Wednesday, August 26, 2009

What Are Your Rights as a Property Owner?

In the movie "Pacific Heights," a landlord has to deal with a tenant who is not paying rent, has changed the locks to the apartment, and has no intent on moving out. The rights of the landlord should cross this threshold as to being able to evict the unruly tenant. Because the landlord owns the property, he/she should have undeniable grounds to evict a tenant not paying their rent and has made modifications to their property without consent. The movie is very loose on actual law and there was not much interpretation of the law, other than saying that because the tenant is now living there (even without a lease or rent) the tenant has a right to stay there unless a certain amount of evidence has deemed them able to be evicted or is dangerous.

Some rights that the landlord is entitled to are:
The Right to Prompt Payment- You have the right to receive the rent on the first of each month unless the parties otherwise agree.

The Right to Have Compliance With Tenancy Agreement - You have the right to have the tenant abide by the terms of the tenancy, whether it is oral or written. If the tenant breaches terms of the tenancy, for example by having unauthorized sub-tenants, pets, smokers, or other prohibited uses such as raising pigeons in the apartment, you have the right to terminate the tenancy and to move to evict.

With these said, it would seem that the landlord has rights to evict his tenants if they don’t issue rent and/or have breached terms of tenancy. But the tenant in the movie has not agreed or signed any contract, so because he hasn’t done these things, he may be exempt from the contract and is living there on a purely word of mouth basis, in which the landlord has given the tenant the key to the apartment and agreed to live there. But the details are sketchy.

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