article by Edward Johnson, October 2011
When you rent a house or apartment to another person, you enter into a legal contract known as a landlord-tenant relationship. This contract has certain basic conditions set by law that you should understand before you enter into this type of agreement.
As a landlord, you have the right to receive rent for the use of your property. You also have the right to have your property returned to you undamaged at the end of the rental agreement. It should be returned in the same condition it was received, except for normal wear and tear. In exchange for these rights, it is your responsibility to provide a home that is habitable and to make repairs when needed. You must also equip the residence with a properly working smoke detector and provide the initial set of batteries if it is battery operated.
It is your duty as a landlord to respect your tenant’s rights. These rights include the right of peaceful possession. By renting your property to the tenant, you give that tenant the possession and use of your property free from interference. That means that you may not enter frequently, at odd hours, without a legitimate reason, or without notice. You typically have the right to protect your property through reasonable inspection to make repairs and to show the property to possible buyers. You must give at least 24 hours notice of your intent to enter unless the tenant has asked in writing for repairs within the last seven days or there is an emergency.
As a landlord, you are responsible for observing federal, state and local laws when it comes to the use and condition of the property.
When you rent your property to someone, you must give him or her your name and address or the name and address of your authorized manager. You cannot discriminate against a tenant for having children, for being disabled, or for any other illegal reason. Some of the additional reasons include: a tenant’s successful defense against the grounds for a past landlord’s attempt to evict him or her; the tenant’s having been the victim of a domestic violence or sexual assault or stalking crime; the tenant’s religion, or race or ethnic background. In some locations, it is unlawful to treat differently people who are aged or who are not heterosexual.
You may not retaliate against a tenant by raising the rent, shutting off utilities, or trying to evict the tenant because he or she complained to you or a public agency about habitability conditions, discrimination or other violations of the law, or because the tenant joined or organized a tenants’ union or organization. You cannot lock a tenant out. The only exception to this prohibition occurs when a tenant who can demonstrate she or he has been the victim of domestic violence, stalking, or sexual assault asks to have the perpetrator tenant locked out of the unit where the victim of the crime continues to live.
Steven W. Hair focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor and Safety Harbor.
For more information, visit our website at www.familylawclearwater.com
Or call (727) 726-0797
(article will continue next month)