Landlord-tenant rights are generally covered under individual state laws.
Each state varies in the language of the laws, so you should become familiar with your own state's law.
The following is based on California law and should be viewed as a general guide.
I cannot stress enough how important it is to have a qualified real estate attorney on your team of professionals.
Eviction Should it ever become necessary for you to evict a tenant, you should know that there are laws that require that you file licenses or permits before you do so.
California law says that you cannot evict someone until 60 days after they have been notified.
This means that you could have up to 60 days with no income on the property.
Does this seem like a good reason to properly screen your tenants? I think so.
Licensure of Property Managers Many states, such as California, require that people who manage property be licensed as a real estate broker.
Unfortunately, this law is often unheeded as many people are not aware of it.
However, as any good attorney will tell you, ignorance of the law is not an excuse.
If you're a property manager, make sure that you know if a law like this applies to you.
If you are a landlord and employ a property manager, find out if they should be licensed.
Get a copy of their license and insurance information.
In California, the punishment for those who manage without a license is that the rental agreement may not be enforceable.
Right of Entry Once you enter into a lease agreement, do not assume that just because you own the property that you still have the right to enter it.
In most states a landlord gives up his or her right to enter the property once an agreement has been made.
There are reasonable exceptions to these laws in the case of emergencies.
Again, you should check with an attorney about your specific location.
Security and Crime You do have a reasonable responsibility for the security of your tenants.
A landlord can be sued and held liable for the criminal activity of others if the crimes are committed in the apartment complex.
An example would be theft from cars if the landlord has been negligent in fixing a security gate.
Also if the crimes were committed by an employee of the landlord, such as a property manager, the landlord could be held liable for those activities just as if it were him or her who committed the acts.
The best advice that you can get with regards to landlord tenant law is this: act ethically.
As a professional, you have a responsibility to society to do business with a high moral standard.
While the law and morality are not necessarily the same thing, if you act ethically, you will more often than not, be acting legally.
Each state varies in the language of the laws, so you should become familiar with your own state's law.
The following is based on California law and should be viewed as a general guide.
I cannot stress enough how important it is to have a qualified real estate attorney on your team of professionals.
Eviction Should it ever become necessary for you to evict a tenant, you should know that there are laws that require that you file licenses or permits before you do so.
California law says that you cannot evict someone until 60 days after they have been notified.
This means that you could have up to 60 days with no income on the property.
Does this seem like a good reason to properly screen your tenants? I think so.
Licensure of Property Managers Many states, such as California, require that people who manage property be licensed as a real estate broker.
Unfortunately, this law is often unheeded as many people are not aware of it.
However, as any good attorney will tell you, ignorance of the law is not an excuse.
If you're a property manager, make sure that you know if a law like this applies to you.
If you are a landlord and employ a property manager, find out if they should be licensed.
Get a copy of their license and insurance information.
In California, the punishment for those who manage without a license is that the rental agreement may not be enforceable.
Right of Entry Once you enter into a lease agreement, do not assume that just because you own the property that you still have the right to enter it.
In most states a landlord gives up his or her right to enter the property once an agreement has been made.
There are reasonable exceptions to these laws in the case of emergencies.
Again, you should check with an attorney about your specific location.
Security and Crime You do have a reasonable responsibility for the security of your tenants.
A landlord can be sued and held liable for the criminal activity of others if the crimes are committed in the apartment complex.
An example would be theft from cars if the landlord has been negligent in fixing a security gate.
Also if the crimes were committed by an employee of the landlord, such as a property manager, the landlord could be held liable for those activities just as if it were him or her who committed the acts.
The best advice that you can get with regards to landlord tenant law is this: act ethically.
As a professional, you have a responsibility to society to do business with a high moral standard.
While the law and morality are not necessarily the same thing, if you act ethically, you will more often than not, be acting legally.
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