Residential landlords provide a critical service for the communities in which they operate. They use their credit or capital to purchase real property and provide housing on demand for people who may not qualify for a mortgage or do not intend to live indefinitely in the area.
Discussions about residential rental arrangements often focus on the rights of tenants. However, state law also establishes certain protections for landlords. What rights do landlords have?
The right to enforce a lease
Provided that landlords do not include illegal provisions in their leases, they can enforce the terms of a rental agreement if a tenant breaches the lease. For example, landlords may need to ask tenants to cease having overnight guests who stay for weeks or to remove pets from the premises.
They can also impose financial penalties in scenarios involving late payments or other noteworthy lease violations. Landlords have the right to demand that tenants comply with the terms of a lease.
The right to maintain the property
Technically, it is a landlord’s responsibility to perform necessary maintenance and repairs at a residential rental property. They need to ensure that the property remains in an overall safe condition for its occupants.
It is also their right to inspect the property and ensure that the tenant does not cause unnecessary damage. While landlords typically need to provide 24-hour notice before accessing a residential rental unit unless there is an emergency, they have the right to inspect the unit while it is occupied by a tenant to ensure it remains in reasonable condition.
The right to evict problem tenants
Many tenants do their best to respect the terms of a lease and keep their rental homes in good condition. However, some tenants are less diligent and trustworthy than others.
Landlords can potentially initiate eviction proceedings in scenarios where tenants fail to pay rent, blatantly violate the lease or cause extensive damage to a rental unit. They can also potentially retain part or all of a security deposit to cover the damage caused to the property or to recoup unpaid rent.
Understanding the protections extended to residential landlords under state statutes can help property owners protect their holdings. Those preparing for evictions or other legal actions related to a rental property may need help to ensure they handle the process appropriately.