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Monday, July 27, 2009

Landlord's Rights

A lot has been written and read about rights and responsibilities of both the landlords as well as the tenants. The landlord has on his part a few rights that he can exercise to make sure that the tenant does not willingly or otherwise, do anything that is against the agreement as signed by both parties. It is natural that both parties involved have their own rights and responsibilities. The tenant on his part, pays a rent, hence he has certain rights. The landlord also has certain rights as he is the legal owner of the premises. Even though the finer points can differ from one state to another, there are a few common rights for the landlord that every state makes sure is implemented.

Certain rights of the landlord are:

Right to timely rent: This is the landlord's source of income as far as the property is concerned. Hence he has the right to make sure that the tenant pays the rent on time, as specified in the agreement.

Right to compliance with agreement: The tenant has to comply with all conditions; as laid down in the tenancy agreement. These may include points concerned with rent payments, structural changes to the house, sub letting conditions or even conditions that may control the number of people staying in the house. The owner is within his rights to take any appropriate action, if the tenant flouts any conditions laid down in the agreement.

Rent Increase: The landlord can increase the rent ass per his will, provided he gives sufficient notice to the tenant about such an increase. This notice should be hand delivered and the tenant should acknowledge receipt of the same.

Late payment penalty: The landlord also has rights to claim penalty if the rent has been paid later than the date as specified. In such cases, concerned clauses should be available in the agreement which make it easier fort the landlord to claim compensation.

Eviction and such legal action: In case the tenant abandons or over stays his tenancy period, the landlord is well within his rights to take legal action to evict the tenant from the property. In such cases also, the agreement has to contain clauses that shall specify such situations and actions top be taken under these circumstances.

Utility Payments: It is the right of the landlord to insist that the tenant pay for electricity and water charges as used by the tenant himself. Such clauses also should be duly inserted into the agreements.

Right to enter the apartment: Since the landlord is the legal owner of the premises, he has all the rights to enter the apartment, at permissible times and after giving sufficient notice to the tenant. This entry could be to show the apartment to prospective buyers or tenants, to do any repairs, to conduct a check on the physical structure or even in case of abandonment or eviction requirements.

These rights more or less protect the landlord from the tenant misusing the premises or having to incur losses due to any other reasons.

Ravisankar_Poduval

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