A landlord can legally enforce certain actions, such as collecting rent or evicting tenants for lease violations. However, there are limitations to their rights, including discrimination, retaliation, and illegal activities.
As a landlord, you must also follow proper eviction procedures and cannot perform illegal activities such as entering a tenant’s unit without proper notice or consent.
It is crucial for landlords to educate themselves on these rules and regulations to avoid legal disputes and protect their rental properties.
In this article, we will provide a comprehensive guide to help landlords understand what they can and cannot do.
What Is A Landlord And Tenant Relationship?
Definition Of A Landlord And Tenant
A landlord is an individual or company that owns a property and is willing to rent or lease it to tenants.
A tenant, on the other hand, is an individual or company who pays the landlord a fee or rent in exchange for the right to live or use the property.
The landlord and tenant agreement is usually in writing, known as a lease or rental agreement.
Rights And Responsibilities Of Each Party
A landlord has several rights, including:
- Collecting rent and other fees from tenants, subject to the agreement between both parties.
- Entering the property for repairs, maintenance, or emergencies, as long as proper notice is given.
- Evicting the tenant for non-payment of rent, property damage, or violating lease terms.
On the other hand, a tenant also has several rights, including:
- Living in a safe and habitable dwelling.
- Receiving advance notice before any property inspection or visits by the landlord.
- Enjoying privacy and freedom from disturbances by the landlord.
However, both parties also carry some important responsibilities. A landlord should:
- Maintain the property in good condition and provide repairs as needed.
- Follow all applicable housing laws, including health and safety standards.
- Return the security deposit to the tenant at the end of the tenancy, less any deductions.
In contrast, a tenant should:
- Pay the rent on time and maintain proper upkeep of the property.
- Follow all applicable housing laws and any lease terms related to property use.
- Provide proper notice before vacating the property.
What A Landlord Can Do?
Screening And Selecting Potential Tenants
As a landlord, you have the right to choose tenants who will take care of your property and follow the lease agreement.
Here are some of the things a landlord can do to screen and select potential tenants:
- Ask for personal and professional references.
- Request credit reports and background checks.
- Verify employment and income details.
- Meet with prospective tenants in person or over the phone to assess their personality and suitability.
Collecting Rent And Security Deposit
Collecting rent and a security deposit is a crucial part of being a landlord.
You have the right to collect rent on time and hold tenants accountable for any damage caused to the property.
Here are some things a landlord can do when collecting rent and security deposit:
- Set up a clear payment schedule and due dates.
- Provide receipts for any payments received.
- Hold the security deposit until the tenant moves out and assess any deductions needed for repairs or damages.
Evicting Tenants Who Violate The Lease Agreement
As a landlord, you have the right to evict tenants who violate the lease agreement. However, there are proper procedures that must be followed in order to do so.
Here are some things a landlord can do when evicting tenants:
- Serve a notice to correct the violation or to vacate the property.
- Provide a reasonable amount of time for the tenant to comply or move out.
- File a lawsuit and obtain a court order to evict the tenant if necessary.
What A Landlord Cannot Do?
Landlords have a legal obligation to treat tenants equally and cannot discriminate against them based on their race, religion, gender, or disability status.
Here are some things landlords cannot do:
- Refuse to rent to someone based on their race, religion, gender, or disability status.
- Set different terms or conditions for renting based on an individual’s race, religion, gender, or disability status.
- Make derogatory comments about someone’s race, religion, gender, or disability status.
- Have different rules or restrictions for tenants based on their race, religion, gender, or disability status.
Entering A Tenant’S Apartment Without Notice Or Consent
Tenants have the right to privacy, and landlords cannot enter their apartments without proper notice or consent. Here are some things landlords cannot do:
- Enter a tenant’s apartment without their permission or giving proper notice.
- Enter a tenant’s apartment without a valid reason, such as an emergency or to make necessary repairs.
- Use a tenant’s apartment key to enter without their permission.
- Fail to notify a tenant before entering their apartment for any reason.
Retaliating Against A Tenant Who Reports A Violation
Tenants have the right to report any violations or issues to their landlords without fear of retaliation. Here are some things landlords cannot do:
- Retaliate against a tenant who reports a violation by increasing their rent, evicting them, or reducing services.
- Ignore or delay necessary repairs or maintenance as a form of retaliation.
- Threaten a tenant who reports a violation or issue.
- Refuse to renew a tenant’s lease because they reported a violation or issue.
Landlords have many obligations and limitations when it comes to the treatment of their tenants. They must observe these obligations to avoid violating tenants’ rights and facing legal action.
Eviction Procedures
Steps To Evict A Tenant Legally
Evicting a tenant can be a daunting task for a landlord, especially when it comes to legal requirements.
Therefore, it’s essential to know the legal steps involved in evicting a tenant. Here are the legal steps to follow when evicting a tenant:
Provide notice to the tenant
The landlord needs to give the tenant written notice of the eviction, depending on the ground for eviction.
File a claim
Once the notice period has ended, the landlord must file a claim with the court to evict the tenant.
Wait for a hearing
The court will schedule a hearing date where the landlord can present evidence and the tenant can defend themselves.
Attend the hearing
The landlord must appear in court on the hearing date. If the tenant does not appear, the landlord can get a default judgment in their favour.
Obtain the eviction order
If the landlord wins, they will get an eviction order from the court to evict the tenant.
Hire a bailiff
The landlord needs to hire a bailiff to physically evict the tenant following the court order.
Grounds For Eviction
Landlords cannot simply evict tenants without proper cause. There are specific grounds for eviction that a landlord must follow to legally evict a tenant.
Here are some common grounds for eviction:
- Nonpayment of rent.
- Damage caused by the tenant.
- Disturbances and excessive noise.
- Carrying out illegal activities.
- Breach of the rental agreement.
Before evicting a tenant, it’s essential to make sure that the grounds for eviction are legal and legitimate.
Additionally, landlords must remember to provide written notice to the tenant, as failing to serve a notice could result in the eviction process being prolonged.
Protecting The Tenant’S Right To Stay
As a tenant, you have the right to live in the rental property without any fear of premature eviction.
Landlords cannot simply make you leave without following the proper legal procedures.
As a tenant, you have certain protections under the law that ensure that your landlord cannot force you out without a valid reason.
Below are some defences available to tenants facing eviction and options available to tenants to challenge an eviction notice.
Defences Available To Tenants Facing Eviction
If you are facing an eviction notice, you may be able to raise a defence to challenge it. Some of the defences available to tenants include:
Retaliation defence
If your landlord is trying to evict you in retaliation for exercising your legal rights, such as reporting code violations or demanding necessary repairs, you may be able to challenge the eviction.
Discrimination defence
Landlords cannot evict tenants on the basis of race, religion, ethnicity, gender, or disability.
If you can prove that the eviction notice is motivated by discriminatory factors, you can fight the eviction.
Improper notice
In some cases, landlords may serve improper eviction notices, such as failing to give adequate notice before terminating the lease.
You can challenge the eviction on this ground as well.
Options Available To Tenants To Challenge An Eviction Notice
If you want to challenge an eviction notice, you have several options. Some of the options available to tenants include:
Negotiation
If you have a good relationship with your landlord, you may be able to negotiate a solution that works for both parties.
You can try to convince your landlord to let you stay longer or to move out at a later date.
Mediation
If you cannot resolve the dispute through negotiation, you can try mediation. Mediation is a process where a neutral third party helps you and your landlord come to an agreement.
Court
As a last resort, you can challenge an eviction notice in court. You will need to file a lawsuit and attend a hearing to present your case.
Landlords cannot simply evict tenants without following the proper legal procedures. If you are facing eviction, it is important to know your rights.
You have several defences and options available to challenge an eviction notice. Use them wisely to protect your right to stay in your rental property.
Legal Consequences Of Unlawful Eviction
Eviction is the process of legally removing a tenant from a landlord’s property. However, landlords must follow specific rules and procedures to evict tenants.
Failure to do so can result in serious legal consequences for landlords. Here are some legal actions that can be taken against landlords who violate eviction laws:
- Landlords who evict tenants without a valid reason can face legal action in the form of a civil lawsuit. Tenants can sue their landlords for damages, such as rental costs or moving expenses.
- A landlord who unlawfully evicts a tenant can also face criminal charges. Depending on the jurisdiction, a landlord can be charged with a misdemeanour or felony and face imprisonment, fines, or both.
- A landlord who violates tenant protection laws can also face legal action from federal or state housing agencies.
Penalties that landlords may face for illegal eviction include:
- Landlords who violate eviction laws can be ordered by a court to pay damages, such as rental costs and moving expenses, to their tenants.
- Landlords can also be ordered by a court to allow tenants to resume residency in the evicted property and may be prohibited from evicting the tenant again for a certain period.
- A landlord who violates eviction laws can also face fines and penalties imposed by state and federal housing authorities.
Knowing what a landlord can and cannot do is essential to avoid legal penalties while evicting a tenant.
Landlords must adhere to the state eviction laws and follow the proper legal procedure of eviction. Failure to do so can result in serious legal consequences.
Basic Standards Of Habitability
Requirements For A Habitable Dwelling
A landlord has a responsibility to ensure that their property meets certain standards of living. Here are the basic requirements for a dwelling to be deemed habitable:
Adequate ventilation
The property must have proper ventilation to avoid unhealthy air quality, which can cause respiratory and other health problems.
Heating facilities
The landlord must provide a system of heating to keep the property at a reasonable temperature during colder weather.
Reliable electricity and water supply
The property must have working and safe systems for electricity and water supply.
Structural integrity
The landlord should take reasonable measures to maintain the property’s structural integrity and ensure that it is safe to live in.
Sanitary facilities
Bathrooms, toilets, and sinks should be in good working order and provide regular access to hot and cold water.
Conditions That Violate The Warranty Of Habitability
The warranty of habitability means that the landlord is obliged to provide a safe and comfortable living environment for their tenants.
Here are some conditions that can be considered a violation of the warranty of habitability:
Pest infestation
A landlord should take reasonable steps to control pest infestations, such as hiring an exterminator or sealing off entry points.
Mold growth
The presence of mould growth can cause serious health problems, and it is the landlord’s responsibility to take measures to prevent and remediate mould growth.
Noisy neighbours
While a landlord might not have control over the actions of neighbours, they do have a responsibility to take reasonable steps to address noise complaints made by tenants.
Lack of functioning smoke detectors
Every dwelling unit must have working smoke detectors to alert residents during a fire emergency.
Lack of running water or heating facilities
The lack of essentials such as running water or heating facilities can make the property uninhabitable.
A landlord has an obligation to make sure that their property meets certain standards of living. Failure to meet these standards could result in legal consequences.
As a tenant, you should be aware of these basic standards of habitability to ensure that you are living in a safe and healthy environment.
Landlord’s Responsibilities
As a landlord, it’s important to know your responsibilities when it comes to maintaining and repairing your property.
Failure to do so can result in serious consequences.
Maintenance And Repairs That The Landlord Is Responsible For
As a landlord, you are responsible for certain maintenance and repairs on your property. These include:
- The structure of the building.
- Electrical systems.
- Plumbing systems.
- Heating and air conditioning systems.
- Common areas such as hallways and staircases.
Notice Requirements For Needed Repairs
If a tenant reports a need for repairs, it is your responsibility to respond promptly. Notice requirements for necessary repairs vary from state to state. In general:
- You should respond to requests for repairs within a reasonable amount of time.
- If repairs require entry into the tenant’s unit, you must provide at least 24 hours notice before entering.
- If repairs are not made within a reasonable amount of time, tenants may have the right to withhold rent or terminate the lease.
Consequences For Failing To Make Repairs
Failure to keep your property in a safe and habitable condition can result in serious consequences, including:
- Legal action from tenants.
- Civil penalties.
- Fines from local government agencies.
- Loss of rental income.
It’s crucial to stay on top of necessary repairs and maintenance to avoid legal and financial consequences.
By fulfilling your responsibilities as a landlord, you’ll create a safe and enjoyable living environment for your tenants.
Frequently Asked Questions On What A Landlord Can And Cannot Do
What Can A Landlord Legally Do?
A landlord can legally collect rent, evict tenants, and make repairs. However, they must follow local and state laws and respect their tenants’ rights.
Can A Landlord Enter Without Permission?
No, a landlord cannot enter a tenant’s apartment without permission unless they give reasonable notice or have an emergency.
What Can’t A Landlord Do When Evicting A Tenant?
A landlord cannot use violence or threats to force a tenant to leave. They also cannot evict without proper notice or discriminate against protected classes.
Is A Landlord Responsible For Repairs?
Yes, a landlord is responsible for making necessary repairs and ensuring the apartment meets basic living standards. However, tenants must also report any issues in a timely manner.
Conclusion
Navigating landlord-tenant dynamics can feel like a tightrope walk.
As a landlord, you possess significant rights, but it’s crucial to remember that tenants have their own protections under the law.
Respect your tenant’s privacy, avoid discriminatory practices, and follow proper procedures for eviction to foster a harmonious relationship.
Reference
https://www.ago.mo.gov/docs/default-source/publications/landlord-tenantlaw.pdf