Key Concepts and Terminology Explained
Before diving into the practical steps of renting, it’s important to understand the language of the rental world. These terms form the foundation of your relationship with a landlord and the legal protections you have as a tenant.
Lease Agreement (or Rental Agreement)
A lease is more than just a piece of paper; it is a legally binding contract between you (the tenant) and the property owner (the landlord). It outlines the rules of the tenancy for a specific period. A fixed-term lease has a set start and end date (e.g., one year), while a month-to-month lease renews automatically each month until either party gives notice.
Your lease will detail crucial information, including the rent amount, due date, security deposit, rules on pets or guests, and responsibilities for maintenance. Read it carefully before signing, as you are agreeing to abide by all its terms.
Security Deposit
A security deposit is a sum of money you pay to the landlord at the beginning of your lease. Its purpose is to cover any unpaid rent or damage to the property beyond normal wear and tear. Most states limit the amount a landlord can charge (often one or two months’ rent) and have strict rules about how and when it must be returned after you move out. The landlord must typically provide an itemized list of any deductions.
The Fair Housing Act (FHA)
The Fair Housing Act is a landmark federal law that protects tenants from discrimination. It makes it illegal for a landlord to refuse to rent to you, or to set different terms and conditions, based on seven protected classes: race, color, religion, national origin, sex, familial status (having children), and disability. This is one of the most important laws protecting tenant rights.
It is crucial to note that age is not explicitly listed as a protected class under the federal FHA. However, discriminating against someone because you assume they have a disability due to their age is illegal. Furthermore, many state and local fair housing laws do include age as a protected category.
Age Discrimination in Housing
So, can a landlord refuse to rent to seniors? The answer is complex. While the federal FHA doesn’t name age as a protected class, the Age Discrimination Act of 1975 prohibits age discrimination in programs or activities receiving federal financial assistance. More importantly, many states (like California, New York, and Florida) and cities have their own laws that explicitly forbid landlords from discriminating against tenants based on their age. This means a landlord in one of these areas cannot refuse you an apartment simply because you are 70 years old.
It’s also illegal for a landlord to refuse to consider your Social Security or pension benefits as a valid source of income. Refusing to do so is a form of “source of income” discrimination, which is illegal in many jurisdictions and can have a discriminatory effect on older adults.
Reasonable Accommodation and Reasonable Modification
These are two powerful rights for tenants with disabilities under the FHA. They are particularly relevant for seniors who may develop mobility or health challenges.
- A Reasonable Accommodation is a change in a rule, policy, practice, or service that is necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling. For example, requesting a designated accessible parking space closer to your unit, or asking for an exception to a “no pets” policy for a documented assistance animal.
- A Reasonable Modification is a structural change made to the premises to allow a person with a disability to fully enjoy the housing. Common examples include installing grab bars in a bathroom, a ramp to the entrance, or lowering kitchen counters. Generally, the landlord must permit the modification, but the tenant is responsible for paying for it.
Warranty of Habitability
In nearly every state, the law implies a “warranty of habitability” into every lease. This is a legal promise from the landlord that the rental unit is safe and livable. It means the property must have essential features like working plumbing and heat, electricity, clean water, and be free from hazardous conditions or major pest infestations. If a landlord fails to maintain a habitable property, you have specific legal remedies, which vary by state.
Eviction
Eviction is the formal legal process a landlord must follow to remove a tenant from a rental property. A landlord cannot simply change the locks, throw your belongings out, or turn off your utilities. This is called a “self-help” eviction and is illegal. To evict you, the landlord must first give you a formal written notice, and if you don’t comply, they must file a lawsuit in court and obtain a court order. Understanding this process is vital to protecting yourself from illegal removal.
