Posted in Blog  
  on May 12, 2015

Top Landlord Friendly States

Many states tend to favor tenants when it comes to implementation of landlord/tenant law. There are a few states, however, that tend to favor the landlord. If you're thinking about getting into the rental property business, then you'll want to consider these top landlord friendly states.

1. Texas

Texas allows landlords to quickly wield their rights when there is a lease violation in place. There are also specific exceptions within the law that allow for landlords to not have certain security devices within the rental property. Texas even allows landlords and tenants to agree on needed repairs at the cost of the tenant without recompense. On the other hand, tenants can take landlords to justice court to receive a repair order that affects health and safety if the cost of the repair is below $10k.

2. Indiana

This state offers landlords a lot of time to make sure their property wasn't damaged by a tenant. Since 2002, landlords have been allowed to withhold a security deposit for 45 days without tenants having any right to access that money. Tenants can only sue landlords once the 45 days has been exceeded and even then, there are no additional damages except for the legal fees required to get their security deposit back.

3. Colorado

Landlords have two advantages in the state of Colorado. They can enter a rental property they own without giving a tenant any notice they are doing so. They can also quickly move on eviction proceedings when rent remains unpaid. A demand for compliance gives tenants 72 hours to either pay the rent or move out. The court gets involved 100% of the time if the demand for compliance expires and if the court finds in favor of the landlord, there's a 48 hour window when the Sheriff will enforce the order.

4. Georgia

Georgia has a history of favoring the landlord when an eviction case is taken all the way to court. It is extremely rare for a tenant to prevail in an eviction case, even if there is just cause for them to not pay the rent. The state also has an informal eviction process which allows a landlord to potentially file for an unlawful detainer lawsuit in as little as 48 hours after not paying the rent. Notices only need to be verbally given as well and tenants must pay within 7 days of a payment demand or they will almost always be evicted.

5. Kentucky

Except for states that don't have any standards for security deposit returns, Kentucky has the most lenient laws on the books. In some instances, landlords can withhold the security deposit return for up to 60 days. Landlords can also file what is called an “Unconditional Quit Notice” if a tenant has been late on the rent once in the last 6 months. This gives the tenant 14 days to move out without the option to pay to cure a past due.

6. Mississippi

Most states allow for lease stipulations that require a tenant keep properties clean, in good working order, and free from garbage. There is no definition as to what garbage happens to be, however, so a landlord can declare just about anything to be garbage if it has no realistic use in their own opinion. Tenants failing to remove declared garbage can then have an eviction notice filed. Mississippi also allows for an unconditional 14 day notice to force a lease termination.

7. Arizona

Immigration issues are at the forefront of Arizona landlord/tenant law. Landlords are able to terminate a lease in 10 days if they discover false information on the application for tenancy, even if it has been several months. This includes failing to disclose any criminal conviction. Security deposits are limited to 1.5 months of rent and must be returned within 14 days of moving.

8. Florida

What makes Florida a landlord friendly state is the fact that there are no laws regarding rent control. Security deposits can be unlimited and can be returned up to 30 days after a move-out date. Overdue rent requires just a 3 day notice and damage to the property that is intentional qualifies for a 7 day unconditional quite notice. Repeated violations of the lease also qualify for the 7 day unconditional notice, but the court still must enforce an eviction and hear the case.

These Top Landlord Friendly States Will Help You Protect Your Investment.

Tenants still have rights in these states and landlords must always fulfill their obligation to provide safe housing, but these top 8 states give landlords more tools to use to rectify problematic tenant relationships.


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