Investing in real estate can be a great idea, but if you invest in rental property then it is a good idea to have a general idea of the law and what your responsibilities, as well as your rights, are as a landlord. Landlord tenant law may vary from state to state but almost all states have similar laws with some minor changes according to the state you are in. Landlords and tenants have certain legal rights and responsibilities concerning the rental property and it is important to be aware of these before you invest in rental real estate. Many times disputes between a landlord and a tenant could have been avoided if both parties understood their rights and responsibilities under the law.
Landlords have some rights concerning their rental property but they must follow the proper procedure to get rid of a problem tenant, no matter what the problem is. Landlords have a right to expect the rent to be paid on time, for the tenants to keep the property clean and not cause damage besides normal wear and tear, for tenants to exist peacefully in the area and not bother neighbors with loud or illegal behavior, for the rental unit to be occupied by only those persons listed on the lease unless permission has been given, and that all of the lease conditions are followed. There are other various rights that vary from state to state so finding out your specific rights besides these listed is a wise investment idea.
Tenants also have some basic rights under landlord tenant laws in almost all of the states as well. They have the right to expect their rented property to be maintained in a safe and reasonable manner, to have privacy in the property that they rent, to have at least twenty four hour notice before allowing the landlord in to inspect or make repairs unless the tenant agrees to less notice, and in most states forty eight hour notice must be given to allow the tenant time to arrange to be in the rental property when the landlord is there. A landlord does not have the right to enter the property when the tenant is not present or is not aware of the visit. In some states a landlord who enters the property without the required notice to the tenant can be arrested for illegal trespass. A tenant also has the right to expect the premises to be repaired if needed at no cost to the tenant if the problem was due to normal wear and tear or age. It is illegal for a landlord to turn off basic services to a tenant like water, heat, electricity, or gas.
The best way for you to protect your rental real estate investment is to learn the landlord tenant laws in your area. Understand and follow your rights and responsibilities as a landlord when dealing with your tenants. Follow the proper procedures when dealing with a problem, a tenant, or a problem tenant. Document problems so that if you do wind up in court, you can provide proof and documentation of the problem.
Copyright © 2007 Joel Teo. All rights reserved. (You may publish this article in its entirety with the following author's information with live links only.)
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