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5 FAQs About Landlord Rights, Answered

September 22, 2023

Landlords have property rights that go beyond what lease agreements typically discuss. A significant percentage of households are located in rentals. According to iPropertyManagement, 31.72% of U.S. households reside in rented properties. Here are five frequently asked questions and answers that can help you to know when you might need the help of a landlord rights lawyer.


1. Can a Security Deposit Pay For Painting or Carpeting?

Painting and carpeting are considered wear and tear items. You can’t deduct security deposit amounts to replace carpeting or paint the apartment. It would take a specific incident to make a tenant liable for wear and tear items.


2. Can a Tenant Make Repairs?

A tenant can make modest repairs to a unit, such as changing a light bulb, painting a wall, or replacing an HVAC filter. A tenant also might replace a toilet flapper or similar items. More involved maintenance and repairs, though, should be done by the landlord.


3. Is Advance Notice Required to Enter a Rental Unit?

Unless there is an emergency, most states or local jurisdictions require at least 24 hours' notice before you legally can enter a leased space. If you have staff who come and go as they please, even an experienced landlord rights lawyer won’t be able to help you. You must give tenants at least 24 hours' notice, and sometimes longer depending on the state or local laws, before you can legally enter a property that you have leased to someone else.


4. What Are Essential Services?

Essential services are those that are required to make a leased property habitable. They include electricity, hot water, and working heaters and AC systems in many places. If you're going to shut off an essential service for any reason, such as maintenance or repairs, you must notify every tenant in writing at least 24 hours in advance – unless you are undertaking emergency repairs.


5. Is a Tenant Liable for the Full Rental Amount When Breaking a Lease?

When a tenant breaks a lease agreement, you are obligated to try to rent out the unit as quickly as possible. The prior tenant only would owe any rent that you otherwise would have collected. Once the unit is leased to another tenant, the prior tenant does not owe for the rest of the lease term.


You can learn more and schedule a consultation with an experienced landlord rights lawyer by calling Caroline J. Smith & Associates. With over 100 years of combined experience, our attorneys are prepared to assist you. To hear more about our same-day consultations, reach out today.

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