Landlords have the right to receive rent on time, screen tenants, protect property, and evict problem tenants. Tenants have the right to quiet enjoyment and protection from discrimination. Eviction is a legal process that protects tenants from homelessness.
Real estate law, along with tenant and landlord rights, varies widely by jurisdiction. In general, however, landlord rights typically include the right to have rent paid in a timely manner, the right to screen tenants, the right to protect property, and the right to remove or evict problem tenants through process of eviction. In the United States, owner rights are established by federal, state, and local laws.
Landlords generally have the right to select tenants and are not required to rent out their properties to anyone who offers to pay the rent. Landlords in the United States are generally free to decline a tenant’s application based on their financial situation, credit history, or criminal record. Landlords may, for example, request a tenant credit report and deny the tenant’s application due to a low credit score, even if the tenant makes enough money to cover the rent. Many countries, however, including the United States, have strict anti-discrimination laws that prohibit landlords from refusing to rent to people based on gender, age, disability, race, or similar characteristics.
Tenants in the US and UK, as well as other countries, enjoy the right to “quiet enjoyment” of their rental homes. This means they have the right to stay in their homes without landlord interference, and a landlord may need to give a tenant advance notice of his or her intent to move into a rental unit. Landlord rights, however, generally include the right to take steps to protect rental homes. This includes the right to carry out regular inspections of the property as well as to enter the property to carry out repairs. Many areas also allow landlords to enter the property unannounced in emergencies, such as in cases where the landlord suspects flooding or broken pipes.
When tenants violate the terms of an oral or written lease, landlords typically have the right to evict the tenant. In many countries, including the United States, eviction is a formal legal procedure, designed to protect the rights of tenants from homelessness. Landlords typically have to complete a lengthy process of informing tenants of their plans to remove tenants, file court papers, go to court, and then wait for the eviction to be completed by the sheriff. In many cases, eviction is a fairly quick process, provided the landlord has grounds for an eviction and can prove them in court. However, astute tenants well versed in tenant-landlord rights can sometimes extend the process.
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