A landlord is a property owner who rents the property to another party in exchange for rent payments.
Most leases contain the details of landlord-tenant agreements, including the times when a landlord owes a duty to the tenant. It details the length of the landlord-tenant arrangement, the property usage, the kind of habitation, and any property restrictions, like those regarding smoking or animals.
Even without a lease or in the absence of one, landlords still have obligations and rights over their tenants.
A landlord can:
- Collect rent on time.
- Make sure the house complies with all relevant housing regulations.
- Identifying and selecting the tenants that will live on the property
- Obtain the security deposit.
- When there is a threat to the property, enter the unit.
- Enter the unit to perform scheduled or required repairs
- Evict tenants who fail to pay rent, damage the property significantly, violate the law, or fail to abide by the regulations.
In order to enter the unit to conduct repairs or if the tenant loses their key, many landlords keep master keys to the apartments they manage. When renting an apartment, the tenant agrees to give up some rights in that the landlord is permitted to enter the unit under specific circumstances, such as after providing appropriate notice.
Additionally, a standard contract prohibits the tenant from altering the locks on their own.
Nevertheless, the landlord owes the tenant a duty to keep the keys safe by keeping the apartment keys. The landlord may be responsible for any damages sustained if the premises are illegally entered using the landlord’s key.
What If the Landlord’s Key Is Stolen?
The failure of the landlord to protect the keys as a prudent landlord would is likely to constitute negligence. This requires the landlord to change the locks after a tenant vacates because the previous renters may have kept copies of their keys and to keep the keys safe and locked up where they are less likely to be stolen. The renter could hold the landlord accountable if a key is carelessly left outside and later taken.
A reasonable landlord may also be obligated to take the following actions:
- Keeping the keys in a key box that is locked;
- Coding the keys to prevent unit numbers from being written on them;
- Keeping the key box and code sheet separate;
- Keeping track of who borrows a key;
- Locking the space housing the key box;
All alarms should be set in the office where the key box is stored.
What Are a Tenant’s Privacy Rights with Regard to Their Landlord?
The renter has the right to privacy even when the landlord, who is the property’s owner, is involved. Under the landlord-tenant relationship, the landlord is not allowed to enter or enter the tenant’s premises without the tenant’s permission or notice unless there is an emergency and entrance is necessary to protect the tenant or the property.
Additionally, the landlord must give the tenant sufficient notice before entering the rental unit to make repairs or show it to a potential tenant. Each state has a different requirement for how long landlords must give notice.
What If a Landlord Has Violated Their Duties?
In their interactions, there may appear to be an unbalanced balance of power between a landlord and a tenant. Despite the fact that a rental agreement is designed to safeguard both the interests of the tenant and the landlord, most tenants are either uninformed of the specific rights that their lease safeguards or are too terrified of being evicted to take any action against a landlord. If your landlord has broken the terms of your lease, you should be aware of your rights as a tenant.
It’s crucial to confirm if your landlord is breaking the terms of your rental agreement. So, take a hard look at your copy of the rental agreement that you have out. Have a lawyer go over it with you instead.
Even though every rental agreement will differ in some ways, certain provisions are always included and safeguard both parties.
Here are a few typical landlord duties, along with instances of how they could be broken:
- Maintaining a habitable home – Landlords must give tenants a home that is at least livable. Your lease is broken if your landlord neglects to carry out specific repairs, hire an exterminator when necessary, or generally keep the property in habitable condition.
- Announcing inspections – Most landlords will regularly examine properties to ensure that the tenants are properly maintaining them. However, they must give at least 24 hours’ written notice of an inspection before going on the premises. A lease is broken if this isn’t done.
- Returning the security deposit – Even if you’ve already moved out for whatever reason, your landlord can still be in breach of the lease if they fail to return the security deposit. Only in cases where the tenant has seriously harmed the property or has broken the terms of the rental agreement can security deposits be kept. Your landlord must return your security deposit if they are unable to demonstrate that you performed one of these things.
These are just a few of the rental agreement infractions encountered most frequently.
Initial Steps
It could be tempting to file a lawsuit right away for breaching your lease if you and your landlord have a tense relationship. However, there are a few procedures you must follow before launching into a legal battle.
First, unless you are positive that you have the right to do so, do not leave the property or stop making rental payments. If you carry out either of these actions without adhering to the right protocol, you risk becoming the defendant in a case rather than the plaintiff.
Instead, the first required action is to inform your landlord in writing of the infraction. Give a thorough explanation of the kind and past of the violation, what needs to be done to make it right, and which clause in the contract supports your claim. Tell your landlord that you will file a lawsuit if the problem is not fixed. After getting your landlord’s signature, send the letter via certified mail because you’ll need a record of receipt if you need to take the matter to court.
Third-Party Mediation
If a written request does not resolve the problem, you might want to think about bringing in a neutral third party as a mediator. Work with someone who is impartial in the situation; for instance, your property manager has financial ties to your landlord and would be more likely to support them. Instead, enlist the aid of an impartial third party to facilitate communication and the resolution of your disagreements with your landlord.
Small Claims Court
It might be difficult to decide whether to sue your landlord in small claims court, especially if you want to keep the house. Most landlords would go to great lengths to evict you in order to prevent future legal action. However, pursuing a civil lawsuit can be a fantastic alternative for you if you’ve already moved out of the apartment, plan to do so, or even want to utilize legal action to dissolve your rental agreement.
Do I Need a Lawyer?
States may have different rules governing the landlord-tenant relationship and carelessness. An expert landlord-tenant lawyer can inform you of your legal rights and options if a landlord’s carelessness with your key results in a break-in. If necessary, a lawyer can also represent you in court.
