Generally Speaking
Whether you’re a new landlord yourself, you’re getting ready to sign a new lease agreement, or you’re having problems with a current landlord, if you’re interested to know what a landlord cannot do (absolutely and 100% legally), then this article is for you! We’ll also be covering some interesting things you may not know they can do. It’s important to mention that landlord tenant laws vary by state to a notable degree. However, everyone in this great country of ours is legally entitled to a clean, safe, habitable place to live – and something called a “right to quiet enjoyment” of life, as well!
Right To Quiet Enjoyment
Generally speaking, the right to quiet enjoyment is part of the right to privacy we are all afforded in our own home – even if technically, it’s not! If you’re the landlord or property owner, it means you have no right to enter the property without proper notice. This is considered to give notice of at least 24-48 hours unless there’s an emergency, and it must be scheduled at a reasonable time of day and for a valid reason. A landlord must make sure to respect the boundaries of the property once the tenant has possession of it, except for in an emergency situation.
Money Matters
Another of the things landlords cannot do (or are restricted from arbitrarily doing) is keep your security deposit. In this department, tenants will often receive the benefit of the doubt in court, and landlords must return the security deposit (minus any rent owed or money used for cleaning and/or to make repairs) within 30 days after you move out. As a tenant in Nevada, a landlord cannot charge you more than 3 month’s rent for your security deposit amount.
A landlord cannot suddenly raise your rent according to state laws in Nevada, either, and must give at least 45 days notice before any rent increases. As part of rent control laws in this state, a tenant is also protected from rent increases while in a lease agreement, but once the lease term is up, the increase can be imposed. A landlord cannot raise the rent as “retaliation” for any tenant who causes them grief in any way, either.
Discrimination
Landlords or rental property owners must abide by everything in the Fair Housing Act when actively screening tenants. It is so important, but so easy to make a mistake that could cost you real money when interviewing potential tenants. You cannot refuse to rent to anyone for any discriminatory reasons, such as: race, color, religion, sex, disability, familial status or national origin. You can specify your own rules, for which all tenants must follow, but they must take into consideration things such as service animals. Successful lawsuits are brought every day based on violations of the Fair Housing Act.
Checklist For Agreement
State law mandates that landlords who own rental property or real estate with rental units on it are responsible for providing a legal and comprehensive rental agreement. In the agreement, all specific rules should be clearly stated by the landlord, and in addition to these rules should include the following:
- Terms of the contract
- Rent amount
- Frequency of payment
- Payment conditions
- Occupancy rules regarding children or pets
- Services included with the residential property
- Charges for late or partial rent payment
- Landlord’s or property manager’s inspection rights
- List of occupants
- Responsibilities of the landlord and tenant
- End of lease or lease termination procedures and the eviction process
Landlord Responsibilities
The landlord should advise tenants they have a right to purchase renters insurance, and lead them to the proper legal channels to do so. It is the landlord that makes repairs, but the tenant is responsible for making maintenance requests if necessary, right away. Ideally, together the integrity of the property and rental unit should be maintained by both parties. A landlord has the right to use credit history as a screening tool for renters, but must provide specific details as to how it’s used in the results.
The Eviction Process
There are legalities concerning evictions as far as landlords go, but these laws do vary by state. Landlords are required to take legal action and get a court order after providing an eviction notice in order to attempt to vacate their property or site of rental properties. However, any real estate or property owner who is a landlord has to take extra care not to violate any tenants rights throughout the procedure and follow all the requirements at the same time. Take the right action to protect your rights, whether you’re a tenant or a landlord, and educate yourself!
The Unusual
Ok so here are a few things you may not know about landlords, so you can be sure to take the right action when it comes to protecting your own rights. As a prospective tenant, the real estate owner may not ask you how old you are or if you’re planning to have kids. Basically, you can only be asked about income, employment, references and permission to run your credit. This is the law in every city and state in the United States of America relating back to discrimination.
If you are a tenant, in case you’re tempted to fix anything yourself, don’t! By law, your landlord is responsible for the repairs themselves, and the only thing you’re responsible for is letting them know when something needs it. If something breaks due to your negligence, you may have to pay for some of the cost, depending on the situation.
Want To Sell Your Property Fast For Cash?
You may well be tired of landlording, as it is a tireless job and costs a significant amount of continuous cash flow, time and lots of energy. Perhaps you know all too well what a huge undertaking trying to prepare a house for sale is, however, and your last tenants really left it a mess. Whatever your scenario may be, contact us here at Sell Your House Fast Las Vegas for a free, no obligation cash offer for your house today!
