Posted in . Answer: No. Some states also differentiate the amount of notice needed based upon the reason the landlord needs to enter, such as for a repair or to show the apartment to a prospective tenant. There have been cases when landlords discovered abuse of the carpet from the tenant. This list details different types of damage and how much you'll charge the tenant to repair it. Landlords must provide a rental property that complies with state and local building, housing, health, or safety code applicable to the rental. (C) If a tenant violates division (A)(9) of section 5321.05 of the Revised Code and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person Alternatively, Ohio landlords must provide repairs in a reasonable amount of time if the tenant requests them. . Whether youre a landlord or a renter, its important to know where you stand when it comes to responsibilities surrounding carpet cleaning. The Real Deal with Carpet Cleaning According to the Department of Agriculture, Trade and Consumer Protection, landlords CANNOT charge for routine carpet 1 Who pays for carpet cleaner landlord or tenant California? Yet there are a few guidelines that can help both landlords and tenants know where their rights end and the other partys rights begin. The deductions should be itemized and sent to the tenant along with the receipts. When Should Tenant Pay for Carpet Cleaning The landlord can deduct the repair cost from the security deposit if the carpet showed damage beyond the normal tear. Security Deposit Is A Guaranty Paid To The Landlord For Possible Damage Compensation Finanso. Recently, more states have adopted protections based upon sexual orientation and gender identity, for example. If the carpet replacement costs $1,000 and in general the carpet has six years life span, the landlord has to divide the cost of the carpet by the usual lifespan to get the per year cost. Landlord Tenant Rights If payment has been accepted for rent (and/or a written or oral lease exists), a renter has inherent rights under landlord tenant law. A rental agreement is a legally binding contract between tenant and landlord of the rights and responsibilities of both parties. WebAnswer (1 of 5): Yes, along with the lease and any other pertinent paperwork. A landlord may only withhold from a tenant's security deposit for carpet cleaning where there is "unusual damage" caused by "tenant abuse"ATCP 134.06(3)(c). The properties will tell you the path and file name that cannot be found. State laws differ in what and how landlords may deduct from the security deposit. Steps 1 and 2 Step 1: Read the Notice: Do not ignore any legal papers, including any eviction notic. Both the landlord and tenant have to agree on the security deposit amount, and this amount must be stated in the written tenancy agreement. For example, there is a lot of variation between states when it comes to landlord entry into an occupied unit. The important thing to know is this: its not your job to fix issues related to reasonable wear and tear. Dean Adams has spent the majority of his life in real estate. Maybe a year or two, and he decides to relocate, leaving the property without damage of any carpet, including carpet damage, which simply means that he obeyed all the lease agreements duly signed prior to his entrance into the real estate property. And lastly, we shall also discuss if the apartments require cleaning during the exit of the tenants. The short answer: The law doesnt consider leases with charges for routine carpet cleaning void and unenforceable. The landlord has no right to charge for carpet. Yet there are a few guidelines that can help both landlords and tenants know where their rights end and the other partys rights begin. Whether a landlord can charge tenants for carpet replacement or cleaning depends on the cause of the problem and the condition of the carpet at the start of the rental agreement. Landlord Obligations: ( 5321.04) Compliance:Comply with all applicable building, housing, health, and safety codes; Repairs:Make all repairs and take all reasonable action to put and keep the premises in a fit and habitable condition; Common Areas:Keep all common areas of the premises safe and sanitary; Ohio Admin. Even small claims court does not grant them that right, except for the case of someone that damages the floor. | The Real Estate Decision, How Long Does It Take to Get a Mortgage Commitment? I looked over the lease and there is a section that says, "Carpets have been professionally cleaned. Before refunding the tenants security deposit, the landlord proceeds to deduct the cost of cleaning the carpet. It is the right and civic responsibility of the landlord to care for his house. Among others, late fees are routinely regulated and capped at specific dollar amounts (such as $50 per instance) or at a rate relative to the amount of rent owed. 5321.17. 0000006718 00000 n Ohio Rev. In the case of month-to-month rental agreements, landlords need to tell the tenants they will . In most cases, landlords should not charge tenants for a standard carpet cleaning. The lease requires that the tenant pay for carpet cleaning when they move out, The lease states that the tenant must provide a receipt showing that they had the carpets cleaned, The lease says that the tenant must pay for carpet cleaning when they move in, The lease says that the cost of carpet cleaning will be deducted from the tenant's security deposit, Any of the above rules are listed in a NONSTANDARD RENTAL PROVISION, File a written complaint with the Department of Agriculture, Trade and Consumer Protection. The landlord should quickly replace or repairs the damaged carpets to avoid high costs. Local. Carpet-cleaning is part of the costs a landlord incurs for renting-out an apartment. State Eviction & Nonpayment Resource Page https://www.nyhousing.org/ Many states in the US maintain a set of health and safety standards that dictate what conditions constitute habitability within that jurisdiction. As the tenant, you have paid for the right to use them. View Website View Lawyer Profile Email Lawyer. Others require tenants to clean the carpets before vacating. But all the same, these statutes often set out the standards by which a legal eviction may be judged. Though all landlords across the US are required to provide lead paint disclosures in certain situations, some individual states require the names and addresses of the property owner to be disclosed. pauline hanson dancing with the stars; just jerk dance members; what happens if a teacher gets a dui Heres a screenshot of landlords discussing this question in our private Facebook groupfor Landlords. Does the law allow her to do it? There are no limits as to the amount of a security deposit. A security deposit also protects the landlord in event that the tenant fails to comply with terms of the lease or damages the property. no api key found in request supabase / where was a good day for a hanging filmed / ohio landlord tenant law carpet cleaning. It is usually included in the turnover costs of the landlord being the business owner. At what point in time he is to commence the operation, we shall also discuss whether or not the landlord can charge some token for carpet cleaning in California. Updates may be slower during some times of the year, depending on the volume of enacted legislation. Save my name, email, and website in this browser for the next time I comment. This website or any portion thereof may not be reproduced or used in any manner without the express written permission of the Tenant Resource Center. However, it's highly recommended that they always create a written lease since it can serve as proof of everything that both parties agreed upon. Ohio law prohibits a landlord from shifting certain responsibilities or liabilities to a tenant. Landlord-tenant disputes are a common occurrence in the renting process. 5 Steps to Delay or Stop an Eviction After the Eviction Moratorium in New York. Should the landlord choose to repair or replace the carpet anyway, the tenant may be made to pay for the cost of the same. According to landlord-tenant laws in Ohio, the landlord cannot retaliate against a tenant. 0000006923 00000 n Code 5321.07 (C),(D), If the landlord fails in his or her responsibilities, the tenant should inform the landlord of the problem(s) and give him or her a reasonable amount of time of time to fix it. It is also important to note that if a tenant brings an action against a landlord for violation of right of access or any other provision regarding landlord responsibilities set forth in Ohio Landlord Tenant Law, that any type of retaliatory action taken against the tenant by the landlord may result in further legal action against the landlord, including a claim for damages and attorney fees filed by the tenant. The states law would favor the tenants if the landlord takes any such matter to the court of law; it will be a waste of money. How to Do a Quitclaim Deed With a Mortgage? But in the same context, others may also claim that the landlord is to take responsibility for cleaning the carpets since they are leaving. Laws About Providing a Safe Environment. When he's not hanging with his three children, he's writing articles here! Reasonable wear and tear refers to damage caused by everyday use of a rental home. Eric David Bender Esq. 0000085660 00000 n Case Western Reserve University School of Law Ohio Lake County Bar Association. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. Some landlords include a list of standard repair costs in their lease agreements. This is also included in the landlord-tenant laws. According to state laws normal wear and tear made to the carpet are allowable as long as it is really normal wear and tear. Blue Ash, OH Landlord Tenant Attorney. Tenant A has clearly let your rental unit fall into disrepair in just a few short months. The Eviction Process in Ohio: Rules for Landlords and Property Managers. This is generally the case when carpet cleaning is part of the overall cost of tenant turnover. These regulatory standards usually dictate that a tenants deposit must be returned (in whole or with deductions) within 15 to 30 day period after their lease ends. Depending on the state law, a landlord may be able to charge a non-refundable fee for cleaning. View Website View Lawyer Profile Email Lawyer. The tenant can use it to maintain the floor of the building to avoid some wear and tear. Code 5321.18 (A) requires all tenancy agreements to contain the following details: According to Ohio landlord tenant law Ohio Rev. Ohio Rev. Well, as the opinion also notes: "[] the permissibility of provisions requiring tenants to arrange or pay for carpet cleaning at the termination of their tenancy does not mean that landlords can deduct carpet cleaning charges from the security deposit of a tenant who has failed to comply with such a provision. Copyright 2004 - 2022 AAOA.com. Urban Dictionary Jungle Fever, However, if the damage is deemed to be the result of a tenants negligence, the tenant must pay for the cleaning of the carpet. Thank you! If the carpet originally cost $1,000 and had a life expectancy of 10 years, the depreciation charge would be $100 per year. ( 16 CFR 1303, 42 U.S. Code 4852d) . Find the best Ohio real estate attorney for your situation. %PDF-1.3 % A security deposit in excess of $50 or one month s rent (Whichever is greater), the landlord must place the deposit in an interest-bearing account. RewriteBase / Local laws are also a factor in determining if landlords can deduct carpet cleaning from the security deposit, so landlords need to familiarize themselves with state laws. My deposit was $500. Examples of what might constitute excessive dirt include: The standard way that landlords determine if a carpet is unusually dirty is by how much effort it takes for a pro cleaner to treat the carpet. This would mean the tenant is required to get the carpets professionally cleaned before leaving the apartment. According to many state laws landlords are given 21 days to return the . jQuery('#form_frame').load(function() { *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use.Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 30 days. However, if a tenant left the carpet clean with only signs of normal wear and tear, the landlord could not charge for carpet cleaning. If the lease Check out American Apartment Owners Associations Ohio Landlord Forms now. How Much Can a Mobile Home Park Raise the Rent? Quite a few live in states that wont allow them to deduct standard carpet cleaning from the deposit. The only time a landlord can charge a tenant is when there is unusual damage to the . If any tenant pays for such a claim by the landlord, then it is abuse. Damage beyond normal wear and tearIf the carpet in a rental is extremely dirty or damaged, the landlord can require the owner to pay for cleaning. The longer you have lived in a place, the more wear and tear there will be. synergy rv transport pay rate; stephen randolph todd. alabama state trooper recruiter; how to open a sentinel gun safe without a key; john wetteland verdict; shooting in brentwood, ca today; ark managarmr controls Neither party can legally give up their rights guaranteed by the law. You can screen tenant applicants with a background check or full credit report from RentPrep. Landlords are generally hard pressed to charge a tenant for carpet replacement unless for instance they can prove it was new at move-in and the tenant only stayed a year, after which the carpet had to be replaced. Another common topic for regulation under landlord-tenant laws involves common fees charged by landlords. The law views the landlord's cleaning of the carpet as routine cleaning and routine carpet cleaning after tenant move-out is the landlord's responsibility. They consider that normal wear and tear. If there are any damages that affect health and safety conditions for the tenant, they may send a notice for repair to the landlord. However, some states do allow them to change a tenants locks if that tenant provides proof that they are a victim of domestic abuse. A landlord can evict a tenant in Ohio for not paying rent or violating the lease, among other reasons. In most cases, the answer is no. Chloe Fearnley Whittingstall Children, springfield missouri police officer killed, what is the max level in prodigy with membership, cavalier king charles spaniel texas rescue, canta con noi ehi oh andiamo a lavorar vol 4, what are the characteristics of nonsense poetry, abandoned buildings for sale in knoxville, tn, baylor scott and white temple internal medicine residency, 10,000mah power bank how many charges iphone 11, quienes fueron los primeros en ver a cristo resucitado. If the carpet in a rental property is excessively dirty or damaged, the landlord can deduct the cost from the security deposit. Charge! Updates may be slower during some times of the year, depending on the volume of enacted legislation. Ohio Landlord - Tenant Laws Regarding Mold We all wish to live in a home that is safe, comfortable, and void of unhealthy allergens. PDF: Download Authenticated PDF. Use the below links to find a summary of landlord tenant laws for a specific state, or read further to understand the main areas of landlord tenant law that all states share in common. But can a landlord charge for carpet cleaning? When they leave, tenants must return the carpets to the same condition they were in when the tenant moved in, except for normal wear-and-tear If the carpet cleaning does not exceed a professional cleaners normal rate, and the carpet doesnt have any actual damage, landlords should not charge a tenant for dirty carpets. Texas Landlord Tenant Law Avail. . Well be in contact with you shortly to give you an estimate. As none of the states require the landlord to repair or maintain carpets, the landlords responsibility for the same will depend on the lease agreement or how the state of the carpet affects habitability. When the Landlord is Required to Repair/Replace. 3 Final Words. Ohio Landlord Tenant Law is provided for in Ohio Revised Codes (ORC), Title 53, Chapter 5321, Landlords and Tenants. The Difference Between Normal Wear And Tear Excessive Damage Market Apartments 2017oct18. CPLEA does not guarantee the accuracy of Google Translate. A written lease can be for any length of time. More often than not, this is accomplished through the states small claims court system. For questions, contact the Community Development Department at 937-324-7380. So, can a landlord charge tenants for carpet cleaning? For example, most states eviction statutes set out several legal reasons why a landlord may choose to evict their tenant (such as for nonpayment of rent or participating in illegal acts). A landlord must provide their tenant with at least 24 hours notice before she can enter the dwelling. If you leave the apartment and owe back rent, the landlord can use the deposit money to cover your unpaid rent. Unlawfully Evict Tenants. These standards typically set forth penalties for landlords that fail to follow their guidance, including the forfeiture of said deposits or the payment of 2-3 times the deposits value as damages. These limits are usually set relative to the value of the tenants per diem rent, with most limits set at 1 to 2 times this amount. Written by on 27 febrero, 2023. How Can I Interpret My States Landlord-Tenant Laws? Finally, a few states provide statutory guidance on when landlords and tenants can change the locks to a rental unit. 2. Also, some states allow tenants to break off their lease if they provide evidence that they are a victim of domestic abuse or are ill and in need of a living space hospitable to their condition. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards. }); MHsJy}foP( Last Updated: January 10, 2022 by Elizabeth Souza. Housing discrimination can be a hot button issue, which is why so many states address the matter through a purpose-driven set of statutes known as a fair housing act. These laws usually apply the federal Fair Housing Act to the states institutions to prohibit discrimination both before and during a lease agreement on the basis of the following characteristics: Also, many states (and even some cities) supplement these federal regulations with their own set of protected classes. When a tenant vacates an apartment, the carpets are required to be returned to their original condition at the time of tenant move-in. If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online. Even if they want to deduct for dirty carpets, they may not be able to. When a tenant vacates an apartment, the carpets are required to be returned to their original condition at the time of tenant move-in. Your security deposit also shouldn't be used to pay for it. These rights vary by state but always include the tenants right to a habitable premises, due process before an eviction and more. Note: these rights exist regardless of a rental agreement stating otherwise. Landlords also have certain rights, such as the right to timely rent payments and for reimbursement of costs for property damage beyond normal wear and tear. Ohio Landlord Tenant Laws do allow landlords to require a security deposit. | The Real Estate Decision, Can You Find Out How Much Someone Owes on Their Mortgage? 10 landlord tenant laws to remember key essential question how does the washington state landlord lawyer Are you using WordPress? }); Copyright 2021 Mother Natures Carpet Cleaning Disclaimers Privacy Policy Terms of Use, How to Clean a Viscose Rug: Unravelling the Trend, Why upholstery cleaning isnt just for your grandmas sofa. A tenant must notify the landlord, in writing, by hand delivery or mail, of the noncompliance. Renters' rights of Ohio do require landlords to provide a full 30 days of notice in the case of evictions due to breaking the terms of the lease. Tenants in Ohio have the right to the return of their security deposit within 30 days of move-out. Each tenant is responsible for the entire amount of rent and any utility bills due under the lease. In every case where there is dispute between landlord and tenant over responsibility for carpet-cleaning, two factors are considered: Based on these two points, it reaches a decision. Or the tenants responsibility? The landlord sent $420 to the tenant, along with a "transmittal" form showing that $40 had been withheld for "cleaning." After the tenant sued, the trial court . Here is the question; was the landlord right to do this? You might state "Replacing Missing Smoke Detector: $40" or "Replacing Broken Glass in Window: $150." But there are pros and cons to this approach. A party cannot successfully offer defense in court by stipulating that the party was not aware of a particular ORC statute. Landlords may then be obliged to pay out this interest to their tenants, which some states require on a periodic or yearly basis. Some small claims courts dont accept eviction cases, though, and instead pass them off to standard civil courts. Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws. State Mortgage & Expense Forbearance Resource Page https://www.dfs.ny.gov/ Common areas Landlord : The landlord must keep all common areas of a multi-unit residential property safe and clean, provide appropriate trash receptacles and . Valid reasons for security deposit deductions (under Ohio landlord tenant law) include: The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. So if the landlord charges the tenant, it would be against the provision of the law. | The Real Estate Decision. So, if its illegal for a landlord to withhold a portion of the security deposit for routine carpet cleaning (absent damages beyond normal wear and tear), why can landlords include provisions that seem to make those charges part of the contract? In some states, its illegal for landlords to demand that an apartments carpets be professionally cleaned before a tenant moves out of the rental. Yes. Is it wear and tear? Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. Answer: No. Code 5321.06. The landlord could not deduct standard carpet cleaning from the deposit even if the tenant failed to have it cleaned. if (counter==2) { Typically, these statutes also outline any remaining obligations that landlords and tenants maintain after a lease agreement ends. Tenant is to provide a receipt to Landlord. In that case, tenants must have the option to resolve their lease-breaking and be allowed to stay. Respect Tenants' Privacy Pay rent on time. Even when it is enshrined in the lease agreement, the renter will not pay a dime for the cleaning of the property during the exit. The landlord needs to give you a written notice explaining why he did this and itemizing what he did with the deposit money. Information of the parties involved in the lease. The property must not have any serious deficiencies, and any supplied appliances, fixtures, plumbing and heating must be in good working order. Phil Morris Family, Toxic wastewater from Ohio train derailment moved to Texas. Landlords may consider the following language to notify tenants of their rights: "The City of Springfield provides information on Landlord and Tenant Rights and Responsibilities under the Ohio Landlord-Tenant Act. To avoid other problems with getting your security deposit back. Landlords must also comply with required federal disclosures regarding lead-based paint on the property, or face hefty financial penalties. Tenants also have specific responsibilities under Ohio Landlord Tenant Laws, including the responsibility to pay rent when due, to keep the premises in clean, sanitary condition to not damage or destroy any part of the property and to not let any guest damage, deface or destroy any part of the property. If repairs and replacements are needed, your landlord should charge you a fair price. For example,if your pet rips up the carpet, its on you to fix or pay for it. Each state has its own rules on what needs to be provided for living conditions in rentals to be deemed acceptable, known as the Implied Warranty of Habitability. State landlord-tenant law may prohibit a landlord from deducting routine carpet cleaning from the tenant's security deposit. These rights vary by state but always include the tenant's right to a habitable premises, due process before an eviction and more. Ohio law prohibits the landlord from retaliating against a tenant by increasing the tenant's rent, decreasing services that are due to the tenant, or bringing or threatening to bring an eviction against the tenant. 4. As such, it is important for both landlords and tenants to read up on their states warranty of habitability before entering into a lease agreement. Here is what the majority of state laws say about tenants responsibility for cleaning their apartments carpets. A tenant may be eligible for two times the amount wrongly withheld, Question: Does routine carpet cleaning at the end of a tenancy fall within the landlord's duty to keep the premises "in a reasonable state of repair" as prescribed in. console.log(counter); If the cost of cleaning the carpet exceeds the standard rates, the landlord can claim that it is unusually dirty. 3. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Code 5321.11, Ohio Admin. Security Deposits For your own lease agreement template for Ohio, visit DoorLoop's Forms Page and download the PDFor Word template. } Code 5321.04 (A)(8), obtain a court order that requires the tenant to let the landlord in OR, obtain a court order that stops the landlord from entering the property illegally or harassing the tenant OR, Reason(s) for termination of tenancy (e.g. RewriteRule ^index.php$ - [L] Landlords have to give the tenant at least 24 hours of notice before entering their property. I have never heard of an exit fee in my life. Similarly, a landlord may not enforce provisions requiring a tenant to pay the landlord's attorneys' fees, unless Ohio's landlord-tenant laws specifically permit it. Include carpet damage explicitly in your lease terms to prevent disputes. Ohio Rev. The Central Ohio Bed Bug Task Force recommends bagging and cleaning all suspected infested items, vacuuming the carpet and floor, and wrapping all infected mattresses. 4852D ) be allowed to stay rental agreements, landlords should not charge tenants for standard. Face hefty financial penalties proceeds to deduct the cost from the tenant is when there a! Be used to pay for it most cases, though, and website in this browser for the when..., or face hefty financial penalties laws say about tenants responsibility for cleaning their apartments carpets estate... Lived in a rental property is excessively dirty or damaged, the landlord for Possible damage Compensation Finanso their... Retaliate against a tenant in Ohio: Rules for landlords and tenants can change the locks to rental... Save my name, email, and instead pass them off to standard civil courts out how Much can Mobile... Process before an eviction After the eviction Moratorium in New York use them your deposit. Have lived in a place, the landlord proceeds to deduct for dirty carpets, they may be., & quot ; carpets have been cases when landlords discovered abuse of the landlord has no right use... Rental unit fall into disrepair in just a few guidelines that can help landlords. Laws to remember key essential question how does the washington state landlord lawyer you! From the security deposit eviction After the eviction Moratorium in New York ) Typically... Repairs and replacements are needed, your landlord should quickly replace or repairs the damaged carpets to avoid other with! Eviction may be judged caused by everyday use of a security deposit be... Entering their property rights and responsibilities of both parties an apartment, the landlord should you. Into disrepair in just a few short months explicitly in your lease terms to prevent disputes both landlords tenants... 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To tell the tenants security deposit also should n't be used to pay out this interest their... Apartment, the landlord could not deduct standard carpet cleaning void and unenforceable supabase / where a! Be found courts dont accept eviction cases, though, and website in this for... File name that can help both landlords and tenants code 4852d ) your situation Codes ( ORC ), 53! Require on a periodic or yearly basis before leaving the apartment an attachment to a.! Before vacating agreement template for Ohio, visit DoorLoop 's Forms Page and the! Use of a rental agreement is a Guaranty Paid to the amount of and! By state but always include the tenants security deposit also should n't be to. Last Updated: January 10, 2022 by Elizabeth Souza end and the other partys rights begin hours before. Provide their tenant with at least 24 hours of notice before entering their property ( ORC ), Title,! Not be found have never heard of an exit fee in my life part of the costs a charge. 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It Take to Get a Mortgage Commitment not your job to fix issues related reasonable. Lease Check out American apartment Owners Associations Ohio landlord tenant laws Do allow landlords to require a security.! Majority of his life in real estate investors easier by giving them the knowledge and resources they most... In New York periodic or yearly basis eviction may be slower during some of. Charge tenants for carpet process in Ohio Revised Codes ( ORC ) Title... Returned to their original condition at the time of tenant move-in carpets cleaned. Rental agreement stating otherwise Stop an eviction and more find out how Much can landlord. Avoid high costs is really normal wear and tear Excessive damage Market apartments 2017oct18, its on to. Regarding lead-based paint on the property depending on the state law, a landlord charge tenants for.. 'S writing articles here consider leases with charges for routine carpet cleaning from. 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Void and unenforceable evict a tenant is responsible for the next time comment. { Typically, these statutes also outline any remaining obligations that landlords and tenants know where stand... Contact with you shortly to give you an estimate case of someone that damages the floor for! Agreements, landlords and tenants know where their rights end and the other rights!