Although homeownership rates have risen steadily over recent decades, roughly one-third of Americans still rent their homes or apartments. The needs and concerns of renters are different from those of homeowners. Here's some useful information for both tenants and landlords.

What are your rights as a tenant?

Although landlord-tenant laws vary by state, many basic tenants' rights are universal. If you have a specific concern, it's always best to consult state and local laws that govern landlord-tenant agreements prior to signing a lease. Here are some of the most common rights afforded to tenants:

• It is illegal to deny a prospective tenant housing on the basis of race, sex, religion, disability, family status, or national origin.
• Residential units must comply with housing and health codes. Essentially this means that they must be structurally safe, weatherproofed, sanitary, and provide adequate water, electricity, and heat.
• A landlord should make necessary repairs in a timely fashion.
• Landlords must give notice before entering your residence in non-emergency situations. Typically at least 24 hours notice is required, and the landlord (or representative) can only enter your residence for the purposes of performing maintenance or to show the property to prospective tenants.
• If landlords have violated key terms of the lease regarding your health, safety, or well being you may have legal grounds to break the lease.
• If you do break a long-term lease, most states require landlords to make some effort to find a new tenant. While you are responsible for the full term of the lease, they must try to find someone to relieve you of that obligation.
• A landlord may not deduct money from your security deposit due to damage caused by normal "wear and tear". Unfortunately, few landlord-tenant laws adequately define "wear and tear". Generally you should not be charged for minor damage that results from day-to-day, non-negligent use. Worn carpet is perhaps the easiest example.
• Most states require landlords to return refundable portions of deposits within a set period of time. They also usually require that any deductions withheld be fully explained and itemized.
• It is illegal for a landlord to evict a tenant as retaliation for any action the tenant takes regarding a perceived violation on the part of the landlord.
• A landlord cannot legally lock out tenants or shut off utilities as a means to force eviction or influence the payment of rent owed. Court-ordered eviction is the only legal means to force out tenants.
• Landlords cannot legally seize a tenant's property for nonpayment or any other reason, unless in the case of abandonment as defined by law.

Many renters don't realize that the contents of their apartment or home are rarely covered by the insurance policies of the building's owner. Owner's insurance is usually dedicated solely to structural elements. A fire or burglary can easily leave tenants at great loss with no available recourse. Renter's insurance is often the only way tenants can protect their valuables against the unforeseen.

Policies for renter's insurance are relatively inexpensive compared to other types of insurance, and generally cover tens of thousands of dollars worth of possessions after a small deductible. Some policies go as far as covering your luggage while traveling or property kept inside your car. Check with your insurance provider as to the types of renter's insurance available.8 tips every landlord should follow

If you're considering renting out property that you own, you have much to think about. Most of your concerns will be the same regardless of whether you'll be the landlord of a single-family home or an entire apartment complex. Even if you have rented before, it's good to understand some of the most important aspects of being a landlord:

Know your property

A new landlord should take the time to learn all he or she can about the property they'll be renting. You can expect prospective tenants to ask the hard questions, so you should be prepared to have the answers. When was the building built? What were the building materials? What, if any, remodeling work has been done? What should tenants know about the building's systems (heat, water, electricity, etc.)? What repairs or improvements realistically need to be made? Not only will this information be helpful to have, it will prevent you from failing to disclose anything that leaves you liable (such as the previous use of lead paint in the building).

Also be prepared to answer questions about the area. What is the neighborhood like? What attractions, retail, and dining opportunities are nearby? What transportation options to and from the neighborhood exist? You should make the effort to know what tenants can expect out of life in your property.

Know the law

A full understanding of your legal obligations and rights as a landlord is absolutely critical. Every landlord and property manager should be very familiar with federal fair housing law, state and local landlord-tenant laws, and applicable building codes. Most states require that a copy of the landlord-tenant law be given to renters at the signing of the lease. Develop a relationship with a real estate attorney for assistance in interpreting legal matters or resolving future conflicts.

Obtain good insurance

Get enough insurance to cover both the property and any potential liability. A structured insurance program should protect you from tenant accidents and cover any damage that your property might receive.

Screen tenants carefully and legally

If you make the mistake of inadequately screening rental applicants, you're more likely to end up with tenants who don't pay the rent, destroy property, and otherwise violate the terms of the lease. Make sure to check the references, credit history, and rental background of all prospective tenants. Always use written rental applications and credit checks. Fair housing laws make it illegal for landlords to discriminate between applicants based on gender, race, religion, ethnic background, disability, or family situation (such as having a child). In addition, many local laws prohibit discrimination based on age, marital status, or sexual orientation

Get it in writing

Documentation is your best protection as a landlord. Have every aspect of a resident's tenancy filed in writing. Include the rental application, lease, a walkthrough inspection of the premises at move-in, any requests for maintenance (and response), any tenant complaints (and response), notices to enter, and any general reminders you may send out. Proper documentation protects you in the event of a small claims court case or civil suit and can be of great value to your case should you need to evict. Be aware, however, that any aspects of a lease that contradict law are unenforceable and void.

Make prompt repairs

The easiest way to alienate tenants and create conflict is to be negligent in making repairs. Handle all maintenance requests seriously and as quickly as possible. If you're thinking of handling repairs personally (or using a friend or relative as the resident handyman), be realistic. The person in charge of repairs must have the necessary skills and the freedom to make important repairs at the drop of a hat. A tenant whose water heater breaks shouldn't have to wait for a fix to fit into your personal schedule, and many critical repairs are legally required to be fixed within a set time period. Hire professional repairmen to get work done right and right away.

Handle deposits correctly

Establish a fair system of setting, collecting, holding, and returning security deposits. Inspect and document the condition of the rental unit before the tenant moves in to avoid disputes over security deposits when the tenant moves out. Carefully review the rules for deposits laid out in landlord-tenant laws.

Be approachable

Try to resolve disputes with tenants personally. Establishing an open-door relationship with your tenants will often prevent disputes from escalating to legal action by either party.

A good landlord

Overall, it's important to maintain perspective when acting as a landlord. While your rental property to you represents an important investment, it's also your tenant's home. Balance your needs as an investor with a genuine interest in providing a good living environment for others.

Resolving landlord-tenant conflicts

Tenants and landlords may disagree over issues ranging from changes in rent to responsibility for repairs. Whatever the problem, both landlords and tenants should take steps to resolve the conflict before resorting to legal action. Both landlords and tenants should:

• Know their rights and responsibilities under federal, state, and local law.
• Make sure the terms of the lease are clear and thorough.
• Maintain good two-way communication. Any disagreement between landlord and tenant should be discussed between the two parties first.
• Keep all written correspondence or documents on file, and make written notation of any problems. For example, a tenant should make a maintenance request in writing (keeping a copy on file) and the manager should file the request and also a written notice of how the problem was repaired.
• Consider the help of a third party mediator if problems cannot be solved one on one. Publicly funded programs often provide mediators for housing disputes at little or no cost. A mediator's decision is not binding, but is intended to be a mutually acceptable solution.

Should all of these approaches fail, you may want to take your case to small claims court. Small claims court fees are relatively low and you aren't required to bring a lawyer.

There is one major exception to these guidelines. If you feel that the action (or inaction) of a landlord or tenant jeopardizes the health or safety of yourself or others, you may want to seek immediate help from the proper authorities.

Submitted by Cindy Joynt of Prudential Georgia Realty. Cindy can be reached at (678) 313-4018 or (770) 844-8484. Or visit www.gaflproperties.info.