To provide a harmonic living environment and to prevent any legal conflicts, both sides depend on a clear and legally valid landlord-tenant relationship. Particularly, landlords have to be aware of legal acts or know what a landlord cannot do in order to uphold tenant rights and maintain compliance with housing rules.
The ten important activities on what a landlord cannot do are described in this comprehensive article, which also offers best practices for each and an extensive FAQ section to answer common questions. Scroll down for more information now!
Quick Facts Tables Regarding Some Most Common Problems And What a Landlord Cannot Do (or Should Remember)
An Overview of Landlord-Tenant Laws
Landlord-tenant regulations are meant to strike a compromise between the rights and obligations of all the participants in a rental agreement. Among other things, these rules address property upkeep, privacy rights, and conflict management techniques.
Familiarity with these regulations is essential for landlords to know exactly what a landlord cannot do and operate legally and ethically.
Why Do Landlords Need to Know Their Rights and Responsibilities?
Maintaining a good name and avoiding legal problems as a landlord depend on your knowing of your legal responsibilities and rights. Knowledge guarantees compliance with housing rules, helps to create fair lease agreements, and guides the suitable handling of tenant relationships.
This information not only shields landlords from any legal action but also helps them to understand what a landlord cannot do deeply. Besides, fulfilling and completing landlords' responsibilities can also satisfy tenants and keep them.
What a Landlord Cannot Do to Avoid Conflicts: 10 Essential Rules to Follow
Steer clear of the following behavior to preserve a legal and polite landlord-tenant relationship:
1. Enter a Tenant's Apartment Without Notice
To start with today’s list of things on what a landlord can and cannot do, let’s talk about illegally entering. Tenants have a basic right to privacy and peaceful enjoyment of their leased house. Usually, depending on state rules, landlords have to give appropriate notice before accessing a tenant's space, typically 24 to 48 hours.
Exceptions include emergencies where quick access is required to stop harm or injury. Legal repercussions and a breakdown of confidence between the landlord and renter might follow from illegal access.
Best practices:
- Give written notice outlining the visit's date, time, and goal.
- Plan visits during suitable times to reduce complications.
- Record every notice and correspondence about the entrance.
2. Increase Rent Without Proper Notice
The next thing that a landlord cannot do is to change the rent amount without informing the tenants. Rent changes have to follow local and state renting regulations as well as align with the terms of the lease agreement.
Many states mandate that before raising the rent, landlords give advance written notice—often 30 to 60 days. Tenants can object to arbitrary or unexpected rent increases without appropriate notice. Here are the best practices for that:
- Before indicating a rent raise, check local legislation and the lease agreement.
- Send clear, written notes outlining the revised rent schedule and the effective date.
- Examine the local rental market and defend the raise to keep a healthy landlord-tenant relationship.
3. Discriminate Against Potential Tenants
Landlords are prohibited under the Fair Housing Act from discriminating against potential tenants based on race, color, national origin, religion, sex, family status, or handicap. Maintaining an objective tenant-choosing procedure is both a moral and a legal requirement.
Best Practices:
- Develop a standardized application process with consistent criteria for all applicants.
- Document reasons for application approvals or denials to provide transparency.
- Stay informed about Fair Housing Laws and participate in regular training.
4. Retaliate Against Tenants for Exercising Their Rights
Tenants have legal rights to exercise, which they are entitled to, without thinking about consequences. Retaliation against residents who file complaints or join tenant unions might take the form of rent hikes, unlawful evictions, or service cuts.
This is the next answer to the question, “What a landlord cannot do?” since such conduct is illegal and can result in legal action against the landlord.
Best Practices:
- Address tenant complaints promptly and professionally.
- Maintain open and respectful communication channels with tenants.
- Document all interactions and actions taken in response to tenant concerns.
5. Enter a Tenant's Home for Non-Essential Reasons
Unless it's an emergency or for maintenance, owners shouldn't go into a tenant's residence without a good reason and enough notice. Unwanted or repeated visits can be seen as pestering and breaking the privacy rights of renters.
For non-emergency purposes, for example, landlords in Wisconsin must give at least 12 hours' written notice before allowing access to a rental unit.
Best Practices:
- Limit entries to essential purposes such as repairs, inspections, or showings.
- Always provide proper notice as required by local renting regulations..
- Document all entries, including dates, times, and reasons, to maintain transparency.
6. Change the Locks Without the Tenant's Permission
Changing locks without informing the tenant or providing new keys is considered an illegal eviction tactic. Tenants have the right to access their rented property without obstruction. In most jurisdictions, landlords cannot change locks without providing prior notice to tenants.
Best Practices:
- Only change locks when legally permitted, such as after a tenant has moved out or abandoned the property.
- Provide tenants with new keys immediately after changing locks.
- Include lock change policies in the lease agreement to set clear expectations.
7. Ignore Repair and Maintenance Requests
There are a lot of things that a landlord cannot do, and here is the next. Landlords have an obligation to keep the premises livable. Ignoring required repairs runs against health and safety regulations and can result in legal action.
If owners don't fix upkeep issues quickly, tenants may be able to refuse to pay rent or do work themselves and have the money taken out of their rent.
Best Practices:
- Provide a mechanism wherein renters may request maintenance.
- Respond fast to maintenance requests and let renters know of developments.
- Visit the property often to find and fix possible problems shortly.
8. Evict a Tenant Without a Valid Reason
Evicting renters or tenants without a reasonable reason is another thing what a landlord cannot do. Evictions must follow the law and be based on good reasons, like not paying rent or breaking the terms of the lease.
Self-help evictions are not allowed, even if it means destroying renters' things or cutting off their utilities. In many states, owners must get court orders and give tenants notice before they can kick them out.
Best practices:
- Learn about the local eviction laws and practices.
- Make sure renters have suitable notice and documents when starting an eviction.
- Steer clear of illegal retaliatory evictions, which might have legal consequences.
9. Unjustly Withholding a Tenant’s Security Deposit
The way security deposits are treated must follow the rules of the state. It is illegal to withhold money without giving a detailed list of the damage and how much it will cost to fix.
In New Jersey, for example, owners have to return the security deposit within 30 days of the end of the lease, along with a list of all the money that was taken out.
Best practices:
- Conduct a move-in and move-out inspection with the tenant to document the property's condition.
- Provide an itemized list of any deductions along with receipts or estimates.
- Return any remaining deposit within the timeframe specified by state law.
10. Restrict a Tenant's Legal Use of the Property
The final noticeable thing about what a landlord cannot do in this article is “restricting tenants' legal use of the property”. Tenants have the right to utilize the property as stated in their lease agreement.
This fact means any tenants can classify unreasonable renting restrictions or interference as either constructive eviction or harassment. Landlords cannot, for example, forbid renters from hosting visitors or demand adherence to arbitrary policies not specified in the lease.
Best practices:
- Clearly state any renting restrictions.
- Make sure any regulations or guidelines follow local legislation and make sense.
- Honor renters' rights to quiet enjoyment of the property and privacy.
Conclusion
It is important for landlords to know and follow the rules if they want to keep a good relationship with their renters.
By avoiding the prohibited actions outlined above, related to what a landlord cannot do, and following best practices, landlords can prevent conflicts, ensure tenant satisfaction, and protect themselves from legal repercussions.
If you still have any concerns, feel free to visit our LeaseRunner blog and refer to our top-tier informative articles there.
FAQs
Q1. Can Landlords Come Unannounced?
No, they cannot. Except in case of an emergency, landlords usually have to give appropriate notice before visiting a tenant's residence. State-by-state variations exist in the necessary notice time, however, it usually runs 24 to 48 hours.
Q2. Can landlords enter your apartment?
Yes, they can. As mentioned above, landlords are usually obliged to give renters enough warning before entering a rental apartment.
Q3. When Should Landlords Give Keys?
New tenants often get keys at the start of their tenancy. Landlords are usually obligated to provide keys on the lease start date, allowing the tenant access to the property from that point forward. If a renter requests early access, both parties should negotiate conditions that may include prorated rent for the additional days.
Q4. What Is Illegal For Landlords To Do?
Landlords must follow renting regulations protecting tenant rights. Illegal activities include entering without notice (unless in emergencies), discrimination acts (based on race, color, religion, sex, family status, etc.), retribution for legal action, withholding critical services, changing locks without notice, and failing to make required repairs.
Tenants should record infractions and seek legal counsel once detecting any signals of the behavior above.
