Know Your Apartment Rights in San Marcos

Know Your Rights in San Marcos Apartment

You've found the perfect San Marcos apartment. Now it's time to make application, sign the lease and get moved in. It's important now that you understand your rights as a tenant. While much of your lease agreement protects the landlord, tenants in every state are entitled to the performance of certain responsibilities by their landlord.

Discrimination

According to the Federal Fair Housing Act and Fair Housing Amendments Act (42 U.S. Code §§ 3601-3619, 3631), a landlord may not refuse to rent, evict or otherwise discriminate on the basis of race religion, national origin, sex, age, family status (with the exception of certain designated senior housing) or physical or mental disability. In addition, many local municipalities prohibit discrimination based on sexual orientation or marital status.

This type of discrimination includes not only refusing to rent, but also such practices as setting higher income standards, or more restrictive lease terms. If you believe that a landlord in your San Marcos apartment has violated fair housing statutes, you should contact the US Department of Housing and Urban Development (HUD). Visit their Web site at www.hud.gov for more information.

A Livable Apartment in San Marcos area

Once in your new apartment, under most state laws, your San Marcos landlord has a legal responsibility to provide a livable environment - to provide adequate weatherproofing, heat, water and electricity and to ensure sanitary and safe conditions. This means there should be no broken windows or leaking roofs, that plumbing is in working order with adequate hot and cold running water for bathing and cleaning, that there are adequate garbage disposal receptacles and removal, that roaches and rodents are controlled and that floors, stairs and railings are in good repair. Some municipalities also have requirements regarding smoke detectors and secure locks.

If a landlord fails to maintain a habitable apartment, there are a number of remedies a tenant may pursue. Don't simply withhold rent to try to force an errant landlord to make repairs. This could result in your eviction, even if the landlord is guilty. Some states allow tenants to pay themselves for necessary repairs and deduct that amount from their rent. See chart below for specific housing statutes by state.

Once you have exhausted attempts with your landlord (and putting these requests in writing may help you down the road), depending on the nature of the violation, report the property owner to the local building inspector, housing authority, health or fire department. A written notice may be issued to the landlord, specifying a deadline for remedy.

A tenant may also sue a landlord for rent, and in some circumstances, physical and emotional hardship.

Your Rights to Privacy in San Marcos apartment

A landlord may enter a tenant's apartment, but only under certain circumstances. The owner may enter your apartment in case of emergency, to make necessary repairs, inspect for damage or to show the apartment to prospective tenants. In many areas, advance notice, ranging from 12 to 24 hours, is required before entering for any other reason than emergency. Check your state and local agencies for specific rules in your locality.

• Alabama Ala. Code §§ 35-9-1 to -100
• Alaska Alaska Stat. §§ 34.03.010 to .380
• Arizona Ariz. Rev. Stat. Ann. §§ 12-1171 to -1183; §§ 33-1301 to -1381
• Arkansas Ark. Code Ann. §§ 18-16-101 to -306
• California Cal. [Civ.] Code §§ 1925-1954, 1961-1962.7, 1995.010-1997.270
• Colorado Colo. Rev. Stat. §§ 38-12-101 to -104, -301 to -302
• Connecticut Conn. Gen. Stat. Ann. §§ 47a-1 to -50a
• Delaware Del. Code. Ann. tit. 25, §§ 5101-7013
• District of Columbia D.C. Code Ann. §§ 45-1401 to -1597, -2501 to -2593
• Florida Fla. Stat. Ann. §§ 83.40-.66
• Georgia Ga. Code Ann. §§ 44-7-1 to -81
• Hawaii Haw. Rev. Stat. §§ 521-1 to -78
• Idaho Idaho Code §§ 6-301 to -324 and §§ 55-201 to -313
• Illinois Ill. Rev. Stat. ch. 765 para. 705/0.01-740/5
• Indiana Ind. Code Ann. §§ 32-7-1-1 to 37-7-19
• Iowa Iowa Code Ann. §§ 562A.1-.36
• Kansas Kan. Stat. Ann. §§ 58-2501 to -2573
• Kentucky Ky. Rev. Stat. Ann. §§ 383.010-.715
• Louisiana La. Rev. Stat. Ann. §§ 9:3201-:3259; La. Civ. Code Ann. art. 2669-2742
• Maine Me. Rev. Stat. Ann. tit. 14, §§ 6001-6045
• Maryland Md. Code Ann., [Real Prop.] §§ 8-101 to -501
• Massachusetts Mass. Gen. Laws Ann. ch. 186 §§ 1-21
• Michigan Mich. Comp. Laws Ann. §§ 554.601-.640
• Minnesota Minn. Stat. Ann. §§ 504.01-.35
• Mississippi Miss. Code Ann. §§ 89-8-1 to -27
• Missouri Mo. Ann. Stat. §§ 441.010-.650; and §§ 535.150-.300
• Montana Mont. Code Ann. §§ 70-24-101 to -25-206
• Nebraska Neb. Rev. Stat. §§ 76-1401 to -1449
• Nevada Nev. Rev. Stat. Ann. §§ 118A.010-.520
• New Hampshire N.H. Rev. Stat. Ann. §§ 540:1-540-A:8
• New Jersey N.J. Stat. Ann. §§ 46:8-1 to-49
• New Mexico N.M. Stat. Ann. §§ 47-8-1 to -51
• New York N.Y. [Gen. Oblig.] Law §§ 7-101 to -109; N.Y. [Real Prop.] Law §§ 220238;
       N.Y. [Mult. Dwell.] Law §§ 1-11; N.Y. [Mult. Resid.] Law §§ 305
• North Carolina N.C. Gen. Stat. §§ 42-1 to -56
• North Dakota N.D. Cent. Code §§ 47-16-01 to -41
• Ohio Ohio Rev. Code Ann. §§ 5321.01-.19
• Oklahoma Okla. Stat. tit. 41, §§ 1-136
• Oregon Or. Rev. Stat. §§ 90.100-.435
• Pennsylvania Pa. Stat. Ann. tit. 68, §§ 250.101-.342
• Rhode Island R.I. Gen. Laws §§ 34-18-1 to -19
• South Carolina S.C. Code Ann. §§ 27-40-10 to -910
• South Dakota S.D. Codified Laws Ann. §§ 43-32-1 to -26
• Tennessee Tenn. Code Ann. §§ 66-28-101 to -517
• Texas Tex. [Prop.] Code Ann. §§ 91.001-92.301
• Utah Utah Code Ann. §§ 57-17-1 to -5, -22-1 to -6
• Vermont Vt. Stat Ann. tit. 9, §§ 4451-4468
• Virginia Va. Code Ann. §§ 55-218.1 to -248.40
• Washington Wash. Rev. Code Ann. §§ 59.04.010-.900, .18.010-.910
• West Virginia W. Va. Code §§ 37-6-1 to -30
• Wisconsin Wis. Stat. Ann. §§ 704.01-.40
• Wyoming Wyo. Stat. §§ 34-2-125 to -130

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