[ Close ]

Tenants' Rights
What rights do you have to do something about unsafe levels of lead or some other household danger? While laws vary greatly from place to place, in general you have the right to a safe, healthy place to live. Federal, state and local governments have laws intended to protect this right. Below are some Healthy Homes Basics that are usually covered in law.

Healthy Home Basics

No unsafe levels of hazards: natural gas, radon, carbon monoxide, mold, etc. (usually in local housing or health codes).

Lead warning: to be told, in advance, if the property contains dangerous amounts of lead (under Federal law).

Basic electricity: including no hanging wires (local housing codes)

Temperature control: at safe levels, working furnace, fan/AC, ventilation, etc. (local housing codes).

Plumbing: working sinks, hot water, and pipes that do not leak (local housing codes).

No rats or roaches (local housing or health codes)

Trash removal (local housing or health codes)

Weather protection: walls, floors and ceilings without holes, leaks, cracks, or peeling paint (local housing codes)

Police protection: from neighbors or other tenants who violate the law (fighting, noise, etc.)

Home security: smoke detectors, fire escapes, locks, peepholes, etc. (local housing or fire codes)

No unlawful entry: including landlord (landlord-tenant law or common law)

Speedy repair: of violations (landlord-tenant law or common law)In many communities, you may have additional rights under state or local tenant-landlord law, including remedies for bad conditions, privacy protections, protection from landlord retaliation, protection for the right to organize and/or protection from exorbitant rent increases.

Enforcement

In some areas, especially lower-income communities, these rights may not clearly exist or are not easily enforced. The following is a general list of steps to take to exercise the rights you do have and get your housing problems addressed. (Note that variation in laws from place to place may enhance or limit your ability to do some of these things. Become familiar with your local laws.)

1. Find out if there is a violation. If you have used the hazard detection tools, you should have evidence of any violations. The U.S. Environmental Protection Agency (EPA) website also has information on testing for various hazards, available in the individual sections of the site on each hazard (for example, there are some notes on testing for lead within the EPA's main lead area).

2. Notify the landlord of the problem.

  • Call or meet with the landlord.
  • Ask for repairs in a letter (keep a copy). (See the Tenants Union of Washington State's collection of sample letters here; scroll to the end of the page.)

3. Have the apartment inspected.

  • Understand the housing code enforcement system in your locale. PolicyLink's website also has information on understanding and using code enforcement.
  • Be prepared for the inspection. Make sure you aren’t violating any codes for safety, cleanliness, or any other reason. An inspector could cite you for violations.
  • When the inspector comes, point out ALL the problems with the apartment.
  • Make sure inspectors document any code violations for you and the property owner. Get the inspector’s name and a copy of the inspection report.
  • Retaliation by a property owner is usually illegal. Landlords should not raise the rent, attempt to evict, or harass a tenant for inspecting a home.

4. Take action.

5. Other options. In cases where the property owner refuses to fix the problem, these are some further options to consider (again, consult a lawyer):

  • Withhold rent (if local laws permit).
  • Repair the problem and deduct the cost from your rent (if local laws permit).
  • Break the lease and leave (if local laws permit).
  • Take it to court. Ask a tenant rights group or legal aid organization for legal advice on going to court to seek repair orders against your landlord. See “Tenant Defenders” below.
  • Seek a receivership (or administrator). If violations are serious and extensive and if local laws permit, ask the court to appoint a receiver or administrator to take day-to-day control of the property temporarily. Receivers usually are given control of the rental income and sometimes may tap other resources to make repairs.

Tenant Defenders

You don’t have to fight for your safety alone. You have the right to get help, and the good news is that there is probably a group working for tenants rights in your area.