Rights of Landlord: A Comprehensive Guide
Being a landlord comes with a lot of responsibilities. Managing tenants, collecting rent, maintaining the condition of the property, and ensuring compliance with rental laws are just some of the things you need to take care of. However, as a landlord, you also have certain rights that you can exercise to protect your interests. In this article, we will discuss the various rights of a landlord and how you can exercise those rights within the confines of the law.
1. The Right to Collect Rent
The primary source of income for a landlord is rent. As a landlord, you have the right to receive rent on time from your tenants. Most tenants pay rent monthly, which means you can expect payment on a fixed date each month. You also have the right to raise rent, provided you comply with the rent control laws in your state.
If a tenant fails to pay rent on time, you can take legal action to collect the outstanding amount. Depending on the state you live in, you can either serve a notice of eviction or file a case in small claims court. Before doing so, you should ensure that you have given the tenant sufficient notice and have followed the due process as required by law.
2. The Right to Enter the Property
As the owner of the property, you have the right to enter the rental unit to inspect the condition of the property or to make repairs. However, you must give the tenant prior notice before entering the property, usually between 24-48 hours, unless it is an emergency. You cannot enter the property without the tenant’s consent except in cases of emergency or abandonment.
It is essential to note that you cannot enter the property without a valid reason. You must give the tenant proper notice and obtain their permission before entering the property. You also cannot enter the property at odd hours such as early morning or late at night.
3. The Right to Set Rules
As a landlord, you have the right to set rules for your tenants. These rules may include no smoking inside the property, no pets, or limiting the number of occupants. You can include these rules in the lease agreement and make them enforceable by law.
However, the rules must be reasonable and not violate any fair housing laws. You cannot discriminate against any tenant based on their race, gender, religion, or any other protected class. You also cannot enforce rules that violate any state or federal laws.
4. The Right to Choose Tenants
You have the right to choose the tenants who will occupy your property. You can screen tenants based on their rental history, credit score, and income. However, you must follow fair housing laws and not discriminate based on any protected class.
When screening tenants, you must also provide them with a screening process disclosure form that outlines the criteria you will use to make your decision. If you deny a tenant’s application, you must provide them with a reason that complies with the law.
5. The Right to Terminate Lease
You have the right to terminate the lease agreement if the tenant violates any of the terms and conditions outlined in the lease. Common reasons for terminating a lease include failure to pay rent, causing property damage, or violating the rules set in the lease agreement.
Before terminating a lease, you must follow the legal process and provide the tenant with sufficient notice. The notice period varies from state to state and can be anywhere from 3-30 days. If the tenant refuses to vacate the property, you may have to take legal action and file for eviction in court.
6. The Right to Retain Security Deposit
When renting out a property, you can ask the tenant to pay a security deposit. This deposit is usually equal to one or two months’ rent and serves as a guarantee against any property damage or unpaid rent. As a landlord, you have the right to retain the security deposit if the tenant causes any damage to the property or fails to pay rent.
However, you cannot retain the security deposit for normal wear and tear. The tenant is also entitled to a refund of the security deposit when they move out, provided they have fulfilled all the terms of the lease agreement. You must return the security deposit to the tenant within a specific time frame, usually 30-60 days, depending on the state.
7. The Right to Evict
As a landlord, you have the right to evict a tenant for various reasons, such as non-payment of rent, property damage, or lease violation. However, you must follow the legal process and give the tenant sufficient notice. You cannot evict a tenant without a court order.
If the tenant refuses to vacate the property, you may have to take legal action and file for eviction. The eviction process can be time-consuming and expensive, so it’s essential to follow the legal process carefully. You must also ensure that you do not violate any fair housing laws while evicting the tenant.
Conclusion
Being a landlord can be a rewarding experience, but it also comes with many responsibilities. As a landlord, you have certain rights that you can exercise to protect your interests. These rights include collecting rent, entering the property, setting rules, choosing tenants, terminating leases, retaining security deposits, and evicting tenants.
To exercise these rights, you must follow the legal process and comply with all applicable laws and regulations. By doing so, you can ensure that you maintain a good relationship with your tenants and protect your property. As a landlord, it is crucial to stay informed about your rights and responsibilities and keep up to date with any changes in rental laws.
All landlords must understand the laws surrounding their business, including those statutes that regulate the screening of tenants, tax breaks, privacy rights, hazard disclosures, fair notice of termination and repairs. All of these issues make-up landlord rights. To get a better understanding of your rights as a landlord please visit laws.com and click on the real estate section. On laws.com/real-estate click on the tab titled “rent” found on the right side of the menu and scroll down to the article titled “rights of landlord.”
https://real-estate.laws.com/landlord-rights
Landlord rights are privileges awarded to landlords, enabling them to rent their properties to pre-qualified tenants. Landlord rights are federally mandated and state implemented. Because of this structure, landlord rights will fluctuate based on the individual state’s interpretation. That being said, the federal government will institute a general framework regarding landlord rights for all the individual states to follow and subsequently apply.
In most states, landlords will be exposed to some degree of liability concerning crime committed to or within their rental properties. Legal responsibility for criminal activity is derived from the respective jurisdiction’s statute, ordinance, building codes and precedent. Landlords will typically be held liable when a crime occurs on a property where a similar crime occurred to the same property in the past. Landlords must make an effort to curb illegal acts to their properties.
Landlord rights state that all landlords possess the right to institute credit checks and criminal/civil background checks on prospective tenants. If a prospective tenant refuses these tests, the landlord may choose to reject the application.
A landlord may legally require a prospective tenant to submit the following information with their rental application: a list of references, information regarding past evictions or bankruptcy filings, driver’s licenses and social security numbers, a statement of income, employment history and credit history. Before accepting a tenant application, a landlord, according to landlord rights, is also permitted to contact the prospective applicant’s previous employers, landlords or other references.
Before you issue a rental agreement be sure to go over the contract. You can view a stock rental agreement by clicking on the “legal forms” tab located at the top right portion of the laws.com homepage. https://legal-forms.laws.com/ When you are scroll to the real estate section and click on the “lease purchase agreement” link.
