Landlord Rights and Responsibilities

Use these links to jump to different sections:

• How Is the Landlord-Tenant Relationship Formed?
• Landlord Rights
• Landlord Responsibilities
• How to Handle a Landlord-Tenant Dispute
• Finding the Right Attorney For Your Needs

Landlords are individuals or businesses that rent property to tenants in exchange for payment. If you’re a landlord, you have several important rights and responsibilities towards your tenants. Whether you’re planning to be a landlord for the first time or already have experience renting real estate, it’s important to understand the landlord-tenant law governing your role.

Knowing your rights and responsibilities as a landlord can help prevent legal issues with your tenant from arising–and when legal problems do arise, understanding the law can help resolve them as smoothly as possible. This article will cover important landlord rights and responsibilities and point to further legal help if you are dealing with a landlord-tenant dispute.

How Is the Landlord-Tenant Relationship Formed?

Nevada real estate attorney Terry Moore says this is “not a simple question. As a general rule, the landlord-tenant relationship is formed when the parties enter into a contract for the tenant to lease or rent the premises owned by the landlord.” When it comes to “interests in land that exceed one year,” contracts have to be in writing—a requirement known as the statute of frauds. “So, in the vast majority of cases, you have a written agreement,” Moore says.

However, “There are some cases where a written agreement is not necessary.” For example, Moore discusses what could happen if a homeowner let their son’s girlfriend live in their house: “Say she’s fallen on hard times, and you’ve given her a room. If she doesn’t pay you anything and you don’t sign anything, but she’s there for a decent period of time, it’s not as easy as throwing her out when you don’t want her living in your house anymore. She could arguably have created what’s called a tenancy at will, which is a situation where you don’t necessarily have an agreement for a set period of time, and it’s just something that can be terminated at will, but it’s still a tenancy.”

Moore explains that a “tenancy at will could also be created if someone has lived in your house and paid you money from month to month” without a written agreement. The bottom line with tenancy at wills is that even though there isn’t a written lease, some courts may still find a tenancy based on the circumstances. And this means you can’t simply throw the person out. You will have to follow the proper legal procedures to terminate the tenancy.

It’s best to speak with a lawyer about the best way to remove someone living in your house or property in this situation.

Landlord Rights

What rights do landlords have when renting their property to tenants? There are several important rights:

• Set terms of the lease agreement. Landlords control lease terms, including which rental units are available, how long a tenancy will last, who pays the utility company for services, and the use of common areas.
• Collect rent. Landlords are entitled to receive payment for renting their property. They can set the amount of rent, charge late fees for missed rent, and generally initiate rent increases (with notice, depending on the state)
• Choose who you want to rent to. As long as landlords do not discriminate based on protected characteristics in selecting renters, landlords can control who rents their premises.
• Evict tenants who violate the lease. Eviction is a legal process for removing tenants who refuse to move out when their lease has expired, fail to pay rent, or violate the terms of the lease agreement. Learn more about the eviction process.
• Choose not to rent anymore. When a lease term is up, landlords are entitled to choose not to rent their property anymore.
• Sell the rental property. Landlords are entitled to sell their apartment or rental housing property if they wish.

Landlord Responsibilities

Landlord responsibilities correspond to the rights that renters have in the landlord-tenant relationship. Landlords should:

• Follow the terms in the rental agreement
• Deal with tenants openly and honestly
• Comply with all federal and state laws, including fair housing anti-discrimination laws

• Keep the property safe and habitable by making necessary repairs and ensuring that hot water, air conditioning, and plumbing comply with housing codes.
• Notify tenants of any utility or water shut-offs
• Respect your tenants’ right to quiet enjoyment by only entering the premises at reasonable times or after giving notice
• Not retaliate or wrongfully evict a tenant
• Not wrongfully keep a security deposit (saving it for unpaid rent or damage beyond normal wear and tear is legitimate)

Learn more about tenant rights and responsibilities by reading this article.

How to Handle a Landlord-Tenant Dispute

“One of the most important things any tenant can do is communicate with their landlord promptly, honestly, and consistently,” says Moore. Because many people don’t do this, “We do a lot of evictions… [it’s often] the only tool that landlords have” to protect their rights. Eviction can be brought for a few reasons:

• The tenant refuses to move out when their lease has expired
• The tenant violates the terms of the lease
• The tenant’s conduct creates a nuisance

Whatever the reason for eviction, Moore says the eviction process generally proceeds by the landlord serving the tenant with notice. Once this happens, tenants “have to take some action, or they will be evicted.” Using Nevada eviction law as an example, Moore says, “If the tenant responds [to the landlord’s eviction notice] and files a tenant affidavit opposing it, the landlord will file their next document.” From this initial phase, “You’ll go into the eviction proceeding. Almost all [eviction proceedings] go to a mediation phase. If you can’t resolve it in mediation, you go into an eviction hearing,” where a judge determines the outcome and can issue a court order.”

No-Cause Termination of Tenancy

Another option landlords have (depending on state law) is known as no-cause termination. This option is available when tenancies have expired or been converted to a month-to-month basis. In this case, Moore says, “A landlord can serve a tenant with a 30-day no-cause notice that [essentially says], ‘I don’t need a reason, I just want my property back.’”

An important caveat to no-cause termination is that landlords “can’t [do it] in a retaliatory or discriminatory fashion.” At the same time, Moore says, “It’s a pretty high burden for the tenant to show that [termination] is in retaliation or for a discriminatory reason when landlords are simply saying they want their property back. There’s always a justification for why a landlord would want their property back at the end of a term.”

Finding the Right Attorney For Your Needs

Getting legal advice from a landlord-tenant lawyer is essential if you plan to take legal action against your landlord. Many attorneys give free consultations to prospective clients. These meetings are an excellent resource for both attorney and client because they allow the attorney to hear the facts of the case while the client can determine if the attorney meets their needs.

Visit the Super Lawyers directory to find a lawyer practicing landlord-tenant law in your area.