PropertyManagementMaven: You Have The Right To Remain Quiet! DIY Landlords need to KNOW this!

You Have The Right To Remain Quiet! DIY Landlords need to KNOW this!

This is a great post and new or DIY landlords often forget that it may be their property and they have provided it to their residents with a "bundle of rights"!

No matter good tenant, not so good tenant, if you are new to being a landlord or been around for a while – it’s important to know that tenants do have some basic rights that need to be provided.

Here are the basic tenant rights:

  • Quiet enjoyment covenant is the right to the undisturbed use and enjoyment of real property by a tenant (or landowner.)  This covers privacy and safe living – but it also includes peace and quiet. Although you can’t pick your neighbors – if you have neighbors that are loud (in apartment complexes only) you can talk to your landlord and find a remedy.
  • Safe living space.  And this means if something is not functioning like a toilet, stove, heating/cooling – the landlord needs to take corrective measures.  This does not mean your landlord has to provide security systems or elaborate locking gates - it means windows and doors shall have locks and you are provided the keys.
  • Privacy.  Even though the landlord owns the home – they can’t just come and go at will. You do have a certain degree of privacy.  If repairs need to be made – notice has to be given and if you aren’t there – the home must be secured and locked when the landlord leaves.
  • Reviewing the lease BEFORE you sign it. Never sign anything without reading it even if someone says “it’s a standard lease”.  I always send tenants the lease ahead of time – and give them ample opportunity to read it, ask questions and if they are still concerned –they have time to have an attorney review it.

Along with rights come responsibilities. You have rights because you are fulfilling your renters responsibilities: paying rent on time, preventing damage to the home and if something needs repair - you let the landlord know sooner than later.  So make sure to hold up your end of the bargain if you want to retain your right to quiet!

Buying or selling Tucson real estate, Mt Lemmon, Tucson bank-owned homes, Tucson rental homes, or Tucson lease option homes? Visit www.KGCPropertiesLLC.com!

                                     

This blog is written with my opinions and my opinions are presented with accuracy but not guarantees. Please talk to a professional before making any real estate, financial or agency decisions.    Gabrielle Kamahele Rhind - 2011. If you want to reprint parts of this - just email me for my permission: TucsonsRealEstate@gmail.com.

 Wallace S. Gibson, CPM * GIBSON MANAGEMENT GROUP, Ltd.

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3 commentsWallace S. Gibson, CPM • May 15 2012 07:04AM

Comments

Some tenants think they have the right to break every door knob, tear up every vinyl floor, stain every carpet with variations of red liquid, break every hinge of every door of every cabinet and rip every screen. Closet rods, shelving, appliances, stairway handrails and outlet covers are also seem to be good and easy targets for destruction.

Some tenants don't think it's their right to do all of the above, rather they are convinced it is their obligation to do so.

Posted by Dave Halpern, Louisville Short Sale Expert (Keller Williams Realty Louisville East (502) 664-7827) about 2 years ago

Wallace  She did a fine job of explaining that they have responsibilities as well as rights

Posted by Karen Kruschka, - "My Experience Isn't Expensive - It's PRICELESS" (RE/MAX Real Estate Connections) about 2 years ago

Wallace, this is a great re-blog and so true...some landlords forget the basics.  I am fortunate that I have not run into any that have been otherwise...their compassion for the foreclosed or short sale owners now renters is appropriate.

Posted by Ginny Gorman, Homes for Sale in North Kingstown RI and beyond (Phillips Post Road Realty ~ 401-529-7849~ RI Waterfront Real Estate) about 2 years ago

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