Let’s face it, being a real estate or rental property owner is like trying to navigate a minefield. At every point, you must double-check federal and state laws to ensure you don’t cross boundaries on your own property. The various housing laws that exist always protect the interest of the tenants over that of the landlords.
So, it may seem that landlords have few, if any, rights. However, specific landlord-tenant laws protect a landlord’s rights. This article discusses some of these rights and how they protect your interests as a property rental owner.
First, there is one important question to discuss: How did landlord-tenant laws shift in favor of tenants, rather than the landlord, who invested a lot of money in a house or apartment?
Reasons for Revising Housing Laws
Changes to housing law legislation resulted from a growing awareness of the welfare of tenants. Unfortunately, this was primarily due to the unfair treatment of tenants in the past. The term slumlord came to mean a landlord who tried to maximize profit but failed to upkeep the property. As a result, the government set out to protect tenant interests by enacting rent control laws to defend them from oppressive landlords.
Also, in modern times, tenants are mobile, often moving from city to city, region to region, to suit their needs. As a result, past tenancy agreement laws might not be relevant or practical nowadays. For example, tenants used to repair and upgrade rented apartments. This was usually because they stayed in those locations longer than they do now.
The implied warranty clause means that rental units must be “fit for purpose.” This means that the property is up to standard and fit for human habitation. Landlords must ensure heating, hot water, waste disposal, and plumbing work. Of course, once the tenant moves in, they are responsible for caring for the place. However, the landlords still have responsibilities to ensure essential maintenance and repairs are carried out.