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Why is this topic so important?
What conclusions we should draw?
We must become students of the laws which govern our business. We must inform our clients about the limits of what kind of language can (and can’t) be put in the lease agreement. Owners often ask for things beyond the limits of the laws and managers must protect them from their own recklessness.
What other consumer protection laws govern our industry?
1. The Americans with Disabilities Act is a strong law which protects tenants from landlord abuse. This law addresses service animals, comfort pets and emotional support animals which cannot be refused according to these laws.
What sort of consumer protection laws are in place to protect tenants from wiley landlords and their property management conspirators?
Each state has their own Landlord Tenant Act that lays out the mandates established by the state legislature governing the landlord-tenant relationship in that state.
In adhesion contracts there is an imbalance of power. The courts do not perceive the tenant and owner as equal. Owners have deep pockets, hire professional managers, write the leases and courts don’t like the imbalance of power that presents.
Consumer protection laws have been established to help protect tenants from this imbalance of power.
The relationship between the landlord and tenant is OUT OF BALANCE and puts the tenant in a very vulnerable position when it comes to negotiating the terms of the lease.