What are Landlord Rights?
The good news is eighty to one hundred percent of landlords prevail in court with eviction lawsuits – Provided they do everything exactly right!
The honest answer is - it can feel like landlords don’t really have any rights.
The reason is:
- No rent can be collected so you are losing money daily
- The utilities must remain on when they are in the landlords name
- Why does the eviction process take so long?
- The system seems to favor the unwanted tenants!
- Why can’t I just call the sheriff and get them out?
It’s important to remember that landlord rights include the fundamental right to collect rent from tenants.
Landlords have the right to enter the property for a number of reasons including to make inspections, repairs, alterations and clean - provided adequate notice is given.
As the property owner, landlords have the right to evict tenants that fail to pay rent or comply with their rental or lease agreement.
In an Eviction / Unlawful Detainer case, the landlord holds the upper hand because it is the tenant who has to prove otherwise. They are basically contesting and trying to disprove the facts put forth in the owner’s complaint. It is the tenant’s responsibility to disprove the case.
The good news is - so long as everything is handled properly - the landlord has the upper hand which is why landlords prevail in eighty to one hundred percent of eviction cases. It must never be forgotten that the landlord owns and pays for the building, and most courts recognize the landlord’s investment and seek to protect it.
It is essential everything on the owner’s side must be done very precisely, ideally by a competent Eviction Attorney who knows the law and your landlord rights to be certain your case goes forward as fast as possible.
Fact is, any omissions or errors tenants make in their defense usually don’t work against them - unless they admit to something in court. However, any mistakes landlords make in how the notices are filed, the filing of the correct notice or any of the other most common mistakes landlords make during the eviction process can and will be used against you.
Landlord Rights Vs Landlord Obligations & Duties
Every landlord has to observe a dedicated, pre-determined set of rights and obligations towards their tenants. It is a misconception that landlords only have obligations to follow because there are numerous rights exercised by landlords that tenants have to be aware of prior to signing the agreement. Read More...
Top 10 California Landlord Legal Responsibilities
Landlord-tenant disputes do not always have to end up with grueling lawsuits or court battles. The California Rental Laws explicitly dictate what rights your tenant is entitled to and how the common disputes can be avoided. These disputes regarding upholding the terms of rental or lease agreements are almost always costlier for the landlord than the tenant. Read More...
Your Responsibilities As A Property Owner
Owning a property is an attractive investment opportunity but it is just the beginning of your responsibilities. Every owner should be aware of and take their responsibilities as a property owner seriously. Here is a brief glimpse into the responsibilities of a property owner, which every owner should fulfill. Read More...
- How to Evict a Tenant – Fast!
- Define Eviction, Unlawful Detainer
- What are the Reasons for Eviction?
- What is the California Eviction Process?
- What is an Eviction Notice & How Many Days Notice?
- How to Serve & File an Eviction Notice
- How Long Does it Take to Evict a Tenant?
- How Much Does it Cost to Evict Someone?