Landlord Rules and Regulations
A landlord has the right to set rules and regulations for his rental property.
The landlord’s rules and regulations, often referred to as the “house rules”, are in addition to the lease agreement terms and conditions. The house rules and regulations may be incorporated into the lease agreement or provided as a separate lease addendum. The signed lease and lease addendum legally bind the tenant to the landlord’s terms and conditions, rules and regulations during the period of the lease term.
House rules and regulations control the use of a rental property, its amenities, buildings, equipment, and common areas, for the benefit of the tenants’ safety, security, welfare, convenience, and enjoyment of the rental units; help protect the landlord’s property from damage and misuse; and ensure fair distribution of services and amenities to all tenants. Rules must be reasonably related to the purpose for which they were developed. House rules cannot be used for the purpose of the landlord evading his legal duties and obligations, nor can a landlord use house rules to deny tenant rights. The landlord’s house rules must apply to all tenants in a non-discriminatory manner.
The house rules provide the tenant with the landlord’s expectations of the standard of conduct required for living at the rental property. The tenant has the duty to perform to lease terms and conditions as agreed. Clearly established rules in language that a tenant readily understands provides the guidance and structure for compliance – what the tenant is required to do and what the tenant cannot do. The rules help to minimize confusion or misunderstanding of policies for day-to-day living requirements such as housekeeping duties and safety and security rules.
Most commonly a landlord will include a clause in his lease agreement that references an attached lease addendum for the landlord rules and regulations. The language in the lease clause may be similar to the following: “Landlord reserves the right to establish and change from time to time his rules and regulations he deems appropriate for the common use and benefit of all tenants with proper notification to Tenant. Tenant shall comply with such rules and regulations as uniformly enforced in a non-discriminatory manner. Tenant has read and acknowledges receipt of the rules and regulation. Tenant understands material violations of rules and regulations may be grounds for termination of lease. In the event of a conflict between the rules and regulations and the express terms of the Lease, the Lease terms shall prevail.”
House rules and regulations are usually detailed in language and scope in order to provide greater protection to current residents and the rental premises. Rules and regulations provide information and instructions to tenants on rental policies covering such matters as:
- Rents
- Landlord Entry to rental premises
- Quiet Hours
- Noise and Disturbance
- Waste and Negligence
- Guest Stays
- Pets Policy
- Maintenance and Repair responsibility
- Keys and Lock-out policy
- Housekeeping Standards
- Trash and Garbage disposal
- Vehicle Registration
- Parking Regulations
- Smoking Policy
- Use of common areas
- Services and Amenities
Provisions for Rule Changes
Minor Changes
A landlord may want to make changes to his house rules. Proper notice to tenants of a minor change in policy or practice usually requires a 15 or 30 day advance notification of change. A landlord would need to research state statutes to determine if a different notice period is required. A minor rule change would be a change that does not affect the tenant’s use and enjoyment of the rental premises or the agreed upon services and amenities at the time of his lease signing. As an example, a minor change might be a change in the access hours to the laundry facilities on premise. A notification period allows tenants to become used to the new rule.
Major Changes
For a fixed term lease, if the landlord wants to make major changes to the house rules that will affect the terms and conditions of the tenant’s lease agreement, such as changing the way(s) that the tenant has enjoyed living at the property by reducing services, interfering with the tenant’s right to quiet enjoyment of the rental property or that materially affect the tenant’s financial situation such as an increase in rents, a landlord cannot implement that change unless a tenant agrees in writing to the change through a signed lease addendum or the current lease agreement expires.
When a major change to lease terms and conditions is requested, a tenant has a choice to accept the change, refuse the change, or negotiate with landlord for possible alternative terms and conditions. If the tenant doesn’t sign the lease amendment, the amendment cannot go into effect. The landlord has no choice but to wait for the end of the tenant’s lease term and implement the change upon a renewal of the lease or a new tenant is installed.
Major changes such as rent increases or reductions in services or amenities have a significant impact on tenant decisioning to accept an offer of tenancy. Had the higher rent or fewer services been the offer in place when the current tenant signed his lease, the tenant might have decided to look for different rental housing. A landlord cannot arbitrarily change the tenant’s lease terms and conditions.
For a month-to-month rental agreement, a landlord must provide notice to the tenant of the proposed change, generally a 30 day notice period. State statutes may differ in the notification period requirements.
Renewal of Lease
A landlord can implement rule changes when a tenant’s lease agreement expires. If the tenant wishes to renew a lease when his current lease expires, the lease terms and conditions in effect at that time will be the terms and conditions of the tenant’s renewal lease. A landlord knowing that he wants to make major changes in lease terms and conditions should give adequate notice to a tenant whose lease will soon expire. The tenant should be allowed time to analyze the changing terms and conditions to decide whether to renew or not.
Safety and Security Reasons
However if a rule should be changed for safety and security reasons to protect tenants, a landlord may want to provide for that event by including in his lease a clause that waives the customary notification period and allows immediate implementation of the change in rules. Notification to the tenants would still be required that documents the reason and the need for the immediate change in rules.
New Tenant
A landlord can make new rules or major changes to existing house rules that will be the lease terms and conditions for a new tenant accepting tenancy.