different locations, landlord/tenant laws vary from state to state and should be researched based on your location. The Rights & Responsibilities Issue www.FirstCommand.org

Rights The Rights & Responsibilities Issue www.FirstCommand.org

Rights of the Renter State law will vary In general, you may expect the right to: Privacy Refuse unlawful or unreasonable entry A decent place to live A certain level of security Proper notice before pesticides are applied Proper notice of rent increase; decrease in services Proper eviction notice Speak out Right to Privacy Landlords should not give out any personal information about tenants to anyone, except in situations where the tenant has provided written permission, the information is a matter of public record, or the information is requested by law enforcement agencies. Right to Refuse Unlawful or Unreasonable Entry The landlord should not abuse the right to enter occupied rental property. Unless it is an emergency, prior notification of the need to enter the property must be provided by the landlord. This notification can be verbal or written. Right to a Decent Place to Live Landlords are required to meet local building and health codes concerning the condition of the rental property and make necessary repairs to keep the home in accordance with local housing/building codes and provide a safe environment. This may include, but is not limited to, common areas shared by two or more rental properties, electrical wiring, plumbing, sanitary facilities, heating, air conditioning, and any other services supplied or required to be supplied by the landlord. Right to Certain Level of Security The landlord may be required by the city, town, or county to supply property security mechanisms, and fire detection devices for security purposes. While the landlord is responsible for reasonable security measures regarding the property, the landlord is NOT responsible for the renter’s personal belongings on or within the property. Renters should consider the need for renter’s insurance on their personal belongings, in case of theft, fire, etc. Right to Proper Notice Before Pesticides are Applied In most states, landlords must provide written notice at least 48 hours prior to spraying pesticides in any occupied rental property. Right to Proper Notice of Rent Increase or Decrease in Services If there is a signed lease contract, the landlord cannot raise rent until the lease expires. If rent is paid month to month, the landlord must give a 30-day written notice before an increase in rent or decrease in services. If rent is paid weekly, the landlord must give ten days written notice. Right to Proper Eviction Notice If an eviction is for nonpayment of rent, the landlord may give a "5-day pay or quit notice.” If there is no lease, the landlord can evict a tenant without any reason; however, the tenant must receive a 30-day written notice. Right to Speak Out The landlord cannot take action against any tenant for joining a renters’ organization or for complaining about the conditions of an apartment to the landlord or any government agency. Be sure to check local and state laws and the lease for other rights that may be available. The Rights & Responsibilities Issue www.FirstCommand.org

Rights of the Landlord State law will vary In general, landlords have the right to: Prompt payment Have compliance with tenancy agreement Increase rent Have tenants pay a late payment penalty Utilities Enter the apartment The Right to Prompt Payment Landlords have the right to receive the rent on the first of each month unless the parties otherwise agree. The Right to Have Compliance With Tenancy Agreement Landlords have the right to have the tenant abide by the terms of the tenancy, whether it is oral or written. If the tenant breaches terms of the tenancy, for example by having unauthorized sub-tenants, pets, smokers, or other prohibited uses, you have the right to terminate the tenancy and to move to evict. Increasing Rent Landlords may increase the rent in any amount they believe the market will bear and they must end the tenancy and notify the tenant of the rent increase. They may increase the rent of a tenant under a lease after the lease terms expires, unless the lease states otherwise. T Late Payment Penalty Landlords may not charge a late fee or penalty for rent paid past the due date. Utilities Landlords may require tenants to pay their own electricity, gas, garbage and/or water bills. The Right to Enter The Apartment A landlord may generally enter the apartment at reasonable times and upon reasonable notice for these reasons: To show the apartment to prospective tenants, purchasers, lenders or their agents; To inspect the premises; To make repairs; To inspect the property to determine damages to be deducted from the security deposit; If the premises appear to be abandoned; or Pursuant to Court order The Rights & Responsibilities Issue www.FirstCommand.org

Responsibilities The Rights & Responsibilities Issue www.FirstCommand.org

Responsibilities of the Renter Responsibilities of the renter should be explicit in the lease or rental agreement The lease or rental agreement are legal contracts They should be read and understood in entirety Signing a lease or rental agreement confirms that the renter is agreeing to take on certain responsibilities. The renter agrees to: Pay the rent on time Sign and keep a copy of the lease Follow the terms of the lease Write down any damages before moving in Obey the rules and regulations Give property notice before moving – usually outlined in the lease Provide correct information on the rental application Keep the apartment in good condition Renters should carefully review documents for any additional responsibilities The Rights & Responsibilities Issue www.FirstCommand.org

Responsibilities of the Landlord Responsibilities of the landlord should be explicit in the lease or rental agreement Landlords are responsible for providing a safe and habitable rental unit for the tenant Responsibilities are also outlined in the Landlord Tenant Laws – usually Landlord Tenant Courts provide protection for tenants and landlords Signing a lease or rental agreement confirms that the landlord is agreeing to take on certain responsibilities, as well. The Landlord is RESPONSIBLE for providing a safe and habitable rental unit for the tenant. While most landlords and tenants take pride in their home, there could often be disagreements between landlord and tenant. Therefore every state has Landlord Tenant Laws and usually Landlord Tenant Courts to protect both tenant and landlord. A landlord has to collect rent in a timely manner to meet their obligations - mortgage, taxes, insurance, payroll for larger companies and maintenance. Being a landlord is a business. Successful landlords treat it as such. The Rights & Responsibilities Issue www.FirstCommand.org

Be Informed Know your rights Know your responsibilities Make your own informed choices Homebuyers, renters, and landlords are protected from fraudulent and discriminatory practices through several different federal and state laws. It is always the responsibility of the homebuyer, seller, renter, and landlord to provide accurate information on all applications, contracts, and rental agreements and to read all documents carefully. Knowing their rights and the rights of others will help consumers make informed decisions as well as give them the ability to identify violations. The Rights & Responsibilities Issue www.FirstCommand.org

Questions First Command Educational Foundation 1 FirstComm Plaza Fort Worth, TX 76109-4999 Toll Free: 1-877-872-8289 www.FirstCommand.org The Rights & Responsibilities Issue www.FirstCommand.org