Understanding Landlord Rights

by Alden Smith

A landlord is often seen as a villainous person who only wants to put poor pitiful Pearl out in the streets.  Although this stereotype is often incorrect, there are always issues between a landlord and a tenant.  Because a landlord is in the business to do one thing - make money, it is always a good idea to understand landlord rights and how they affect the relationship with tenants. 

A Landlord's Rights
A landlord has the right to be paid rent on time in accordance with the terms of the rental agreement.  He has the right to begin eviction proceeding if the tenant is behind on rent for a specified amount of time per the laws of the state in which he resides. It is his responsibility when starting eviction proceedings that he is within the letter of the law, and not simply harassing or intimidating a tenant. Although this varies state to state, the law is clear on the landlord's right.  The landlord has the right to reasonable access to an apartment.  It is common for the landlord to give 24 hour notice before entering an apartment, but he can do so immediately if an emergency arises. 

A Landlord's Responsibilities
The biggest responsibility of a landlord is to provide safe and habitable housing.  The landlord or his representative should always be available so that any tenant issues can be taken care of.  Maintaining a good relationship with tenants is also a prime consideration.  This not only makes the landlord's job easier, but gives the tenant a feeling of security and respect for the landlord. 

Here is a list of things that a landlord is responsible for:

• Keeping hallways and entryways clean and free of trash and garbage.
• Ensuring that hallways and entryways are well lit.
• Ensuring that all apartments and common areas comply with all building, housing, and health codes.
• Giving tenants a 24 hour notice when access to the apartment is needed.
• Ensuring that all plumbing is proper and working in the building.
• Notifying, in writing, a tenant of all violations of the lease and/or the rules of the property.
• Keeping exacting records on all written communications to tenants.
• Ensuring that the tenant gets a rent receipt and a receipt for the security deposit.
• Providing the tenant with emergency numbers and the address of the landlord.
• Assessing the apartment before the tenant moves in, and after the tenant moves.
• The landlord needs to understand normal "wear and tear" and bill appropriately.
• Ensuring that the condition of apartment is documented before allowing new renters.
• If living in a cold climate, ensure that walkways and parking areas are clear of snow.   
• If eviction is unavoidable, follow the proper process by state law, and ensure that everything is well documented.

The Eviction Process
Because the eviction process varies from state to state and jurisdiction to jurisdiction, it is the responsibility of the landlord to know the proper process so he is able to avoid litigation.  Each state varies when it comes to the issue of eviction, so the education of the landlord is of utmost importance.  Basically, an eviction is regaining control of an apartment or dwelling from a tenant who either does not pay rent or violates the rules of the dwelling.  If you are a landlord, you must follow legal processes for evicting a tenant.  First, a written "notice to quit" will be sent to the tenant that is in accordance with the laws of his geographical area. He will then follow all procedures according to law before an eviction can be enacted.  Such things as shutting off electricity or water - a common practice - should never be done, as it usually leads to litigation.

Being a landlord is a difficult task.  You not only have to be a "people person" but also need to know the laws of the state and jurisdiction you live in.  A landlord must be available to the tenants, and must ensure that repairs are taken care of in a timely manner. He must ensure that the property is clean and safe, and must also be available and willing to listen to tenants’ concerns.  Being a landlord means that you are in the business of making money, and to not know the laws and procedures of renter's rights accomplishes nothing more than setting yourself up for litigation.  By following these guidelines, you can go a long way towards being a successful landlord. 

 
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Alden Smith is an award winning author and regular contributor to DoItYourself.com. He writes on a variety of subjects, and excels in research.