Many landlords, prior to move in, will provide their tenants with a list of rules for their rental property. Some of these rules pertain to the use of the amenities in or around the premises, such as appliances or community use areas. In general rules are enforceable only if:
- their purpose is to promote the convenience, safety, or welfare of the tenant; preserve landlord’s property from abusive use; or make a fair distribution of services and facilities held out for the tenants generally;
- they are reasonably related to the purpose for which they are adopted;
- they apply to all tenants in the property in a fair manner;
- they are sufficiently explicit in their prohibition, direction, or limitation of tenant’s conduct to fairly inform tenant of what must be done to comply;
- they are not for the purpose of evading the obligations of landlord; and
- tenant has notice of them at the time tenant enters into the rental agreement or when they are adopted.
If a landlord wishes to adopt a new rule or regulation after the rental agreement is signed then reasonable notice of this new rule or regulation must be given to the tenant. Of course, any new rule or regulation adopted must not substantially modify the agreement.
Disclaimer: The information provided in this post is intended for general informational and educational purposes only. It should not be construed as legal, accounting, or tax advice. For guidance specific to your situation, we recommend consulting with a qualified professional in the relevant field before taking any action based on the content provided.
