Congratulations! You've taken your first steps towards becoming an informed member of the real estate world. I have been in the real estate profession for several years as a real estate broker, real estate investor, real estate instructor, and a landlord. Throughout those years I've discovered one common denominator: landlord's and tenant's alike enter into legally binding contracts such as leases, without proper knowledge of their legal rights.

Why did I write this book? First, before I answer, let me ask you a few simple questions. Have you ever attempted to rent a house or apartment only to find out later it that was rented to someone else? Did the landlord or property manager explain to you why they didn't rent the property to you? Have you ever been screwed out of your security deposit? Have you repeatedly asked your landlord to fix something and they never did, or it took weeks before they got around to it. Do you know the maximum-security deposit your landlord can require? How many days after a tenant moves must a landlord return a security deposit? Too often neither the landlord nor the tenant knows the correct answer. That's precisely why I wrote this book.

Whether you're already renting, or you're looking to do so, this book will help you answer many of these types of questions. After you've completely read this book you'll better prepared the next time you try and rent a house or apartment. Moreover, you'll be aware of your legal rights. I can't stress enough that knowledge is power. This book will give you that knowledge.

Guess What? Your Landlord Does Have Rights

I had a friend who had been a landlord for several years and decided to get out of the business. He said he was tired of the tenants having the right to do whatever they wanted. His problem was he didn't know he had rights.

Believe it or not your landlord has certain legal rights. Depending on what state you live in, landlords may have more or less legal rights when compared to other states. Every state has it's own set of laws regarding landlord and tenant rights. Some states are more favorable toward landlords; some are more favorable towards the tenant.

For example, in Iowa if a tenant is evicted and the tenants personal property remains in the dwelling, the landlord can actually remove the personal property and set in out on the curb. To the neighboring residence it's known as "curb side shopping."

In Nebraska, a landlord must follow a strict legal process for disposing of a tenant's personal property that has been left behind. This includes storing the property, giving notices to the tenant, and eventually selling the property at auction. As you can see, the rules can be very different depending on the state. This book will discuss the laws specific to the State of Nebraska.

What are your landlord's rights? Although your landlord's rights may seem numerous, basically, owners of residential property can rent their property for any amount of rent they desire unless your particular area has rent controls established. Likewise, your landlord has the right to:

1. Receive rent and be reimbursed for any damages resulting from the misuse or negligent destruction of the property. This includes any damages that are in excess of the security deposit; and
2. Your landlord can establish guidelines pertaining to your conduct provided they are applied to you in a fair manner and these rules are given to you at the time the rental agreement is signed.

If your landlord wishes to establish rules after the rental agreement has been signed a thirty-day notice must be given and the established rules cannot substantially alter the original rental agreement. For example, your landlord decides to change the laundry room hours. It's important to remember if your landlord establishes such rules or guidelines, the rules must promote the appearance, convenience, or safety of the property or tenants. Likewise, your landlord's decision to establish rules cannot be discriminatory on the basis of race, religion, national origin, etc. We'll discuss this further, and in more detail, later in the book.

Tenants Have Rights Too!

Tenants have rights? Absolutely! In fact, my inspiration to write this book actually came from my students that were tenants. While I was teaching class, we would cover the "Lease" chapter of the book. My students would barrage me with questions and horror stories about their landlord. I can tell you, after finishing the chapter they realized they had legal rights.

The general consensus among most landlords is the belief that tenants have more rights than they do. In many states that's true. The real problem facing tenants is not whether or not they have rights, it's they have no idea what their rights are. They don't know what their landlord can and can't do. Most tenants accept what they're told by their landlord as fact. Remember, most tenants, and many landlords have no idea what they can or can't LEGALLY do.

Primarily, tenants have the right of possession and quite enjoyment of the property until the rental agreement has expired. You can use the property in anyway you wish as long as it's legal, it does not violate the terms of the rental agreement, and it doesn't destroy the property. You have the right to live in a habitable home, free of insects and rodents. You have the right to essential services such as running water, electricity, etc.

Even when you're in the process of being evicted, you have legal rights. You have the right to legal counsel and face your landlord in court. In fact, the biggest reason tenants lose in court and have court judgments placed against them is they failed to get legal assistance as soon as they were informed they were being sued. The sad thing is, many times the landlords are themselves in violation of a code or law when they evicted the tenant.

I had a student in one of my classes indicate she had been evicted for not paying the rent. She stopped paying the rent because the landlord refused to fix the hot water heater. She concluded, no hot water, no rent. However, because she failed to appear in court, the judge automatically ruled in favor of the landlord by default judgment. Had she appeared in court, she could have given her side of the story and probably won.

Never let this happen to you! I guarantee after you read this book; you'll never be a victim. Lets get started!

"A Real Estate Consumers Information Web Site"
(The information contained herein is for informational purpose only and is not in any way legal advice. If you have specific legal question, please contact an attorney.)