The recently published Renter’s Bill of Rights aims to push state and local governments into establishing a standard set of renter’s rights. But what does it cover exactly? And how will it affect landlords?

What Is the White House Renter’s Bill of Rights?

President Joe Biden’s administration released a Blueprint for a Renters Bill of Rights in January 2023. It is a white paper that seeks to aid the development of policies that foster fairness for renters in the United States.

The White House Renter’s Bill of Rights is a blueprint for state and local governments to follow. It is merely a statement of principles and is in no way binding. Therefore, it is not a U.S. government policy or law. The Renter’s Bill of Rights does not override, alter, or interpret any current policies or regulations at the federal, state, or local levels.

Renter’s Bill of Rights vs Tenant Bill of Rights

The Renter’s Bill of Rights and Tenant Bill of Rights are two interchangeable terms. Many states already have Tenant Rights in place, and you can check the regulations per state through the HUD website.

Depending on where you are, rights may already be established by law. These include the right to freedom from discrimination, the right to a habitable home, the right to privacy, the right to advance notice of eviction and the right to a disability accommodation.

The Fair Housing Act and state-level fair housing laws also protect Americans from housing discrimination based on certain protected classes.

The Purpose of the Renter’s Bill of Rights

The main objective of the White House Blueprint for a Renter’s Bill of Rights is to create a standard that state and local governments can use when crafting their own renter’s rights. First and foremost, it serves the renters by offering them government protection against predatory or unfair practices by landlords and rental property owners.

Landlord and tenant laws vary immensely from one state to another. Some states have laws that heavily favor landlords, while others heavily favor renters. Biden’s blueprint intends to provide some relief to renters in more landlord-friendly areas.

While renter’s rights have certainly become a hot topic, the primary concern of many tenants in the United States today is rent — specifically rising rent prices. Unfortunately, the Renter’s Bill of Rights does not address this issue, instead focusing on unlawful or unfair practices. And experts believe it is unlikely that the White House would directly interfere with rent prices or rent control laws.

What Does the Renter’s Bill of Rights Cover?

The Blueprint for a Renter’s Bill of Rights lists down five basic principles. The blueprint explains each principle and details proposals that federal agencies can use to take action.

1. Access to Safe, Quality, Accessible, and Affordable Housing

The first principle talks about the safety, affordability, and habitability of housing. While the blueprint does not specifically restrict rent increases, it states that any increases should be reasonable, fair, and transparent.

Renters should pay only up to 30% of their household income on housing costs. It explains that rental property owners should make sure to provide housing that meets habitability standards. No safety or health hazards should also exist.

Additionally, owners should offer amenities and services as they advertised or included in the lease. Owners should also ensure proper maintenance of the housing unit and common areas. Furthermore, it must not be unnecessarily difficult for renters to apply for or receive housing aid. Renters should also have a right to fair and equal tenant screening.

2. Clear and Fair Leases

Landlords should provide fair leases with clearly defined terms, responsibilities, and rights. There is no room for mandatory arbitration clauses, hidden or unlawful fees, unfair or deceptive practices, unauthorized terms, and false representations. Policies should be clearly and transparently laid out, especially regarding security deposits.

If the landlord intends to enter the unit, they must provide reasonable notice in advance. The same goes for any significant changes to the unit. Landlords must write the lease in a way that uses clear, simple, and accessible language.

3. Education, Enforcement, and Enhancement of Rights

The blueprint encourages federal, state, and local governments to do their part to protect renter’s rights. It also pushes governments to educate renters about their rights and to recognize discrimination and exclusion in all forms.

4. The Right to Organize

The blueprint states that renters should have the right to organize without interference. Housing providers, including landlords and property managers, should not harass renters or threaten them with eviction when they decide to organize. Renters should also know who their landlords or property managers are and have a way to communicate with them.

5. Eviction Prevention, Diversion, and Relief

Landlords should use fair and legal eviction proceedings. The blueprint also proposes that all evictions should have a just or good cause. That means landlords can’t evict renters without a justified reason. Renters should also receive reasonable notice if landlords intend not to renew their lease.

This principle also discusses other things, such as alternatives to the eviction system, proper procedures and requirements for evictions, how to file and seal eviction cases, and fair debt collection practices.

A Call for Property Management Companies to Follow Suit

While the White House blueprint certainly tackles several important issues, it does not constitute a law. It also does not compel state and local governments to act or craft renter’s rights. This has led some property management companies to take it upon themselves to establish their own bill of rights for renters.

The blueprint serves as a good guide for property management companies. In addition to the White House blueprint, companies should also look to state and local regulations regarding tenant rights. In doing so, companies can keep managers in check and provide more satisfactory services to renters and landlords alike.

A Starting Point

While the Renter’s Bill of Rights is not a law, it does let governments know where the goalposts are. It is a step in the right direction that will hopefully inspire legislators to enact more standardized laws that protect the rights of renters.

Rental Choice offers a comprehensive online directory of property management companies. Start browsing our directory today!

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A tenant smoking is perhaps one of a landlord’s worst nightmares. Smoking has several negative effects, both actual and perceptual, which is why it gets such a bad rap. But, how can landlords handle smoking in rentals anyway?

Do Tenant Smoking Rights Exist?

While tenants’ rights are something landlords should uphold, smoking isn’t one of them. There is no such thing as a tenant’s right to smoke. Currently, no federal or state law gives individuals the freedom to smoke wherever and whenever they wish.

Some might bring up the Fair Housing Act, but it does not apply to this particular situation. The Fair Housing Act prevents discrimination on the basis of certain protected classes. Smokers, though, are not a protected class. And a ban on smoking is not considered discriminatory in the eyes of the law. There are several federal, state, and local laws that support smoking bans.

Why Landlords Dislike Tenants Smoking in Apartment

To some people, a complete ban on smoking in rental properties may seem like an overreaction. But, there are very real consequences that the activity brings. Here are the top reasons landlords impose no-smoking policies.

1. There Are Health Concerns from Secondhand Smoke

Secondhand smoke is a major reason why landlords restrict smoking. According to the CDC, exposure to secondhand smoke can increase lung cancer risk by 20-30% in non-smoking adults. It causes more than 7,300 lung cancer deaths every year in the United States.

2. It Stains and Smells

Tobacco and marijuana have distinct smells that many find unpleasant. And these are smells that still linger around long after the smoke has settled. With repeated use, smoking can even leave cushions, carpets, and curtains smelling like tobacco. If that’s not enough, the nicotine can also stain furniture and upholstery.

When the smoking tenant eventually moves out, the landlord must replace the affected furniture and fixtures. This creates an undue burden on the landlord, not to mention added costs.

3. It’s a Fire Hazard

Smoking is a fire hazard — it’s as simple as that. Tenants may fall asleep with their cigarettes still lit. This can burn the furniture and upholstery. Worse yet, it can start a fire and put everyone at risk.

4. It Raises Insurance Premiums

Insurers believe there is a higher risk of fire when a landlord allows smoking on the premises. As such, they will charge a significantly higher premium for fire insurance than landlords who don’t allow smoking.

5. There Is Potential Liability

Finally, smoking makes landlords more vulnerable to potential liability. There have been many cases in the past where a tenant sued a landlord for permitting smoking. The lawsuits were primarily based on two legal grounds: nuisance and an uninhabitable home.

Smoking is widely regarded as a nuisance because the odors can irritate other tenants. The odors, health concerns from secondhand smoke, and increased fire risk can also be used to argue that a landlord is violating their duty to keep the property habitable.

Can a Landlord Stop a Smoking Tenant?

Landlords can easily cite smoking bans that exist in their area. But, not all smoking bans apply to rental properties, and not all cities have such bans in place. Even without a smoking ban, landlords can generally prohibit smoking on the premises, even inside individual units.

Of course, it is essential to note that such a restriction should be written into the rental or lease agreement. Absent such a clause, a tenant may argue that there is no rule against smoking. No-smoking clauses generally apply to smoking of any kind. This includes tobacco and marijuana.

If the lease agreement does not contain a no-smoking clause, it gets tricky. Landlords usually can’t introduce new rules in the middle of a tenancy. The only exception is if the tenant consents to the change, which must be done in writing. Otherwise, if the fixed-term lease has yet to expire, a landlord can’t create a new policy and add it to the lease.

As for monitoring smoking on the premises, landlords can install smoke detectors in individual units. Many smoke detectors nowadays are sensitive enough or specifically designed to pick up cigarette smoke. The alarm then alerts the landlord of the breach.

For common areas, landlords can install similar smoke detectors and security cameras. However, landlords should keep privacy laws in mind when installing security cameras. The cameras should never be installed or pointed at any place where people reasonably expect privacy. This includes bathrooms, shower rooms, and windows, among other things.

Can You Evict a Tenant for Smoking?

Smoking is not only an unhealthy habit, but it can create all sorts of problems for landlords. Thus, it does not come as a surprise that many landlords consider evicting a tenant smoking. But, can a landlord even do this?

The first thing you must determine is whether or not smoking is permitted. Are tenants allowed to smoke as per the lease agreement? If the agreement does not include a no-smoking policy, then the landlord may not be able to evict on the grounds of a lease violation. But, if the agreement has a no-smoking clause, the landlord can evict the tenant based on a breach in terms.

Not all landlords immediately jump to eviction, though. When a tenant violates the clause, landlords usually start by sending a no-smoking letter to tenants. From there, tenants can remedy the situation, with the landlord only pursuing further action (eviction) if the tenant continues or violates the terms again.

What About E-Cigarettes and Vaping?

Some tenants might argue that the no-smoking policy does not cover e-cigarettes or vapes because they are not technically “smoking.” E-cigarettes and vapes let out vapor or aerosol instead of smoke. However, these can also have detrimental effects on the property and other individuals. That said, it is a good idea for landlords to update their leases to include e-cigarettes and vaping under their no-smoking policy.

Clear Communication Is Key

Dealing with a tenant smoking is never a pleasant experience. But, when the time comes, you want your side to be supported and protected. As such, if you don’t want tenants smoking on the premises, make it clear right from the get-go and ensure your lease agreement reflects this policy.

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Tenants come in all shapes and forms. For the most part, tenants are generally afforded the same protections under the law. And then, there are military tenants who also have their own rights as tenants.

A Landlord’s Guide to Renting to Military Tenants

Being a landlord is often a tricky endeavor. The job is riddled with tasks and problems, not to mention requiring decent knowledge of the law. It is even made more challenging when military tenants are thrown into the mix.

While a good chunk of servicemembers lives in military housing, a larger portion do not. In fact, according to the Department of Defense, 63 percent of servicemembers live off-base in private homes. There are certain privileges servicemembers enjoy when it comes to housing — both in terms of homeownership and tenancy. The law provides military tenant protection that landlords must follow or else face liability.

What are some of the things landlords should remember when renting to military tenants? Keep reading on.

Early Lease Termination Without Penalty

According to the Servicemembers Civil Relief Act (SCRA), military tenants have the ability to terminate their lease early without penalty under certain circumstances. Remember that servicemembers may be called into duty or transferred to a different location at any time. As such, they need the freedom to move out of their rented homes with little notice.

Federal law permits this in three instances:

• Entry into the lease before active service;
• Permanent change of station received while on active duty;
• Deployment in excess of 90 days while on active duty.

Keep in mind that state laws may impose additional instances wherein servicemembers can terminate their lease early. Landlords should research and understand the laws in their own state to avoid legal trouble. A lawyer or property manager may also be able to provide help with this.

Missed Payments Without Much Consequence

What should a landlord do when a military tenant is not paying rent? The SCRA covers this, too. Even with Basic Allowance for Housing, it is entirely possible for a military tenant to miss a payment or two. But, the SCRA affords servicemembers some room to delay rent payments without penalty.

Landlords should bear this in mind as military tenants may stop paying rent and suffer no consequences. This is a potential loss of income for landlords. Of course, this does not happen often, as most servicemembers have an incredible work ethic that ensures they fulfill their duties.

Eviction Only With Court Orders

In general, landlords initiate eviction proceedings as a result of the nonpayment of rent. For servicemember tenants, this is not usually the case. Unless the rent costs more than $4,089.62, landlords can’t evict a military tenant without a court order. The monthly rental rate of $4,089.62 is only as of 2021. The amount changes on an annual basis, so make sure to check beforehand.

If a military tenant misses their rent payments due to work, a court can put a pause on eviction proceedings for up to three months or, sometimes, even longer. Of course, this does not mean the tenant is not liable for the missed payments. Servicemembers also should not use it as a way to escape paying rent completely.

Military Families

Military renters rights typically extend to their families, too. According to the SCRA, the above protections apply to military tenants and families.

The Effect of COVID-19 on the Mortgages of Servicemembers

Beginning June 1, 2021, the Defense Department’s Military Tenant Bill of Rights took effect. The bill has more to do with on-base military houses, though it simply goes to demonstrate the value placed upon servicemembers when it comes to housing.

In 2020, the COVID-19 pandemic plunged many Americans into debt, as unemployment rose and income losses became common. The Coronavirus Aid, Relief, and Economic Relief (CARES) Act provided some cushion to homeowners and tenants. Many military borrowers entered forbearance programs to prevent foreclosing on their homes. Such programs expired at the end of 2021, but the SCRA remains in effect.

Both the Department of Justice and the Consumer Financial Protection Bureau have issued warnings to landlords and mortgage providers, reminding them of the protections that apply to military tenants. This comes after an onslaught of complaints from both military tenants and their families.

Can Landlords Refuse to Rent to Military Tenants?

The federal Fair Housing Act does not recognize military status as a protected class. This generally means landlords can refuse to rent to servicemembers because of the disadvantages associated with it.

However, several state-level fair housing laws do recognize military status as a protected class. In such states (and even local areas), refusing to rent to servicemembers would amount to housing discrimination.

Benefits of Renting to Military Tenants

On the surface, it may seem like renting to servicemembers would be a bad decision. Granted, there are a few drawbacks to it, but there are also a number of benefits.

1. Reliable Source of Income

The government provides military members with a Basic Allowance for Housing (BAH) if they want to live off-base. This means servicemembers have a regular stipend that can pay for rent. It is a reliable source of income, though the amount will depend on a number of factors, including rank, location, and dependents. Landlords who would like to know how much a military member earns in BAH can request a Leave and Earning Statement (LES).

2. Wider Pool of Renters

With 63 percent of military members living off-base, landlords have access to a wider pool of potential tenants. This is particularly great for rental properties in more rural areas that often have difficulty landing renters.

3. Rental Partnership Program

The Rental Partnership Program (RPP) connects landlords with servicemembers searching for private housing off-base. Landlords can benefit from the wider reach this program affords as well as rent paid from military funds. Additionally, under this program, active duty renters must have permanent orders to be stationed in the area for as long as the duration of the lease. This greatly minimizes the known disadvantages of renting to servicemembers.

The Final Word

There is a lot of stigmas associated with renting to military tenants. Because servicemembers move around a lot and quite unexpectedly, landlords must deal with early lease terminations. Plus, there are certain military tenant protections under the SCRA that can mess with how landlords typically conduct business. All things considered, there are both pros and cons. The important thing is that landlords familiarize themselves with these laws.

Finding it hard to understand the laws on military tenant protection? Look for a property management company to help. Start your search today using our comprehensive online directory.

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It is essential for tenants to obtain renters insurance to protect their belongings. But more often than not, renters fail to do so because they feel it is a waste of money. This is a common and dangerous misconception.

What Is Renters Insurance?

Renters insurance is a type of property insurance that protects the personal belongings of the insured as well as against liability claims. It is offered to renters of various properties such as a house, townhome, apartment, condo, loft, studio, mobile home, and the like. Many also refer to it as tenant insurance.

Many tenants mistakenly believe that their landlord’s insurance will cover their own personal loss. As such, when something happens — like a fire or a break-in — they are surprised to find that their landlord’s policy can’t compensate them. This leaves the renter to suffer the damages alone.

With renters insurance, you can be sure of protection when such instances occur. Apart from protecting your personal belongings within the rental property, renters insurance also protects you from losses arising from claims of liability. For example, if someone gets injured on the property, renters insurance will apply if the injury was not the result of a structural problem.

Tenant insurance can come in many forms, though your average policy generally has two types of coverage options: Actual Cash Value coverage and Replacement Cost coverage.

• Actual Cash Value: With this type of coverage, your insurance provider will reimburse you for the value of the items at the time of loss or damage.
• Replacement Cost: With this type of coverage, your insurance provider will shoulder the cost of replacing the lost or damaged items.

What Does Renters Insurance Cover?

Tenant insurance consists of three coverage parts — personal possessions, liability, and additional living expenses. Let’s break each one down below:

Personal Possessions

This portion of renters insurance coverage insures the personal items in your rented home. Basically, if you lose your belongings as a result of a covered peril, your policy will shield you from total or partial financial loss. Covered perils typically include the following:

• Fire
• Hail
• Lightning
• Windstorm
• Volcanoes
• Theft
• Vandalism
• Riots
• Explosions
• Plumbing and electrical breakdowns
• Damages caused by vehicles

Most policies, though, do not cover floods and earthquakes. If you require coverage for these perils, you will need to purchase a separate policy.

Liability

The liability portion of the insurance offers protection in case you find yourself on the receiving end of a lawsuit after someone gets injured in your rented home. It also comes into play if you, your family member, or your pet causes harm or damage to other people.

Your insurance will pay for legal expenses and court judgments (damages). Liability coverage, though, only covers up to a specified amount. It typically starts at $100,000 and can go as high as $300,000. That is usually the limit; anything above that will require you to purchase an umbrella policy.

Additional Living Expenses (ALE)

In the event that your rented home becomes uninhabitable because of a covered peril, your insurance will cover the cost of temporary accommodations. This includes the cost of the hotel room, any restaurant meals, and other expenses while you wait for the restoration of your rented home. But, there is normally a dollar limit or a time limit for this.

What Renters Insurance Does Not Cover

For most basic tenant insurance policies, certain “acts of God” and situations are not automatically included in the coverage. These things will require you to purchase either a separate policy or an additional premium. Of course, it must go without saying that any damages or loss you caused yourself are out of the question, too.

Additionally, if you have valuable items that command a high price tag, basic plans may not cover these as well. Common examples of such items include fine jewelry, art and antiques, and high-end electronics. In this case, if you want such items to be covered, you will typically need to buy floater insurance.

How Much Does Renters Insurance Cost?

One thing that prevents most tenants from obtaining insurance is the price tag. After all, you are already paying hundreds in rent, so why add another expense every month?

But, contrary to what you may believe, tenant insurance is actually quite affordable. How much is renters insurance? On average, renters insurance will cost you about $15 per month. This is definitely cheaper compared to homeowners insurance, which averages around $100 per month.

Of course, that is not to say that this price universally applies to all plans. The monthly premium for tenant insurance can still vary depending on where you are and the company you purchase it from. Additionally, the coverage amount and deductible you select can also influence the cost of your policy.

If you are looking for cheap renters insurance, though, it helps to shop around. Ask companies to provide you with their renters insurance quotes before making a decision.

How to Get Renters Insurance

Once you decide to purchase tenant insurance, don’t just jump at the first offer you receive. To get the best renters insurance for you, it is important to follow the steps below.

1. Evaluate Your Needs

The first thing you must do is evaluate your needs. List down everything you own and take photos of each one. Don’t forget to include any serial numbers attached to the item, especially for the more expensive ones. If you can manage it, it is also a good idea to include an estimated value for each item. This will help you avoid under-insurance and support any claims you file to the company.

2. Shop Around

Once again, it is imperative that you consider all of your options before settling on an insurance company. Since filling out an application normally does not cost anything, there is no harm in doing that for all the companies you are considering. This way, you can get a more detailed picture of what each company has to offer you. It will help you make an informed decision and choose the one that best suits your needs.

3. Customize Your Policy

After settling on a provider, it is time to tweak your plan. You will have to choose between replacement cost or actual cash value coverage. It is best to go with replacement cost coverage.

This option insures your belongings for the cost of replacing them instead of the value of the items when you lost or damaged them. For example, if someone steals your TV, your policy will allow you to buy a new one at full cost as opposed to simply reimbursing you for its depreciated value.

Keep in mind, though, that replacement cost coverage typically costs more than actual cash value coverage. For this reason, you should only go with replacement cost coverage if your budget permits it.

The Best Decision You Can Make

Clearly, renters insurance is necessary not only because most landlords require them but also because it offers many benefits to tenants. If you want to protect your personal belongings and shield yourself from liability, buying tenant insurance is the way to go. It is one of the wisest financial decisions you can make as a renter.

Landlords often have trouble finding tenants, collecting rent, and generally managing their rental property. This is where professional property management comes in. Start looking for a property management company today with the help of our online directory.

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