What Are My Rights as a Landlord?

Tenant Background Information You Can and Cannot Check

You have the right to know who is moving into your rental property and to refuse rental to applicants who do not meet your established criteria. The law allows you to approve or deny a rental application based on the following criteria:

• Credit history, including a low credit score and/or major issues such as bankruptcy
• Whether he or she can provide proof of stable employment
• Whether a prospective renter has enough funds to pay the first month’s rent and a security deposit
• Past criminal history, especially as it pertains to someone who would make a poor renter, such as a drug conviction
• One or more evictions on the applicant’s record
• Poor reference from past rental companies for issues such as frequent late payments or noise complaints

You can access an applicant’s credit history, criminal background check, employment history, and rental history as well as contact references to complete the application process. While you are within your legal rights to deny an applicant with one or more of these issues, you may want to ask him or her to explain first. A recent bankruptcy, for example, may have been due to job loss from COVID-19 and the applicant now has a new job. The amount of flexibility you want to offer is up to you.

Landlord-tenant laws also specifically prohibit basing your rental decision on any of the following:

• Disability
• Gender
• Family status
• National origin
• Race or color
• Religion

Right to Collect Rent and Security Deposits, Including an Additional Amount for Pets

You have the right to expect rent payments on time. To avoid any confusion with tenants, be sure to include consequences for not making timely rental payments in the lease agreement. This should include a late fee amount and when you will access it. The lease agreement should also spell out the eviction process in case of chronic late or non-payment of rent.

A security deposit is an additional sum of money the tenant pays when moving into the rental unit. The purpose is to cover your costs to repair any damages from the tenant and to clean up the property to make it available for the next tenant. Many states limit how much you can charge for a damage deposit. The equivalent of one month’s rent is typical.

You can only deduct from the tenant’s security deposit during the move-out inspection if he or she caused damages beyond normal wear and tear. We recommend placing security deposits in a separate bank account to avoid confusion with the primary rental account.

Most states allow landlords to collect an extra deposit if the tenant has pets. Remember this is refundable to the tenant if the pets do not cause any unusual damage. You may also be able to charge a pet fee, which is typically a small percentage added onto the monthly rent. While a pet deposit is refundable, a pet fee is not.

Right to Enter the Tenant’s Property for Repairs and Emergencies

You have the legal right to enter the tenant’s property at any time in response to an emergency, such as burst pipes causing flooding. It is important to make this clear to new tenants when they sign a lease as some may get upset if you enter the unit while they are not at home.

For anything else, including routine maintenance and repairs, you must provide the tenant with at least a 24-hour notice, although some states require a longer notice period. Be sure to inform the tenant of the day and time you plan to enter the unit as well as the purpose of your visit. In most cases, the tenant will have informed you of a maintenance or repair issue and will not be surprised by your visit.

Depending on landlord-tenant laws in your state, you may also be able to enter to perform routine maintenance if the tenant is away from home for an extended period. Assuming the tenant is informed of the upcoming visit, you should inform him or her of your intentions and describe any repairs or maintenance that you performed.

Evicting a Tenant

Although you have the right to evict a tenant for non-payment of rent or other causes, doing so is not always an easy process. Be sure to read and understand the eviction laws in your state before you give the tenant an eviction notice. Failing to follow the law to the letter or evicting someone on grounds that the Fair Housing Authority determines is discriminatory can cause significant problems for you. One of them is that the tenant can sue you in court.

We hope the above list of landlord rights helped you understand what you can and should do to best serve tenants and protect your own livelihood.