A Guide to Landlord-Tenant Responsibilities
Many investors decide
to become landlords without considering the extensive responsibilities
involved. Some even assume those responsibilities will fall on the tenant.
Depending on the laws in your area, you will likely be responsible for keeping
your building up to standards that will keep your tenants safe and clean. You
will have to respond to requests for maintenance in a length of time that is
considered reasonable.
Tenants also have
certain responsibilities, which can be determined by the lease contract and
also by law.
When deciding to become
a landlord, you should first consult an attorney to determine the laws and
requirements that affect you and your local area. As a building manager, it
will benefit you to discuss how responsibilities are divided with tenants upon
move in. This will ensure that expectations are clear.
Note: This
article is for educational purposes only. I do not make any guarantees that the
responsibilities in this article are compliant with current or local laws.
Always consult an attorney in your area.
Responsibilities
of the Landlord
In
general, a landlord is responsible for keeping their building clean,
functioning, and safe. Many areas have codes and laws that specify standards
for building construction, standard of living, and maintenance. You can find
more specific regulations for your state here.
Ensure habitable
conditions
As a landlord, you are
expected to check maintenance regularly and repair your property upon demand.
In some local areas, there are further requirements including:
● Upkeep of
common areas
● Providing
receptacle for trash disposal
● Correcting any
infestations of vermin or bugs.
● Keeping the
property’s structure safe and intact
● All electrical,
sanitary, ventilation, plumbing, and other required equipment in order
●
Disclosing all history of environmental hazards
to tenants
Enforce a quiet environment
Part of your job as a
landlord is ensuring that your residents don’t disrupt others. Many include a
clause in their lease that requires tenants to maintain a noise level that is
reasonable for evening hours with consequences for disturbing other residents.
Provide tenant safety
As a landlord, your
responsibility to provide tenants with safety standards can be a legal
requirement (depending on the local law). There are many ways you can help
ensure your tenant’s safety. Here are a few:
● Screen all prospective tenants. Use an
application and background check to screen tenants before move-in. You can also
ask for references.
● Always give notice of entry. You must keep
units up to standards, but when performing maintenance, you must follow local
laws in regards to notice that must be given before entering a unit. Most
states have a standard of 24 or 48 hours notice before entering a rental, but
requirements can vary in an emergency.
● Maintain building locks. It is important
to re-key locks for new tenants, and keep locks on building doors and windows up
to date.
●
Provide safety
equipment. Your building must have functioning smoke and carbon monoxide
detectors that are in proper condition.
Please review the
landlord responsibility standards for your state and local area for further
requirements.
Responsibilities
of the Tenant
The tenant is usually
responsible for ensuring that their unit stays in good condition. They are also
expected to report any issues or damages to the landlord. Here are a few
responsibilities that often are required of the tenant:
Maintain unit cleanliness
Typically, tenants are
responsible for keeping their rental unit clean and sanitary, including:
● Discarding
trash
● Preventing the
growth of mold
● Preventing
excessive buildup of dirt, rust, scum, and grime on surfaces
●
Maintaining appliances
Avoid excessive damages
Tenants should avoid
causing damage to their unit. While a certain level of wear and tear is
expected, the property should be maintained at the condition level at the time
of move-in. Some local laws enforce tenant liability in cases such as:
● Removal of fixtures
● Violation of
occupancy rules
● Blocking
emergency exits
● Damage caused
by fire
● Tampering of
smoke or carbon monoxide detectors
● Using premises
for unlawful purposes
●
Damage from pet violations
Report issues in a timely fashion
Tenants are required to
let their building manager know about any required maintenance as soon as
possible. If there is an issue that the tenant fails to report to the landlord,
they may be liable for further damage.
Landlords should
conduct a walk-through with tenants before move-in to acknowledge any issues or
necessary repairs, and document current conditions. It is the responsibility of
the tenant to maintain a copy of their checklist in order to avoid any
liability at the end of their lease term. Many damage charges that fall outside
the scope of wear and tear can often be covered by a security deposit.
Consult laws for your
local area for further tenant responsibilities. - Steven Taylor, Landlord in LA
