What Are A Landlord's Rights?

By: LawInfo

The landlord has the right to receive rent and collect damages for misuse or negligent destruction of the property, including damages in excess of the tenant's deposit. You do not have the right to withhold rent even if the landlord does not repair the property. In that case, you must give the landlord a 14­day notice to repair or you will vacate in 30 days.

A landlord may charge whatever rent the landlord desires and may charge a security deposit not in excess of one month's rent and a pet deposit not in excess of one­fourth of one month's rent.

The landlord may establish terms and conditions governing the tenant's conduct. Rules must be applied to all tenants in a fair manner and notice of those rules must be given to the tenant at the time the lease is signed. Rules adopted after the tenant signs the lease are enforceable if notice is given to the tenant, and if the rule does not substantially change the rental agreement.

The landlord's right to establish such rules does not give him or her the right to discriminate against prospective tenants on the basis of such factors as race, religion or national origin.

The landlord may enter a rental unit to inspect the premises, make repairs, supply services or exhibit the property to workers, prospective tenants or purchasers. In these instances, the landlord must give the tenant at least one­day's notice that he or she intends to enter, and should enter only at reasonable times. The landlord may enter without the tenant's consent only if there is an emergency, or if the tenant has abandoned the premises.

If the tenant abandons the rental unit, the landlord may take immediate possession. The landlord may require tenants who intend to be away from their rental unit for more than seven days to notify the landlord, so the landlord does not assume the property has been abandoned.

The landlord must give you notice of selling your abandoned property; if it is worth $250 or more, the net proceeds are sent to you or the State Treasurer for you to claim. If your property is worth less than $250, the landlord may keep, sell or destroy the property if you don't claim it by the stated date.

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