1. Applicable Laws
There are federal, state and local laws that provide rights, protection and obligations for tenants and private landlords. Private landlords must comply with a combination of the requirements from all three law sources.
The legislation that applies in all U.S. states is based upon the Uniform Residential Landlord and Tenant Act (URLTA).
Federal Law overlays state law and local laws may have additional requirements.
2. Tenant Selection or Denial
You need to be careful with your tenant screening and selection practices, and be sure they comply with the fair housing act and any applicable state and local requirements. The Fair housing Act states that:
“No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap”.
Amongst other things the activities include:
* Refuse to rent housing
* Deny a dwelling
* Set different terms, conditions or privileges for rental of a dwelling
* Provide different housing services or facilities
* Falsely deny that housing is available for inspection, or rental
* For profit, persuade owners to rent (blockbusting) or
* Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the rental of housing.
3. Eviction Rights of Landlords
If a tenant is not paying their rent and or is continuously violating property rules as stated in the rental or lease agreement, it is the landlords right to terminate the rental agreement or lease, request the tenant to vacate the property and if necessary to begin the eviction process.
Again, you need to check the laws in the state in which the property is located as there my be specific requirements you need to comply with for terminating the rental agreement or lease particularly in terms of notice required and in what form.
If you know your rights as a private landlord and comply with the tenants’ rights, you can be confident in using the laid down legal processes to remove bad tenants.
This right to evict is a way of protecting your investment but you also need to be aware that some tenants may become malicious when they are evicted, such as painting on the walls, putting holes in the walls, or destroying the landlord’s property.
Obviously, you have a right to take the renter to court in order to recover damages. You will need proof of the damage caused and it’s likely the evicted tenant will contest your damage claims. Photographic or video recorded evidence will be necessary proof to show the authorities and court judges.
If you have evicted the tenant for non-payment of rent, getting money for damages could take a long time so it’s in your own interest to weigh up the costs of repairs before embarking on legal action.
I’m not saying you shouldn’t take the tenant to court but you are running a business so do what is right for you as a private landlord.
Conclusion
As a private landlord, make sure you know the relevant laws and your obligations to your tenants. Understand your tenants’ rights and make sure you comply with them. If you make sure you are the best private landlord you will get the best tenants.
The landlord act is only one of the laws you have to know. Private Landlord’s guide “Find and Keep Great Tenants” will help demystify the law for you. Check it out at http://PrivateLandlord.org
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