Landlord's Rights

As a landlord of a property you benefit from those rights that are set out in the tenancy agreement. This makes it particularly important that as a landlord you ensure that the agreement contains all of the rights that you are likely to require. For this reason it is never advisable to draft a tenancy agreement from scratch. There are suitable free tenancy agreement templates available on this website and sites like this website.

An Overview of Landlords’ Rights

Tenancy agreements are meant to protect both the landlord and tenant from certain issues. Each tenancy agreement outlines what is expected of both parties. Still, there are some rights that bear mentioning because of what could occur regarding a tenancy agreement. The most common issue with letting a place is rental arrears, where the tenant can no longer afford to pay the rent. In this situation the landlord needs to have the right to end the agreement. Damage to the property is another cause of issues regarding the tenancy agreement. Sometimes individuals do not make the best renters and a property can be damaged to the point that repairs are extremely costly.

Due to the problems that can arise by having tenants in a property landlord rights can step in and protect them. We have a list of certain rights the landlord will have regarding the agreement signed.

1. The landlord is protected if the tenant is in arrears.

2. The landlord is protected from late payments- such that a fee can be charged for payments that are excessively late.

3. The tenant is responsible for disposal of garbage and other sanitation requirements.

4. Tenant must pay for fumigation if infestations occur as a result of pets or other unsanitary conditions kept.

5. Tenant must maintain the property and items in the property. In other words tenants cannot bust down a wall or remove a stove without landlord permission.

6. Intentional or careless damage is protected under the agreement.

7. Tenants may not be a nuisance, such as a dog barking all night.

8. Tenants must also restore the property to the same condition as when they moved in, excluding normal wear and tear.

9. Landlords are also protected by any written agreements having to do with the property, such as the amount of rent they can charge, when it is due, etc.

The landlords do have to fulfil tenants’ rights as well. A failure to adhere to tenants’ rights will break the legal agreement; however this does not give the tenant the right to damage property in anger.

If the landlord needs access to the property they must give the tenants two days notice of their intent. There are access rights of the landlord. These rights must adhere to the tenant’s rights which can come first. For example the landlord may enter the property if they are changing the circulated air filters, if so stated in the agreement. In other words, if the tenant is not responsible for changing the filters the tenant should be granted permission to do so. If the tenant has asked for a repair to be done the landlord must set up a time that is convenient for the tenant.

The Landlord does have the right to evict a tenant for the breaking of the tenancy agreement. There are strict guidelines that must be followed, such as submitting a written reason for the eviction request to the court of law, and waiting for the court to make a decision. For more about tenants’ and landlords’ rights view Tenants’ Rights.