Residential landlords are individual property owners or businesses that rent out apartments, condos, or houses for money. The renters who pay landlords to live in these properties are called residential tenants. Landlords and tenants have legal rights and responsibilities that are spelled out in federal, state, and local law, as well as residential leases and rental agreements (both oral and written).
To avoid costly legal disputes and confusion with tenants, it’s crucial that landlords understand their legal responsibilities (typically governed by state law) that set limits on their rights.
Landlord Rights
No matter how landlord-friendly (or unfriendly) your state and local laws are, all landlords have certain rights. When and in what manner landlords can exercise these rights, however, is often dictated by law or by what you’ve agreed to in your lease or rental agreement. Broadly speaking, all landlords have the right to:
- Choose who will live in their rental properties. Landlords may set whatever tenant screening criteria they want, as long as the criteria are backed by solid business reasons and are not illegal, retaliatory, or discriminatory.
- Set the terms of the tenancy. With the exception of rent control laws, landlords are free to set the terms of the tenancy. For example, landlords can decide to allow pets, ban smoking, and decide to create a month-to-month tenancy instead of a longer-term lease.
- Collect something of value in exchange for allowing the tenant to live at the property. In the vast majority of situations, landlords receive rent in the form of money payments; however, it is not uncommon for payment (in full or partial) to be in exchange for services, such as property management.
- Evict tenants who cause problems. When tenants break the rules, act illegally, or fail to pay rent, landlords have the right to require the tenants to leave the property through the termination and eviction process.
- Decide to no longer use the property as a rental. There is no law requiring landlords to keep a property as a rental if they decide they would like to move themselves or a family member into the property. Although landlords must follow their state laws regarding terminating a tenancy, landlords may sometimes cut short a lease when certain personal matters arise.
- Sell the rental property. Landlords can sell their rentals. Most of the time, when tenants are living in the property, the property must be sold subject to the tenants’ lease (meaning the tenants get to remain at the property until their lease expires). Sometimes, landlords and tenants make arrangements to end the lease prior to selling the rental.
Landlord Responsibilities
Laws and agreements with tenants also impose certain duties on landlords. Some of these responsibilities can be waived or transferred to tenants, while others cannot be delegated to anyone. You’ll need to check your state and local laws to learn the nuances of—and penalties for not following—your legal responsibilities. For the most part, though, all landlords must:
- Maintain a safe and habitable premises. Under the implied warranty of habitability, landlords must ensure that their rental properties meet basic standards of livability.
- Abide by the agreements made in the lease or rental agreement. Most of the time, landlords and tenants enter into a written lease or rental agreement. Even if the agreement is oral, landlords must keep the promises they make to tenants.
- Follow fair housing laws. Landlords must follow all federal, state, and local laws addressing illegal discrimination.
- Make required disclosures to rental applicants and tenants. The federal government and many states and cities require landlords to disclose certain information to prospective and current tenants.
- Respect their tenants’ privacy. Once a tenant is living in the unit, state laws on landlord entry allow landlords to enter the rental only when certain notice is given, or in an emergency situation. Otherwise, landlords cannot enter the unit or otherwise disrupt tenants’ rights to quiet enjoyment.
- Not retaliate against tenants or misuse the eviction process. Many states prohibit landlords from taking action—such as shutting off utilities—in retaliation for certain tenant behavior. For example, many laws prohibit landlords from evicting tenants because the tenants complained to a government agency about unsafe conditions.
- Handle all rental-related matters in good faith. In addition to the fact that it’s usually good business practice for landlords to not act unscrupulously, some laws explicitly require landlords to handle all rental-related matters in good faith. What “good faith” means is somewhat objective, but many states define it as honest conduct.
A Landlord-Tenant Lawyer Can Help
The law dealing with the rights and responsibilities of residential landlords can be complicated. Plus, the facts of each case are unique. This article provides a brief introduction to the topic. For more detailed, specific information, particularly when it comes to a complicated issue such as a tenant’s discrimination lawsuit or an eviction dispute, contact a landlord-tenant lawyer.