Tenant Law in North Dakota
Relationships between landlords and tenants in Minot, North Dakota can get combative. It's difficult to be a tenant or a landlord. If one or both parties are not aware of their legal rights and obligations, conflicts can arise.
Tenants and landlords have numerous legal rights and responsibilities. In general, these rights don't conflict with one another, as long as both parties are clear about what they are, and act accordingly.
Landlord's Rights in Minot, ND
First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner.
Landlords also have a right to be paid for damage to the building that a tenant causes, either intentionally or negligently. All damage caused by a tenant, besides reasonable wear and tear, can be billed, and the landlord can deduct from the tenant's security deposit to pay for repairs.
Tenant's Rights in Minot, ND
The most basic right of a tenant is the right to a living space that's fit for human habitation. This is, after all, what they're paying the landlord to present. Landlords in Minot, North Dakota are under a legal duty to make sure that their apartments are habitable. There are numerous factors that are considered in deciding if an unit is habitable or not, but, generally, an unit will not be deemed habitable if it lacks any of the following: running water, electricity, heat, and protection from the elements (such as proper insulation, and windows that close).
Tenants also have a right to ensure that the common areas of their apartment building are reasonably safe. Landlords are required to make sure that the common areas of their buildings meet Minot, North Dakota's building codes, and that there are no conditions that create unnecessary safety hazards. They are obligated to make, at their own expense, the proper repairs.
Under the laws of North Dakota, and the United States, discrimination in housing on the basis of race, religion, or gender is strictly prohibited. Moreover, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to permit the renter to make reasonable modifications to their apartment, to make it more accessible. Generally, landlords are only required to allow relatively minor and reversible modifications, and tenants cannot compel them to remodel the building, for example. Also, once the tenant leaves, the landlord can bill the tenant for the costs of restoring the apartment to its original condition.
And lastly, most state laws prevent landlords from arbitrarily evicting tenants. If the lease agreement is for a set period of time, the landlord usually can't evict the tenant until the lease expires, without a good reason. Valid causes for eviction include unpaid rent, illegal activities on the property, damage to the building caused by the tenant, and excessive noise.
Can a Minot, North Dakota Landlord/Tenant Lawyer Help?
Tenants and landlords always want to avoid getting into any serious disputes - these disputes interfere with the tenant's living arrangement, and the landlord's business. In short, they help nobody. While a good Minot, North Dakota attorney can definately help his or her client prevail in such a dispute, they may be more essential for their ability to help prevent such disputes from escalating in the first place.