Things Private Landlords Must Know About The Landlord Tenancy Act

Things Private Landlords Must Know About The Landlord Tenancy Act

In a case where the landlord increases the rent but doesn't use a section 13 notice, and the tenant will continue to pay at the old rental rate, the landlord would be unable to obtain a court order requiring payment of the difference between the rent paid and the new rent, and they would be unable to obtain a court order for eviction on the basis of rent arrears.

Landlord/tenant cases can be uncomfortable because there is often tension and hostility until the case is resolved. It is best for landlord and tenant to agree to be civil while undergoing the process for a conflict, so that things remain professional. No issue over an apartment is worth anyone getting hurt or threatened.ed.


Slepkow, Slepkow, & Associates has prepared the materials contained on this website for information purposes only. This information concerns Rhode Island law only and should not be construed as legal advice. No one should rely on any of the information or advice contained on this website without obtaining legal counsel. Slepkow, Slepkow, & Associates is not responsible for any material contained on those sites to which we have linked. The Rhode Island Supreme Court and the Massachusetts Supreme Judicial Court license their respective lawyers in the general practice of law. These courts do not license or certify any lawyer as an expert or specialist in any field of practice.

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice.

In addition to the eviction documents, i.e., notices, summons, complaint, a Judge may require the Landlord/Owner to show proof of ownership. The easiest way to prove ownership is with a copy of the deed for the property. The attorney handling your case may request a copy of the document. Other documents that are helpful, but not necessary, are correspondence between the Landlord and Tenant, evidence of rent payments, any Notices previously mailed to the Tenant, the Lease, and the Rental Application

Under section 36 of the Equality Act 2010 a landlord has a duty to make reasonable adjustments to accommodate disabled tenants where an obstacle places them at a substantial disadvantage. This may include installing ramp access or other alterations to a property. The landlord would not usually be responsible for making extensive disabled access modifications to the property, but he may have to alter the terms of the tenancy agreement to allow the tenant to make these modifications.

Where a tenant gives up the occupation of the property to the landlord, and the landlord accepts this the tenant is held to have surrendered his tenancy. This can be evidenced by actions which demonstrate a clear intent to surrender, such as the tenant handing his keys over to the landlord or removing his possessions from the property.

Where the tenancy is on a weekly, fortnightly or monthly, then one month's notice of the increase is required. In the case of an annual tenancy, the landlord will need to give at least six month's notice of the variation.

The type of discrimination which is most likely to be relevant to landlords is disability discrimination. This is an area in which it is very easy for people who are not well informed to discriminate inadvertently and accidentally by not considering the needs and requirements of disabled people.

In order to keep this article applicable to all readers, I will focus this discussion on law common to most states. Please keep in mind that some states have laws that add an extra layer of rights for the tenant. Also keep in mind that I am focusing the discussion on residential tenant law; there are several sources on the internet discussing commercial tenant law.

The landlord can inspect the property after giving notice to the tenant. The landlord must respect tenant privacy. In case the tenant reports any need for repairs, the landlord must look into tenants concerns immediately. If the tenant fails to pay the rent amount repeatedly, the landlord has the right to evict tenant from the property. The landlord also has the right to evict tenant if the tenant is involved in anti-social activities.

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