{"id":141219,"date":"2022-01-05T12:02:00","date_gmt":"2022-01-05T19:02:00","guid":{"rendered":"https:\/\/www.biggerpockets.com\/blog\/?p=141219"},"modified":"2023-03-22T04:37:41","modified_gmt":"2023-03-22T10:37:41","slug":"11-things-a-landlord-cannot-do","status":"publish","type":"post","link":"https:\/\/www.biggerpockets.com\/blog\/11-things-a-landlord-cannot-do","title":{"rendered":"11 Things a Landlord Cannot Do Before or After Leasing Out a Property"},"content":{"rendered":"\n\n      <iframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https:\/\/playlist.megaphone.fm\/?e=BIGPOC9037591915\" width=\"100%\"><\/iframe>  \n\n\n\n\n<p class=\"p2\">As a landlord, you want to rent out your properties as soon as possible in nearly all cases. It&#8217;s important to remember, though, that as soon as a rental agreement is signed by a tenant, there will be a list of things that a landlord cannot do related to the property. <\/p>\n\n\n\n<p class=\"p2\">For example, tenants have a right to quiet enjoyment, which means that landlords can\u2019t interfere with a tenant\u2019s day-to-day activities. And, even if a tenant violates the lease terms, a landlord cannot carry out an illegal eviction by moving a tenant\u2019s personal belongings without permission. In fact, you can&#8217;t even change the locks.<\/p>\n\n\n\n<p class=\"p2\">If you are a landlord, it is crucial to follow state laws regarding a tenant\u2019s rights\u2014and the \u201cimplied warranty of quiet enjoyment.\u201d Unfortunately, from a landlord\u2019s perspective, it usually means the tenant has more rights to the property than the owner. Therefore, understanding what you can and cannot do is vital to running a successful rental business. That includes the 11 things listed below that you should never do if you are a landlord.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">11 things a landlord cannot do<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\"><b><strong>1. Discriminate against a tenant<\/strong><\/b><\/h3>\n\n\n\n<p class=\"p2\">Landlords cannot show any form of discrimination against a tenant\u2014even before signing the lease. What this means is that you can\u2019t refuse to rent to someone based on race, gender, national origin, religion, age, familial status, sexual orientation, or disability. After the lease agreement is signed, the same is true. You can\u2019t harass or terminate a lease based on discrimination.<\/p>\n\n\n\n<p class=\"p2\">The Fair Housing Act also makes it clear that a landlord cannot ask certain things during an interview with a prospective tenant. For example, you should never ask the following types of questions:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Do you plan on having children?<\/li>\n\n\n\n<li>Have you ever been arrested? (That said, you have the right to find out about convictions during the screening process.)<\/li>\n\n\n\n<li>Are you sure you will like living in the neighborhood? After all, there aren\u2019t many immigrants living here.<\/li>\n\n\n\n<li>Do you go to church around here?<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">2. Enter the property without notice<\/h3>\n\n\n\n<p class=\"p2\">Despite owning the property, landlords cannot simply enter a rental property anytime they want. Landlords usually have to give notice of at least 24 hours if they&#8217;re going to visit the property\u2014and the notice must often be in writing\u2014so as a landlord, you must follow these laws before vising a property. You must also state a valid reason for the visit and arrange the visit at a reasonable time.<\/p>\n\n\n\n<p class=\"p2\">In turn, the tenant must approve the visit. However, they cannot deny access to the property when the request is reasonable.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">3. Force a tenant to leave the property<\/h3>\n\n\n\n<p class=\"p2\">Dealing with delinquent tenants can be challenging, but as much as you would like to, you can\u2019t just force a tenant out of the property. To remove a tenant from the property, you must go through the proper channels. This includes serving a \u201ccure or quit\u201d notice to the tenant. If the tenant doesn\u2019t remedy the lease violation, you can start eviction proceedings.<\/p>\n\n\n\n<p class=\"p2\">However, you can\u2019t create an environment that would force a tenant out. For example, you can\u2019t start intimidating or threatening a tenant to pay rent if they have missed a payment. You must follow local laws on how to get a tenant to pay late rent instead. Several actions you may take would constitute an illegal, self-help eviction, so be sure to know what the local laws are regarding evictions.<\/p>\n\n\n\n<p class=\"p4\"><span class=\"s2\"><b><i>Related:<\/i><\/b> <a href=\"https:\/\/www.biggerpockets.com\/blog\/eviction-cons\" target=\"_blank\"><span class=\"s3\">Is eviction always the best choice<\/span><\/a>?<\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\">4. Change the locks<\/h3>\n\n\n\n<p class=\"p2\">Unless you have a court order, you cannot just change the locks to prevent a tenant from entering the property. If you do this, you could be guilty of trespassing in some cases, despite being the property owner.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">5. Move a tenant&#8217;s personal belongings without permission<\/h3>\n\n\n\n<p class=\"p2\">You may have reasonable cause to evict a tenant, but you can\u2019t go through or remove a tenant&#8217;s personal possessions from your property without legal grounds. What this means is that you can\u2019t just dump their belongings on the street unless you have an eviction order\u2014and in some cases, you may not be able to do that even after getting an eviction order.<\/p>\n\n\n\n<p class=\"p2\">Let&#8217;s suppose a tenant moves from the rental unit without notice and leaves behind personal items. In that case, you must follow state laws on how to deal with their personal belongings. As such, you may need to contact the former tenant or wait for a specific period of time to pass before trashing their stuff.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">6. Switch off utilities<\/h3>\n\n\n\n<p class=\"p2\">Landlords also can&#8217;t just switch off utilities without notice. Doing so may seem like a great idea if you want to force them out of the unit\u2014but it&#8217;s not. A judge will likely rule this type of action as an unlawful eviction, and you could face penalties for doing so.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>7. Raise the rent arbitrarily\u2014or without following the law<\/strong><\/h3>\n\n\n\n<p class=\"p2\">You may be thinking about regularly increasing the rent to force the tenant out of the apartment, but landlords cannot just raise rent arbitrarily. The monthly rent amount is in the rental agreement and typically can\u2019t be changed before the lease runs out. <\/p>\n\n\n\n<p class=\"p2\">Plus, rent control laws in your area may restrict the amount in which you can raise the monthly rent. This usually also applies to rent renewals, too.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">8. Refuse to make necessary repairs<\/h3>\n\n\n\n<p class=\"p2\">Landlords have the responsibility to ensure \u201cwarranty of habitability.\u201d This means that tenants have the right to safe and sanitary living conditions. As such, you cannot refuse to make necessary repairs that could put a tenant\u2019s health or life in danger.<\/p>\n\n\n\n<p class=\"p2\">This includes refusing to do the following:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Fix broken plumbing, heating, or electrical systems<\/li>\n\n\n\n<li>Resolve issues with mold, asbestos, or lead-based paint<\/li>\n\n\n\n<li>Repair toilets or fail to provide proper sanitation<\/li>\n\n\n\n<li>Remedy any problem that would make the unit unfit for habitation<\/li>\n\n\n\n<li>Deal with any pest or rodent infestation<\/li>\n\n\n\n<li>Fail to ensure the rental unit meets current building codes<\/li>\n<\/ul>\n\n\n\n<p class=\"p4\"><span class=\"s2\"><b><i>Related:<\/i><\/b> <a href=\"https:\/\/www.biggerpockets.com\/blog\/rental-maintenance-strategy\" target=\"_blank\"><span class=\"s3\">How to develop a robust maintenance strategy<\/span><\/a>.<\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\">9. Use a tenant&#8217;s space<\/h3>\n\n\n\n<p class=\"p2\">Landlords cannot ask or force a tenant to allow them to use the space the tenant pays rent for. For example, if the garage is included in the monthly rental payment, you can\u2019t store tools or other equipment there. Additionally, you can\u2019t have a closet\u2014locked or otherwise\u2014in the rental unit where you keep personal items.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>10. Prohibit service animals<\/strong><\/h3>\n\n\n\n<p class=\"p2\">Let&#8217;s suppose you have a \u201cno pet\u201d clause in the rental agreement but a tenant requires a service animal. In that case, you cannot refuse to rent to or evict the tenant due to the service animal being on the property. <\/p>\n\n\n\n<p class=\"p2\">That&#8217;s because a tenant\u2019s right to their service animal is protected in the <a href=\"https:\/\/www.ada.gov\/\" target=\"_blank\" rel=\"noopener\"><span class=\"s3\">Americans with Disabilities Act<\/span><\/a>. In some cases, you can ask to see appropriate documentation\u2014but otherwise, you must afford tenants with service animals the same rights as other tenants, and you must allow their service animal to be on the property as part of their tenancy.<\/p>\n\n\n\n<p class=\"p4\"><span class=\"s2\"><b><i>Related:<\/i><\/b> <a href=\"https:\/\/www.biggerpockets.com\/blog\/process-esa-letters\" target=\"_blank\"><span class=\"s3\">How to spot genuine emotional support animal documents<\/span><\/a>.<\/span><\/p>\n\n\n\n<h3 class=\"wp-block-heading\">11. Refuse to return a security deposit over wear and tear<\/h3>\n\n\n\n<p class=\"p2\">While it may be tempting, landlords cannot use the security deposit to cover typical wear and tear to the property. Wear and tear is the expected deterioration of items caused by everyday use, and could include worn or faded carpets, dirty grout in the bathroom, scuff marks on floors, or minor scratches on furniture.<\/p>\n\n\n\n<p class=\"p2\">However, you can use the security deposit to pay for property damage that occurs outside of wear and tear as a result of the tenancy. Some reasons to refuse to return part or all of the security deposit may include:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Chipped or broken countertops<\/li>\n\n\n\n<li>Unauthorized renovations<\/li>\n\n\n\n<li>Holes in walls or doors<\/li>\n\n\n\n<li>Ripped curtains or upholstery<\/li>\n\n\n\n<li>Burns, stains, or pet stains on carpets<\/li>\n<\/ul>\n\n\n\n<div class=\"wp-block-media-text alignwide is-stacked-on-mobile\"><figure class=\"wp-block-media-text__media\"><a href=\"https:\/\/www.biggerpockets.com\/guides\/landlord-rental-property-management?itm_source=ibl&amp;itm_medium=blogad&amp;itm_campaign=llguide\" target=\"_blank\"><img loading=\"lazy\" decoding=\"async\" width=\"500\" height=\"500\" src=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2021\/03\/landlord-guide-ad.png\" alt=\"\" class=\"wp-image-137022 size-full\" title=\"\" srcset=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2021\/03\/landlord-guide-ad.png 500w, https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2021\/03\/landlord-guide-ad-300x300.png 300w, https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2021\/03\/landlord-guide-ad-150x150.png 150w, https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2021\/03\/landlord-guide-ad-200x200.png 200w\" sizes=\"auto, (max-width: 500px) 100vw, 500px\" \/><\/a><\/figure><div class=\"wp-block-media-text__content\">\n<p>Purchasing your first rental property is just the beginning of your real estate journey, because being a good landlord is almost as important as making good deals. BiggerPockets&#8217; free guide <a class=\"rank-math-link\" href=\"https:\/\/www.biggerpockets.com\/guides\/landlord-rental-property-management?itm_source=ibl&amp;itm_medium=blogad&amp;itm_campaign=llguide\" target=\"_blank\">How to Become a Landlord: Managing Rental Properties for Real Estate Investors<\/a> will teach you everything\u2014from setting rent to handling evictions.<\/p>\n<\/div><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Final thoughts<\/h2>\n\n\n\n<p class=\"p2\">Becoming a landlord is an excellent way to generate regular income from real estate investing. As a landlord, however, it\u2019s vital to remember what you can and cannot do\u2014and know what would violate a tenant\u2019s rights. This means avoiding specific actions that could break the implied \u201cwarrant of habitability\u201d or \u201ccovenant of quiet enjoyment.\u201d As long as you deal with tenants within the bounds of state laws, you will avoid potentially costly lawsuits.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>you are a landlord, it is crucial to follow state laws regarding a tenant\u2019s rights\u2014and the \u201cimplied warranty of quiet enjoyment.\u201d Unfortunately, from a landlord\u2019s perspective, it usually means the tenant has more rights to the property than the owner. Therefore, understanding what you can and cannot do is vital to running a successful rental business. That includes the 11 things listed below that you should never do if you are a landlord.<\/p>\n","protected":false},"author":612767,"featured_media":141318,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[7119,5183],"tags":[190,1418,58,59,569],"class_list":["post-141219","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-biggerpockets-daily","category-landlording","tag-landlord","tag-property-management","tag-real-estate","tag-real-estate-investing","tag-tenant"],"acf":[],"comment_count":0,"_links":{"self":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts\/141219","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/users\/612767"}],"replies":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/comments?post=141219"}],"version-history":[{"count":0,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts\/141219\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/media\/141318"}],"wp:attachment":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/media?parent=141219"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/categories?post=141219"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/tags?post=141219"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}