Rental properties can be subject to some complex laws, and not all of them are intuitive. Property managers and property owners need to be aware of the landlord-tenant codes in their areas to make sure that they are not in violation of any of them, as any infraction can eventually lead to severe ramifications.
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Deposits Cannot Be Held For Rent
A rental deposit needs to be used only if there are repairs or cleaning that needs to be done to the property after the move out date. A rental deposit cannot be held for back rent or as a last rent payment, even if the renter requests this. Instead, the rental deposit must be clearly returned less any applicable fees, and any rent due needs to be paid in separately by the renter.
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Landlords Cannot Enter The Home Without Notice
Many landlords, especially those who live on the property, may see nothing wrong with entering the property to either check in on something, inspect it, or even just leave a note for the tenant. However, landlords are not allowed to enter a home without giving notice, unless there is an emergency such as water damage or smoke. The amount of notice necessary varies by state.
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Landlords Need To Give Notice When Selling Property
Landlords need to give notice to their tenants when properties are about to change ownership.
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Rental Income Needs To Be Reported
Many landlords avoid claiming their rental income, either because it comes in as cash or because it goes directly to the payment of the property’s mortgage. Rental income needs to be reported as income on taxes, and it may also need to be reported to the state for either sales tax or general excise tax payments.
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Landlords Cannot Change Locks
Even after an eviction, a landlord cannot change the locks to keep a tenant out, nor can the landlord remove the tenant’s property on their own or make any other physical attempts to drive the tenants out. In order to remove tenants, strict legal processes need to be adhered to, or the tenants themselves will be able to claim damages.
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Court Orders Are Required For Eviction With Cause
While landlords can evict without cause, the process can take from 30 to 60 days. If the landlord does have cause for eviction such as severe property damage or illegal activities taking place in their rental property, a court order will be needed to evict the tenant any earlier.
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Landlords Must Honor Service Animals
Even landlords who have properties that do not allow animals need to accept tenants who have service animals, though paperwork can be requested that proves that the animals are necessary for the disabled person’s health. Properties cannot turn away tenants because of their disabilities and need to make reasonable accommodations for them.
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Landlords Cannot Discriminate
Landlords cannot discriminate between tenants based on race, age, gender, sexual orientation, or disability. However, there are exceptions for landlords who are renting out properties that are attached in some way to their own living quarters.
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Landlords Need To Keep Properties Up To Code
Landlords need to keep repairs and maintenance up on their properties, and need to follow the local state laws on what qualifies a property as being up to code.
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Landlords Cannot Stop Utilities
On rental properties in which the utilities are under the landlord’s name, the landlord is not allowed to stop utilities in an attempt to drive a non-paying or even evicted tenant out. However, the landlord should check the landlord-tenant code because this may not apply if the utilities are not included in the rent but are instead supposed to be reimbursed to the landlord on a monthly basis.
