Know Your Rights: 10 Essential Landlord-Tenant Laws Every Landlord Must Master
Finding a new renter might be a simple procedure, but learning the ins and outs of landlord-tenant legislation can be challenging. And even if you know the rules, they're subject to change. That's why it's important to stay up to date with the rules in your area on a frequent basis.
The best method to learn about rental regulations is to speak with an attorney, but this article provides a deeper look at eleven landlord-tenant statutes that every landlord should investigate.
1. Rental Licenses
You should check your local regulations to see if you need a license to rent out your home. There are rental licensing programs in place to guarantee that occupants have access to safe, habitable dwellings.
Landlords in some areas, such as Oregon, are required to obtain special permits to legally rent out their homes. While some states have statewide requirements, others may simply apply them locally. Although landlord licensing is not required statewide in Pennsylvania, it is in the city of Philadelphia.
Before renting out your homes, make sure you check state and local rules to ensure you're in compliance with them to avoid fines and other consequences.
2. Rent & Security Deposit Collection
Rental companies rely heavily on rent collection, so it's crucial that they comply with all local regulations. There are no uniform rent controls in the state level in places like Ohio and Virginia. Landlords in California are prohibited from requiring cash payments from tenants.
The laws governing security deposits also vary from one jurisdiction to the next. Landlords in Rhode Island, for example, can't request a security deposit that's more than the equivalent of one month's rent, and they have to give it back within 20 days of the lease's expiration.
A landlord in Florida can request whatever amount as a security deposit. Any security deposit held in an interest-bearing account must still yield the renter at least 5% simple interest per year or 75% of the annualized average interest rate.
3. Late Fees & Grace Period
A late fee is a simple and enforceable approach to get rent paid on time, but it may not be allowed in all jurisdictions. Late fees in Tennessee can't be more than 10% of the monthly rent, per state law.
Think about grace period regulations before slapping on a late fee. Landlords in Tennessee must wait five days before considering rent late.
Landlords should incorporate their rules on late fines and grace periods in the lease for them to be enforceable in states where such provisions are not legally required.
4. Required Clauses and Disclosures in Lease Agreements
Your lease is a binding document that sets forth the terms and conditions upon which you and your landlord agree to perform. A legally binding lease must include provisions that are mandated in the renter's home jurisdiction and must not infringe on the renter's rights.
The following provisions are mandated by law in states such as New York, Minnesota, and Rhode Island:
- Landlord’s name, address, and phone number
- Rent amount and due date
- Length of the lease agreement
- Description of the rental unit
In addition to the lease's provisions, the landlord may also be required to provide certain disclosures. Putting up a warning sign and providing an EPA leaflet on lead-based paint is standard procedure in several states.
There could be more stringent norms in effect in certain states. In Missouri, for instance, landlords are required to reveal whether or not their property has ever been used to manufacture methamphetamine.
Even though none of the above provisions are mandated by state law, it is still a good idea to include them in your written lease for the protection of both you and your tenant.
5. Majuana Use
Despite the fact that marijuana regulations vary from state to state, in most cases, landlords have the right to establish their own guidelines for their properties. If you don't want your tenants smoking cigars or cigarettes in your building, you may do the same thing with marijuana. Tenants that grow their own weed might be evicted from your property.
Marijuana, for instance, is illegal under Wisconsin law in all of its forms. Tenants who grow or sell marijuana on the rental property may receive a non-revocable five-day notice to vacate.
6. Pets & Service Animals
Since more than half of all US households keep pets, it's important for landlords to be aware of any regulations in place for dealing with tenants who have animals. The amount of a pet deposit that a landlord can request from a tenant is capped in some states, like Kansas. There are no restrictions on pet costs in other states like New Hampshire.
It's important to note that pets are not subject to the same rules and regulations as ESAs and service animals. Emotional support animals (ESAs) are animals that help people with disabilities in emotional ways. The Fair homes Act allows for "No Pets" homes to accept disabled renters with an emotional support animal.
Landlords have the right to ask for proof of eligibility for an ESA. Landlords, on the other hand, cannot:
- Charge a fee, additional rent, or a security deposit for having an emotional support animal
- Ask the tenant about their disability
- Require the animal to have any specific training
- Refuse to house the tenant because their insurance does not cover ESAs
Individually trained animals that aid their disabled handlers in performing daily activities are protected by the Americans with Disabilities Act as "service animals." They can't be charged pet fees because they aren't technically considered pets. Landlords can, however, request a security deposit to cover the cost of fixing any damage caused by the pet.
7. Property Abandonment
After vacating a rental unit, tenants occasionally forget to take all of their items with them. There may be steps you must take to ensure the tenant has no desire for the objects before you may dispose of them.
Different states have different laws on this subject. Unlike New Mexico, where landlords are required to hold abandoned tenants' belongings for 30 days before deciding what to do with them, Michigan has no such statutes governing the abandonment of property. If you dispose of the items improperly, you could face legal consequences.
8. Subleasing
Tenants who intend to be away from their rental property for an extended time should be approached about the possibility of subletting. But what really are the regulations of subletting?
Most states allow landlords to choose their own subleasing regulations depending on the terms of the lease. A subleasing clause, if not already present in the lease, will often be added by the landlord through a lease modification.
Verify your state's policy to avoid any complications; for example, New York and Virginia have stricter standards.
9. Lease Renewals
You should check the lease renewal rules in your state if you have an automatic renewal clause in your lease or have found excellent tenants whom you wish to keep.
Some jurisdictions require that at the end of a fixed-term lease's term, the lease automatically renews to a month-to-month lease, subject to the tenant's ongoing residence and payment. In some jurisdictions, landlords are required to inform tenants about automatic renewal terms and provide a reminder prior to the end of the notice period.
If you want to be prepared and have open communication with your renters as a lease expires, it's important to know how to handle lease renewals in accordance with local landlord-tenant rules.
10. Evictions
Having to remove a troublesome renter is sometimes necessary. Knowing the relevant regulations is crucial if you intend to pursue an eviction, as this process is highly nuanced and differs from state to state.
While the steps involved in evicting a renter can vary by state, all begin with finding a valid reason to do so. Among these are the following:
- Nonpayment of rent
- Violation of lease terms
- No lease or end of lease
- Material health or safety violation
Landlords can only initiate the eviction procedure if they have a good reason to do so under the law. Additionally, self-help evictions are prohibited by law in the majority of jurisdictions. This means that landlords cannot try to forcibly evict tenants by resorting to methods such as changing the locks, turning off the utilities, breaking into the home, and taking the tenants' things.
Conclusion
If you're a landlord, it's in your best interest to familiarize yourself with the relevant legislation so that you can confidently deal with any number of circumstances that may arise. Consult a local attorney if you have any doubts about complying with the law.
*Disclaimer: The information provided on this website does not constitute legal advice. Instead, all information available on this site is for informational purposes only.
