LANDLORD RIGHTS

Recent court decisions have narrowed the rights of landlords to take certain actions against their tenants. No longer may a landlord seize and sell a tenant's property for unpaid rent. Similarly, self help eviction measures, such as shutting off utilities or locking the tenant out, have been ruled improper in residential leases. Note, however, that a tenant’s wages can be attached for unsatisfied judgments. The remaining rights of landlords are governed by the Landlord and Tenant Act of 1951.

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Landlords retain two important rights which may be exercised at the outset of the lease. First, landlords may require tenants to deposit an amount not to exceed two (2) months rent as security for damage to the property or default in rent. During the second and subsequent years of the lease, the landlord may only hold one (1) months rent as a security deposit. These limitations apply only to residential leases. Secondly, a tenant may waive his or her right to receive a written notice to quit, otherwise known as an eviction notice, which the Act requires as a prerequisite to commencing an eviction action. This waiver may be included in the written lease agreement at the time it is signed. Then, if the tenant ever defaults, the eviction action can be commenced immediately.

With a few exceptions, the residential landlord and tenant may include any mutually agreeable provisions in the lease agreement. The landlord may exercise this right to include reasonable late charges, rights to inspect the premises, limitations on the use of the premises, prohibition on the right to sub-lease or assign and perhaps a right to terminate the lease after minimal notice or in case of a sale of the building.

Immediately upon any default by the tenant, the landlord must proceed to give the appropriate written notice (if it has not been waived) so that an eviction action can be commenced. The appropriate notice for terminating the lease at the end of the term or for a lease violation depends on the length of the lease. If the lease is for a period of one year or less, or for an indeterminate time, fifteen (15) days notice must be given. If the lease is for a period of more than a year, thirty (30) days notice must be provided to the tenant. A month to month lease can be terminated by the landlord by giving the tenant a 30-day notice. A Notice to Quit given due to the failure of the tenant to pay rent must give the tenant ten (10) days to vacate or to pay the rent that is due. Remember, the notice must be served personally or posted on the premises. Certified mail is not sufficient. Upon the expiration of the notice period, an eviction action should be started with a Magisterial District Judge. Delay in exercising these rights will only prolong the time period before the tenant can be evicted.

If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.

Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411.