A Landlord's Legal Rights

For many real estate investors, obtaining month-to-month rental income is an attractive option. But as a landlord, you have a lot at stake when you enter into a rental agreement for your rental unit. States have laws in place to help you protect your investment. Landlords have rights, and you should understand them.

This article outlines your legal rights as a landlord. You’ll also find helpful tips on legal issues related to renting out your real estate to a tenant. Keep reading to learn about several rental property issues, including:

• Lease agreements
• The eviction process
• Property repairs
• Return of security deposits

Owning a rental property is a business, and legal problems can affect your company’s reputation and your bottom line. This is why many successful rental property owners have an experienced legal professional on their side. A good lawyer can help you defuse legal problems as they occur, and—most importantly—take proactive steps to avoid them altogether. Find a landlord-tenant attorney near you.

Your Rights When Terminating a Lease

No matter how careful you are during tenant screening, you may have to evict a tenant at some point. While you can’t evict a tenant just because you don’t like them, you certainly can terminate a lease for cause.

Landlord-tenant laws vary by state, but they generally give landlords the legal right to evict a tenant for the following common reasons:

• Nonpayment of rent or a renter is habitually late with rent (absent a credible reason)
• Renter violates one or more material lease terms, such as owning a pet when the lease clearly states “no pets”
• Renter has violated the law, whether it’s a pattern of disturbing the peace or engaging in illegal drug activity

Eviction laws vary by state and even city. It’s best to seek the legal advice of a real estate attorney before terminating a lease.

How To Legally Evict a Tenant

Evicting a tenant isn’t as simple as sliding an eviction notice under the door. A court may not approve an eviction if you haven’t established a clear reason to end the tenancy. If you evict a tenant without cause who is part of a protected class, you may open yourself up to a housing discrimination lawsuit. Examples of protected classes include:

• Disability
• Race
• Sex and gender
• Religion
• National origin

Before You Evict a Tenant: Give Required Notice

Most states require landlords to give tenants advance notice that they will be evicted if an offending behavior does not change. These are called either “notice to cure” or “pay rent or quit.” They give tenants a chance to correct their behavior within a specified number of days.

For instance, a three-day notice might warn that eviction proceedings will begin if rent is not paid within three days. A longer 30-day notice may be required to end a one-year lease if the tenant is not at fault.

Landlords may also give an eviction notice (“vacate” or “quit”), which does not give tenants an opportunity to correct course. Instead, it warns that the tenant will be evicted within a specified period if they fail to move out on their own.

Sometimes, an eviction case is necessary because of something much more serious than unpaid rent. For instance, suppose a tenant is manufacturing drugs in violation of the law and the lease terms. In that case, an unconditional quit notice may be appropriate under eviction laws.

How To Provide Written Notice of Eviction

Some states require that certain notices be presented directly to the tenant. Written notices may need to be served in the following ways:

• In-person
• Taped to the front door
• Sent through certified mail
• All of the above

Your Right To File an Eviction Petition

Unless the tenant voluntarily leaves the property, the landlord may need to file an eviction petition. This is also known as an unlawful detainer action. Courts that handle eviction lawsuits are not necessarily small claims courts. So, make sure you bring your eviction proceedings before the correct court.

An illegal eviction can harm your business and expose you to costly legal liability. Eviction is a legal process, and you’ll want to get it right. Find a landlord-tenant attorney near you.

To obtain a court hearing, you’ll need to file a lawsuit and pay court costs. Most types of eviction cases receive priority court dates to minimize losses for property owners. In court, the homeowner or their property management company must testify and provide a valid reason to evict the tenant.

After a court order, the renter is given a reasonable amount of time to move out before forced removal is considered. If the renter does not vacate in a timely manner, local law enforcement may execute the court order and remove them forcibly.

Your Rights Don’t Counteract Federal Fair Housing Laws

An important part of defending your rights as a landlord is respecting tenants’ rights. It might sound counterintuitive, but if a tenant commits a lease violation, you don’t get a free pass to pursue an illegal eviction. You still must follow the legal process in your state and city to lawfully evict a renter.

Evicting a problem tenant can be risky if you have violated the tenant’s rights in any way. Make sure you check for any local laws regulating access to housing. For instance, some states protect active-duty service members from eviction. Others expand safeguards against discrimination for protected classes, including members of the LGBTQIA+ community.

Federal fair housing laws include:

• Federal Fair Housing Act: Prohibits housing discrimination on the basis of race, color, national origin, religion, sex, familial status, and disability
• Title VI of the Civil Rights Act: Prohibits discrimination on the basis of race, color, or national origin in programs receiving federal funding
• Title II of the Americans With Disabilities Act: Prohibits discrimination on the basis of disability in programs provided by public entities (enforced by HUD when it involves housing)
• Age Discrimination Act: Prohibits discrimination on the basis of age (protecting those 40 and older) in programs receiving federal funding

Assert Your Landlord Rights: Get Legal Help

FindLaw’s directory of landlord-tenant lawyers can connect you to qualified legal help near you. Enter your city or ZIP code for a list of experienced legal professionals in your area. Because state and local laws are relevant, your attorney should be licensed in the state where the property is located. Your search results will also show important details about prospective attorneys, like ratings, languages spoken, and whether they offer free consultations.