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.