Frequently Asked Questions (FAQs)
Can a landlord refuse to rent to seniors?
A landlord cannot legally refuse to rent to you simply because of your age if you live in a state or city that includes age as a protected class in its fair housing laws. The federal Fair Housing Act does not explicitly protect against age discrimination, but it does protect against disability discrimination. A landlord cannot assume you are disabled or unable to care for a property based on your age. Furthermore, they cannot refuse to rent to you because your income comes from Social Security or a pension; they must treat these lawful sources of income the same as employment wages.
What are my rights as an elderly tenant if I develop a health problem?
Under the Fair Housing Act, you have significant rights. If you develop a disability, you are entitled to request “reasonable accommodations” and “reasonable modifications.” A reasonable accommodation is a change to a rule or policy, such as getting a designated parking spot for mobility issues. A reasonable modification is a physical change to the unit, like installing grab bars in the shower. The landlord must allow these changes if they are necessary for you to live comfortably and safely, though you may have to cover the cost of modifications yourself.
Can my landlord raise the rent as much as they want?
This depends on your lease and location. If you have a fixed-term lease (e.g., for one year), your landlord cannot raise the rent until the lease term is over. If you have a month-to-month lease, they can raise it, but they must provide proper written notice, typically 30 to 60 days. Some cities and states have rent control or rent stabilization laws that limit how much and how often a landlord can increase the rent. It is essential to check your local laws to see if you are covered by such protections.
What happens if I need to break my lease to move into an assisted living facility?
This is a common concern for senior renters. Some states have specific laws that allow seniors to terminate a lease early without penalty if they need to move to a nursing home or assisted living facility due to medical necessity. These laws usually require a doctor’s certification and a specific amount of written notice to the landlord. If your state does not have such a law, you would be bound by the terms of your lease’s early termination clause, which may require you to pay a penalty or be responsible for rent until a new tenant is found. Always review your lease and check your state’s statutes on this issue.
What is the best way to protect my security deposit?
The best way to ensure the full return of your security deposit is through meticulous documentation. First, complete a thorough move-in inspection with photos or video to document any pre-existing damage. Second, give your landlord proper written notice of your intent to move out, as required by your lease. Third, before you leave, clean the apartment thoroughly and take move-out photos and videos to show the condition in which you left it. Finally, provide your landlord with your new forwarding address in writing so they know where to send the deposit. Know your state’s deadline for the landlord to return the deposit (e.g., 21 or 30 days) and follow up in writing if you don’t receive it.
For official information, consult government resources like USA.gov, the Consumer Financial Protection Bureau (CFPB), and the Federal Trade Commission (FTC).
For tax-related topics, refer to the IRS. For information on Social Security, visit the Social Security Administration.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.
