Landlord Rights Tips

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Keeping It Habitable

In many California cities, such as San Diego homes for rent the landlord is responsible for maintaining the rental property in a habitable condition. The landlord is responsible for all repairs and items in the rental that result on making the rental livable, healthy and a safe environment. This includes repairs to vital services such as heat and gas, as well as problems with mold. It is a good idea to have an inspector do a walk though the rental before putting it up for rent to ensure the rental is a safe place to live.

   

Payment Of Monthly Rent

Some landlords chose to add a term into the lease agreement stating that if not rent is received more then 5 days after date due they are owed an additional % (usually 3%-5%) as a late payment penalty for their houses for rent. Landlords should have it clearly outlined in the lease agreement when rent is due and what happens if it is not paid by a certain date.

   
When can I terminate an exisiting tenant's rental agreement?

Terminating Rental Agreement

The landlord has the right to enforce specific terms outlined in the rental agreement. If the agreement is broken in any way, the landlord has the right to terminate the tenancy on the grounds of failure to comply with lease agreement. Before you sign the housing rental lease, make sure read the terms carefully and pay special attention to the lease requirements in the rental agreement.

   
When can a landlord enter my rental?

When A Landlord Can Enter Rental

Landlords have the right to access the rental home or unit under the following circumstances:

  • In an emergency
  • To make necessary or agreed upon repairs, decorations, alterations, or improvements, supply necessary services, or show the unit to prospective buyers, tenants, or workers
  • When a tenant has abandoned or given up the premises, as a result of a Court Order.
It is a good idea to discuss this with the landlord or owner when signing the lease. With the use of cell phones it is easier for landlords to notify tenants of entry into the rental, unless in the case of an emergency. Discuss your contact information and the best way to reach each other when signing the lease. Some rights vary state by state, check with the state your rental is in for specific information.

   
Should I get a receipt for my rent?

Receipts For Rent Related Payments

It's a good idea for tenants to keep track of their rental payments over time. A landlord should provide the housing rental tenant, free of charge, a receipt for the payment of any rent, rent deposit, or any other amount paid to the landlord. Landlords will also keep copies of receipts with the managment company or with the bank where the escrow account is held.

   
Can my landlord make me pay for my own utilities?

Paying For Utilities

The landlord has the right to make tenants pay for their own utilities (electricity and gas), and this should be stated in the tenancy agreement. The total amount of rent due per month should be stated in the lease or rental agreements as well as any additional services the landlord is providing the tenant. If the landlord chooses to make the tenant pay for their utilities this should also be clearly written into the lease agreement.

   
When should my rent be due?

Payment Of Monthly Rent

The landlord should be paid rent for the housing unit on the first day of each month, unless otherwise agreed upon and written in the rental agreement. If the tenant doesn't pay on time, a landlord may begin the eviction process. The trust name or payee and address of the monthly rent payment will be located in the lease.

   
What are the rules about increasing rent?

Rent Increases

The landlord has the right to increase the rent, but must follow certain guidelines in doing so. For a tenancy at will or month by month, you must end the tenancy and notify the tenant at least one full rental period in advance, or under terms of the housing agreement. For a tenant under a lease, landlords' may only increase the rent after the lease expires, unless the lease states otherwise. Carefully read the lease agreement and it is a good idea to discuss rent increases before signing the lease.

   
What do I do if I no longer want to rent my rental to a tenant?

Ending Rental Of Property

In some cases, the tenant and landlord are simply at odds. Whether it's destruction of property or late rent payments, the housing rental landlord has the right to decide to stop renting the property and ask the tenant to leave after the lease or rental agreement is expired. The landlord must follow the appropriate notice period noted in the lease for the tenant to vacant the rental. It is a good idea to discuss rental agreement options about 2 or 3 months before the lease expires, so that both parties will have an idea of what to expect when the lease expires.

   
Should I have my rental inspected by a professional?

Keeping It Habitable

Since rental units face yearly turnover, it's the landlord's responsiblity to maintain the rental property and its condition. A landlord should always be accessible to their tenant and must maintain the following:

  • Keep the rental property up to all local safety and health codes
  • Maintain the roof, walls and structural components of the rental
  • Keep common areas reasonably clean and safe to tenants and visitors
  • Provide a reasonable program and methods for control of pests
  • Provide necessary facilities to supply heat, electricity, and hot and cold water
  • Provide reasonable and adequate locks for the rental
  • Maintain appliances furnished with the rental unit

   
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