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The Essential Laws for Renters in Oyster Bay

Gavel with sound block and house model over desk in front of a property manager.The major federal and state laws that affect your rights and responsibilities as a tenant should be well known to you. If you’re a tenant, knowing these rules will make you a better one. This can improve your overall experience and help you avoid future problems with your landlord.  Here are some of the most important laws to be aware of as a renter:

Warranty of Habitability

Although it goes by a variety of names on different states, implied warranty of habitability laws are state laws that ensure that your rental unit is livable. In most states, this means that the rental property meets minimum standards for things like heat, water, and electricity.

Choosing a Tenant

State and federal laws give landlords the right to choose their tenants. But the laws also state that a landlord’s decision must be based on creditworthiness, income, or past history. They cannot refuse to rent to someone based on things like skin color, religion, sexual orientation, familial status, and disability.

Fair Housing Act

The Fair Housing Act is a federal law that prohibits landlords from discriminating against tenants based on protected characteristics such as race, religion, gender, national origin, and disability. This law was enacted in 1968 and allows renters who feel discriminated against because of one or more of these characteristics to file a complaint with the U.S. Department of Housing and Urban Development (HUD), regardless of which state they live in.

Limiting the Number of Children

Under the Fair Housing Act, a landlord cannot refuse to rent to a tenant based on how many children the tenant has. The law also states that a landlord cannot restrict children from enjoying public or shared places.

Service Animals

Service animals qualify as a reasonable accommodation under federal laws such as the Americans with Disabilities Act, which means that property owners can’t just say no. If you have a service animal, your landlord is not allowed to increase your rent or collect a pet fee. Landlords, on the other hand, can require that a service animal be vaccinated, licensed, and registered in accordance with all state and municipal laws.

Discriminatory Advertising

The federal Fair Housing Act, enforced by HUD, also prohibits landlords from utilizing discrimination in rental property advertisements. Discriminatory advertising includes, for example, placing an ad saying that the landlord would not rent to single adults, persons of a specific age, or people in wheelchairs.

Security Deposits

There are laws regarding how a Oyster Bay property manager must manage your security deposit. In most cases, the law allows a landlord to collect and then hold your deposit and possibly use it to complete repairs if you are careless and damage something while living in the house. There are federal limits set on how much a landlord can charge for a security deposit – that is also identified by state law.

Illegal Lockouts

While there is no one federal law that makes locking out a tenant illegal, laws in every state outline the legal eviction process that makes locking a tenant out of their rental house an illegal act. Eviction is a legal process that must be followed properly, or the landlord risks having the court rule in the tenant’s favor.

If you’re looking for a Oyster Bay rental home and property manager who knows and will follow all applicable tenant-landlord laws, Real Property Management Unlimited is who you can rely on. Browse our listings online to find your next rental home!

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.

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