As a landlord, it is essential to be aware of the laws that govern your state and municipality. Ignorance of the law is not an excuse, so you must know what you can and cannot do when renting out property. This article will discuss some of the most important legal considerations landlords should be aware of.
The Servicemembers Civil Relief Act
One of the most critical pieces of legislation landlords should be aware of is the Servicemembers Civil Relief Act (SCRA). The SCRA was enacted in 2003 to protect active-duty servicemembers from civil proceedings such as evictions, debt collection, and foreclosure. Under the act, a landlord cannot evict a servicemember from their home during or after their active-duty service unless the servicemember has violated the lease agreement.
The SCRA also prohibits landlords from collecting rent from service members during their active-duty service. Interest on any debt incurred by a servicemember before entering active duty is capped at six percent.
Landlords should be sure to check the active-duty status of their tenants, as violations of the SCRA can result in civil penalties. For additional details on the act, visit the Department of Justice website.
The Fair Housing Act
As a landowner, it is crucial to be aware of the Fair Housing Act and what it entails. This act prohibits landlords from discriminating against potential tenants based on specific characteristics. These protected classes include race, color, national origin, religion, sex, familial status, and disability.
If you are found to violate the Fair Housing Act, you could face severe penalties, including fines and even imprisonment. Therefore, it is important to familiarize yourself with the act and ensure that your leasing practices comply. To find out more, consult an attorney familiar with landlord-tenant law.
The State’s Landlord-Tenant Laws
Another important consideration for landlords is understanding the applicable state landlord-tenant laws. These laws may dictate eviction procedures, security deposit regulations, and rent control laws.
Landlords who are not familiar with these laws may find themselves in legal trouble. For example, some states have definite rules about when and how a landlord can evict a tenant. If a landlord tries to evict a tenant without following the proper procedures, they may be sued by the tenant.
Similarly, landlords must comply with state security deposit regulations, or they may face penalties. And finally, some states have rent control laws limiting how much landlords can raise rents from one year to the next. Landlords who violate these laws may be subject to fines or even imprisonment.
While it is impossible to cover all the landlord-tenant laws in every state, landlords need to familiarize themselves with the basics. By doing so, they can avoid costly legal mistakes. The bottom line is that landlords should consult with an attorney whenever they have a legal question or concern. An attorney can help landlords stay up-to-date on the latest landlord-tenant laws and ensure that they comply with all applicable laws.
