A Brief Discussion About Landlord-Tenant Rights

Much of the population of the world rents apartments, homes, and commercial spaces. Renting is an alternative for those who have either no need or no means to buy for a residence or business space.

You as a landlord with varied responsibilities have rights that have to be upheld, as do tenants. Across the country, there is state-specific legislation that protects landlord rights similarly to tenants as this legislation is usually amended, particularly from time to time in tighter rental markets. Landlords must perceive what their responsibilities are as investment property owners as they are beholden to abide by state law.

This article can help landowners better perceive their tenant’s responsibilities similarly to their landlord rights when they involve holding and returning a security deposit, increasing rent, getting into the property, maintenance, repairs, and ending a tenancy.

To protect each party, it is best to put everything in writing when handling rental properties. Even if tenants are paying on a month-to-month basis instead of a lease, it is wise to have a written rental agreement giving the terms and rights that the tenants and landlords have.

Need to Know As A Landlord

As a property owner, it should be understood that simply because you own the property, it does not mean that you can do whatever you want or enter as you wish. The state has laws on what notice should given be to the tenant before coming into the premises, etc.

Keep a written paper trail, even if you discuss something in the flesh or over the phone, send a follow-up email to the opposite party. This protects each party from a “he-said/she-said” later on.

Remember that there is such a factor as revenge protection for tenants. It is against the law for a property owner to retaliate against the tenant for reporting a problem with the living accommodations to either the owner or a government agency.

Be Aware of Occupancy law

Before you think about your property owner rights, are you sure you have respected the lawful rights of your tenant? Tenant rights and property owner rights typically rely upon one another. You have rights. However, if you have broken the rights of your tenants, it would mean you are nullified as well.

If you are planning on resorting to the courts to evict, you must take each step legally to make sure the rights of your tenants have not been violated.

Inspection of Rental Property

A property owner ought to examine a rental property from time to time to prevent dangerous conditions. Once a tenant sustains injuries on the property, the owner might bear a legal obligation. The law permits an individual injured on a property to recover compensation from the owner if he behaved recklessly, violated health and safety rules, did not certify repairs, or the premises were unlivable. A property owner must always bear in mind and prevent criminal activity in and around the rental property.

Make Repairs Promptly

A landlord must repair, maintain a rental property so it is fit to live in. This is often known as an “implied warranty of habitability.” Most states require rental units to make available to tenants basic amenities like heating, plumbing, electricity, and gas, even if the tenant has to pay the utility bills. The failure to provide these basic amenities could be a violation of the law. Once a tenant makes a request for necessary repairs in the unit and also the property owner fails to make the repair, the tenant has many options.

These choices embody permitting a tenant to withhold rent, do the repair himself and deduct the value from the rent, move out, or pay the rent and sue the landlord. If an injury happens to the tenant because of the failure to do the repairs, the tenant might sue the owner for compensation.

Whether you are the landlord or tenant, knowing your rights will typically be a serious issue to navigate. Consulting with an experienced Express Evictions attorney in California will assist you in making wise legal decisions. Their attorneys have expertise with evictions and other landlord-tenant matters.