Many people rent their homes, apartments, and properties, and rentier income constitutes a big part of the economy. This leads to some interesting dynamics between the tenants and the landlords since they share the same property but have different incentives. However, it is essential to know that tenants and landlords have certain rights and responsibilities enforced by the law. Being a landlord also comes with its rights and responsibilities, and there are certain things that landlords can do and there are things they can’t do. Both come as part and parcel of being a landlord; some might see them as landlord pros and cons, but that is not the case.
The power dynamics in the relationship between the landlord and the tenant are obvious: they are tilted towards the landlord since they own the property. However, landlords do and don’t ensure that discrimination does not happen because of this. To protect tenants’ rights, landlords are barred from doing a couple of things, as set by tenant law, which is an essential facet of real estate law.
Let’s look at some of the myths of this relationship and understand the reasoning behind these.
Landlord Myths: What Landlords Cannot Do
Landlords are part of a contract or agreement signed by the tenant. However, tenant law that is enacted widely prevents landlords from doing specific actions despite the residence in question being their legal property. Let’s look at what landlords are barred from doing.
Entering the Premises Without Due Notice
Despite owning the property, there are specific rules that landlords need to follow, and one of the basic ones is prior intimation or notice before entering the premises. Since the house or apartment is considered a personal place for the tenants, any attempt to enter the premises without due notice or intimation is considered encroachment or breaking in and can be contested in a court of law. If the landlord wants to visit the property, they will have to clear it with the tenant first and decide with them on a visiting time. Once a time has been agreed upon mutually, the landlord may visit the property. Otherwise, it will constitute breaking.
Unlawfully Evict Tenants
The case of evicting tenants is very sensitive, considering that one is robbing another person of their shelter. Even in extreme situations, evicting tenants requires the completion of a legal process. To evict the tenant, the landlord must provide ample proof that the tenant may have balked at their rent payments despite repeated notices. They must also prove that they served the tenant with a formal eviction notice and enough time to vacate the premises. Once that has been done, a court order that directs local law enforcement to help evict the tenants and vacate the property is usually issued. Simply throwing the tenant’s stuff out after a week of non-payment will not stand up in a court of law.
Using a Tenant’s Space/ Storage
Much in tune with how landlords are not allowed to enter the rented premises without the tenant’s express permission, the same is valid for storage or space that might be rented out. For instance, if a property that has been rented out has a storage space or a barn-house that can be utilized as space, the landlord will need express permission from the tenant to use it, even if the tenant isn’t using it. If a landlord uses said space or storage without the tenant’s consent, they might be committing an unlawful act.
Increase Rent Without Notice.
Many states allow rent to be periodically increased, subject to acceptance by the tenant. However, doing so without any notice is certainly not allowed. In raising the rent, the landlord must provide a notice of the rent increase a month prior, and even then, local rules and regulations will apply. For example, in places enforcing rent control or stabilization, increasing the rent is subject to the local government regulations, not the landlord. And simply increasing the rent without notice to drive the tenant out is an offense and can be challenged in a court of law.
Discriminate Against Potential Tenants.
Landlords are also not allowed to discriminate against potential tenants, and any person who may apply to a house or an apartment can only be rejected based on credit score or previous convictions or warrants. Discrimination based on race, ethnicity, age, religion, mental or physical disabilities and sexual orientation is illegal. If a landlord bars a potential tenant’s application for any of these reasons, the applicant may pursue legal action against the landlord. Nobody can deny anybody else shelter and a safe space owing to these affiliations.
Truths: What Landlords Can Do
However, this doesn’t mean landlords haven’t been empowered to take action. Landlords are also protected against liabilities and damages, and the worst offender of them all is a tenant who fails to pay rent despite repeated requests. Let’s take a look at what landlords can do.
Remove Squatters
Squatting is becoming a problem and is increasingly displayed as a sign of urban decay. Absentee landlords or property owners who might not be near their property can fall victim to squatting, when people may occupy the home without permission and their dues, the landlord has the right to evict, forcibly if necessary, to vacate the property. However, several states also have informal ‘squatter rights,’ so landlords usually proceed with caution on that.
Evict Defaulted Tenants
Provided all the legalities are followed, of course. Landlords reserve the right to evict any tenant who fails to pay their dues despite timely reminders and notices. While some jurisdictions may require a legal proceeding before the judge can order an eviction, many other states and countries do not need a legal proceeding. This means that once sufficient time has passed and the landlord has ample proof of reminders and non-payment of rent; they may contact local authorities for eviction over payment failure.
The bottom Line
Tenant law is drafted to ensure the tenants’ rights since paying rent is a considerable expense and merits certain rights that protect the basic need of people: shelter. That said, tenant law does not give tenants undue powers and gives the landlord the authority to initiate eviction proceedings in court over non-payment. A good tenant-landlord relationship will not have any issues as long as the landlord accepts and acts on reasonable requests of the tenant and the tenant pays their fair share without any hassle.
JAS Legal Services: your Trusted Paralegal for all Matters of Tenancy!
Jorge Andres Steinmetz at JAS Legal Services is your trusted paralegal for all matters related to tenancy and housing. Regardless of your issues or your case, JAS Legal Services can help you get on the ground of your case, promising you excellent results and an amicable resolution that protects your legal, financial, and social rights and helps keep you one step ahead, always.
