Rental housing laws exist to protect both landlords and tenants during the rental relationship. Both parties need a clear understanding of their rights and responsibilities under federal, state and local regulations. Rental property owners want to protect their assets and operate a profitable business. While tenants want to live safely and peacefully in their rental home, they should be informed about their property and treated fairly. Tenants and landlords who take their responsibilities seriously will help keep the relationship friendly, constructive, and easy to manage in the long run.
What should tenants know before renting? The tenant-landlord relationship includes expectations for the tenant, such as paying rent on time and honoring the lease agreement – as well as keeping the property clean, safe and livable. On the landlord’s side, the responsibilities fall into five broad categories: security deposit, owner disclosure, giving possession of the unit, maintenance and liability.
Let’s take a closer look at tenant and landlord responsibilities and see how they affect each party.
The lease agreement signed by the landlord and tenant explains the rights granted to each party. Landlords should know all the terms of the lease and understand their rights. They should also be aware of the responsibilities they are agreeing to, according to federal, state and local laws.
Landlord’s Responsibilities to the Tenant
To whom are the landlords responsible? The landlord’s list of responsibilities includes five areas: security deposit, owner disclosure, giving possession of the unit, maintenance and liability.
Management of security deposit or prepaid rent
Every landlord has the right to charge a security deposit for the rent of his property. A security deposit is provided if the tenant violates their lease, doesn’t pay rent, or damages the property. State and local laws determine the maximum amount of security deposit a landlord can charge, what the security deposit can be used for, and when it must be returned.
Obligation to disclose owner
It is the landlord’s responsibility to share certain information about the property owner to his tenants. The tenant does not need to know who owns the building, but they must be informed of the name and address of the person or people who collect rent, manage the building, make repairs, serve notices or resolve complaints. This information should be part of the lease agreement and provided in writing.
obligation to give possession of the unit
This means the unit is vacant and ready for the tenant to move into on the date specified in the lease agreement. If the unit is not available to the tenant, the landlord may be in breach of the lease and the tenant may take legal action.
Also, if another person, or a previous tenant, does not have a legal right to be there but is still in the premises, the landlord may have to take legal action against this person.
obligation to maintain the entity
it is the responsibility of the landlord To keep the property well maintained, clean, safe and livable for tenancy. The landlord must make all necessary repairs, comply with all building codes, keep all utilities, such as plumbing, electric, heat and water, in good working order, maintain common areas and provide proper garbage receptacles.
Liability is subject to limitation of liability
If the landlord sells the property, they are released from their obligation under the terms of the lease, but must notify the tenant of the new management or ownership. The new owner or landlord is now responsible for the terms of the lease agreement and must comply with any landlord-tenant laws.
In this situation, the selling landlord is still responsible for all security deposits and must return them in one of two ways.
- Transfer the security deposit to the new owner, less any deductions for reasonable costs, and notify the tenant in writing that the transfer has taken place.
- Transfer it back to the tenant, subtract any deductions, and notify the tenant to pay the new owner or landlord.
Landlord responsibilities can vary by state. Most states require the landlord to give 24-48 hours notice for tenants to enter the premises in order to provide maintenance and repair services. The only exception is in emergencies such as fire, flood and structural damage, in which case the landlord can enter at will.
What are the landlord’s responsibilities regarding repairs?
Landlords are responsible for keeping the property well maintained and in a safe, livable condition. They must complete any necessary repairs within a time frame that is reasonable to both parties – unless the damage or problem poses an immediate health or safety risk to tenants or renders the premises unlivable, as in case of a fire Or happens in case of flood. Time limits vary by state and the severity of the problem.
Many states have a 30-day allowance to fix a minor repair problem, while a serious problem must be fixed in three to seven days. For example, if a rental unit does not have heat or running water, the landlord may have anywhere from 48 hours to seven days to fix the problem.
In some states, such as California, the tenant can complete the repairs themselves and deduct the cost from their rent payment. They must first notify the landlord in writing or verbally of the repairs needed. If the landlord doesn’t respond, they can proceed to complete the work. Any repair deduction cannot exceed one month’s rent.
for which the landlord is not responsible
A good lease agreement will be very clear about what types of damage or repairs fall under the landlord’s list of responsibilities. The landlord is not responsible for repairs caused by the tenant, tenant guest, or any member of the tenant’s household. Tenants are responsible for paying for these repairs.
landlord rights
Landlords have the right to:
- screen applicant
- Collect security deposits and rent payments as well as any deposits or payments associated with pets, parking, or additional amenities
- enter the tenant’s unit with reasonable notice or because of an emergency
- Evict Tenants for Lease Violation
- Use the security deposit for unpaid bills or repairs.
- Protect their property with move-in and move-out inspections
The applicant screening process can be complicated, and it is the landlord’s job to keep the information private. During the screening process, a landlord is allowed to:
- interview the applicant
- View official ID
- check credit
- Contact the applicant’s references (previous landlords, employers, or personal references)
- Verify applicant’s monthly income
- complete a criminal background check
List of Tenant Responsibilities to the Landlord
Tenant responsibilities are the terms that the tenant must maintain, as specified in the lease agreement. With the tenant’s signature on the lease agreement, they agree to abide by the terms of that agreement. Tenants must uphold their end of the bargain.
basic lease agreement I will explain:
- lease duration
- rent payment
- bail bond rules
- Rent Payment Process
- use of property
- Penalty for late payment or non-payment of rent
- move-out requirements
- lead paint disclosures
In addition to the lease agreement, it is the responsibility of the tenants to maintain the premises. Uniform Residential Landlord-Tenant Act Specifies what the tenant must do to ensure maintenance.
These responsibilities include:
keeping the unit safe and clean
Tenants must keep their unit in a reasonably clean and safe condition. The unit should be free of safety hazards such as blocked fire escapes or sanitary hazards such as pet excrement.
Complying with building and housing codes
Certain sections of local building and housing codes apply to tenants and focus on health and safety, such as having a licensed plumber or electrician perform work governed by safety regulations. Tenants must comply with these sections.
waste disposal
Garbage should be disposed of regularly. Tenants are responsible for preventing the accumulation of garbage and debris.
Proper operation of all plumbing and electrical equipment
Tenants must use all plumbing, electrical, heating, cooling, or other facilities in accordance with their intended use.
maintaining plumbing fixtures
Tenants must keep all plumbing fixtures in good condition. This includes fixtures, shower and toilet.
Maintenance of landlord supplied equipment
Tenants are responsible for maintaining dishwashers, stoves, washers, dryers, refrigerators, or any other equipment if the landlord provides such equipment.
avoid damaging the unit
It is the tenant’s responsibility to ensure that anyone they allow on the property (guests, service providers, or others) does not damage any part of the property. This includes the basement, common area or backyard. It is the responsibility of the tenant to ensure that nothing belonging to the property is removed, willfully damaged or destroyed, or damaged by neglect.
respecting the peace and quiet of other neighbors
Tenants and anyone else they allow to live on the property must behave appropriately by not disrupting their neighbours. This includes refraining from allowing children to run around the property and scream or play loud music.
tenant rights
When tenants rent a home, they have rights and responsibilities specified in federal, state and local rental laws. These laws also protect the tenant if the landlord fails to fulfill his obligations.
The Fair Housing Act and the Fair Credit Reporting Act specify tenant rights at the federal level, while fair housing act States that landlords cannot discriminate against tenants on the basis of race, religion, national origin, gender, disability, and familial status.
The Fair Credit Reporting Act protects tenants by ensuring that any personal or credit information provided to a landlord is accurate, fair and private. For tenants, this means that landlords must keep any information they collect from tenants private and secure. They can neither sell it nor give it to other sources.
At the state and local level, tenant rights have more to do with practical, daily living – how they can use and maintain rental property during the course of their tenancy and what they can expect from their landlord.
These tenant rights include the right to:
livable house
This means the home must be safe to live in, with usable utilities, heat, and water. The landlord must undertake any repairs the landlord undertakes in order to keep the house livable.
security deposit refund
Landlords can ask tenants for a security deposit to pay for any damages or damages their visitors may cause and cover any unpaid rent when the tenant moves out. State laws determine how landlords can use the security deposit and when they must return it.
notice of eviction
If the tenant violates the lease, they have the right to be notified of the violation, to be paid back the rent they owed, or to fix the problem that led to the eviction. This right gives them time to amend or file a reply in the court to present their side of the matter. If the issue is not resolved, the eviction notice tells the tenant when court proceedings will take place. When tenants know their rights, they can take legal action if necessary.
There will always be questions about the responsibilities of the tenant and the landlord in a rental property. Being educated about the rights and responsibilities of both parties puts tenants and landlords in an excellent position to ensure a positive relationship and make sound decisions when issues arise.
