As a landlord, getting used to your rights is a must to protect your property, have a steady rental income,
and maintain a relationship with the
tenant. Laws are made and re-newed each year, and some of those in 2025 must be memorized by landlords.
1. Right to Screen Tenants (HUD.gov)
Landlords have the right to screen potential tenants through background checks, credit reports, and rental history verification. This way, the tenants
are known to be financially capable and have a clean rentalrecord. Landlords, however, need to comply with Fair Housing
Laws not to discriminate against race,
religion, sex, disability, or other
protected classes.
2. Right to Collect Security Deposits (Nolo.com)
Landlords can charge a security
deposit to cover potential damages or missed rent. The amount varies by state, but most
states limit it to one or two months'
rent. In 2025, some states have brought in tougher regulations on deduction of deposits, whereby landlords must issue itemized receipts
for any deductions taken.
3. Right to Set and Increase Rent (RentControl.com)
Landlords can set initial rents and increase them, but
they are subject to state and local
rent control laws (if they apply). All states require 30 to 60 days' notice before rent increases can be made, depending upon the lease terms. There are cities with rent stabilization ordinances, so landlords must know what current
local laws are.
4. Right to Enforce Lease Terms (LegalZoom)
A lease agreement is a legally binding contract. Landlords
can enforce lease terms, including:
- Payment due dates
- Pet policies
- Subletting restrictions
- Maintenance responsibilities
When a tenant breaks the
lease, landlords can give warnings or initiate eviction
proceedings if needed.
5. Right to Enter the Property (With Proper Notice) (Landlordology)
Landlords have the right to enter rentals for inspection, upkeep, or to display rentals to potential tenants.
However, a majority of states necessitate 24 to 48 hours'
notice (other than emergencies such as water damage or fire hazards). Tenants should not unreasonably
withhold permission to enter where resonable notice is given.
6. Right to Evict for Nonpayment or Lease Violations (Avail.co)
- When
a tenant fails to pay
rent or violates the conditions of the lease, landlords can pursue eviction.
- The process must comply with state eviction laws, which are typically:
- A
written notice (e.g., Pay or Quit notice)
- Filing
a court complaint if the tenant doesn’t comply
- A
court hearing before forced removal
- Self-help evictions (changing locks, shutting off utilities) are illegal in all states.
7. Right to Charge Late Fees (Rocket Lawyer)
The landlord is able to charge a late fee if rent is not paid on time
but only if it is reasonable and stated in
the lease. Some states cap late fees (e.g., 5% of the monthly rent),
while others require a grace period before fees take effect.
8. Right to Prohibit Unauthorized Occupants (Zumper)
Landlords are allowed to limit longterm visitors or unapproved renters to avoid overcrowding and
lease breaches. In case a tenant brings in someone unbeknownst to them, landlords can send a notice of lease breach or demand the new renter to be screened.
9. Right to Deduct Repair Costs from Security Deposits (The Balance Money)
- If a
tenant is responsible for damage that is not normal wear and tear, landlords are able to charge repair costs against the
security deposit.
- An itemized list of damages
- Receipts for repairs
- Any remaining deposit within 30 days (varies by state)
10. Right to Require Renters Insurance (Insurance Information Institute)
Landlords cannot require tenants to buy renters insurance, but they can include a provision in the lease requesting it. This protects tenants belonging and reduces liability lawsuits against the landlord.
11. Right to Refuse Lease Renewal (With Proper Notice) (Justia)
Unless rent control laws apply, landlords can choose not to renew a lease when it expires. They must provide proper notice (typically 30 to 60 days) and cannot retaliate against tenants for exercising legal rights (e.g., reporting housing violations).
0 Comments