Most Common Landlord Responsibilities Every Tenant Should Understand
Renters have rights, but so do landlords: Understanding the common responsibilities
When it comes to being a landlord, there is no doubt that having power over your tenants gives you a certain level of control. However, with this power also comes an immense amount of responsibility.
Considering that landlord-tenant laws vary greatly by city and state, we are unable to provide an all-inclusive guide to your landlord’s duties. Standard leases and rental agreements include several requirements that tenants can expect to see. Discrimination is prohibited by the Fair Housing Act of 1968, so tenants should be aware of it.
In exchange for your monthly rent, your landlord can (and should!) perform these common duties for you.
Ensure that the tenants' living conditions are safe and habitable
Most lease contracts state that the property must be “safe and habitable” regardless of the language used. A landlord must ensure that the rental property is safe and sanitary, without leaks, mold, or other hazardous materials, and comply with safety codes.
Be sure to follow the eviction laws
Landlords are required to follow a government-mandated eviction process in every state if they want to evict a tenant. Some counties have more stringent eviction laws. It is customary for landlords to give a tenant a 30-day or 60-day written notice before evicting them. Eviction forms must also be used properly.
Rent increases should be announced in advance to tenants
Rent can be increased by the landlord when the lease expires in most lease agreements. In most contracts, however, the landlord is required to provide the tenant with 30 to 60 days’ notice before increasing the rent. In some cities and states with rent control, a landlord may not be able to raise tenant rent more than once in a 12-month period.
Let the tenant know how to reach you
Landlords typically provide tenants with their direct phone number and email address so they can contact them in case of an emergency. There are situations, however, where this landlord requirement is waived if there is a property manager or company that manages the property.
Prior to entering the premises, notify the tenant
Your rental property should provide you with privacy as a new tenant. The result is that many states require landlords to notify tenants 24 or 48 hours in advance before entering their rental properties. It is usually necessary to provide the date and time the landlord expects to visit the property in writing.
However, there are exceptions: landlords may enter a rental during an emergency situation such as a fire, water leak, or substantial weather-related damage (e.g., broken windows).
Tenant security deposits should be returned promptly
Most states require landlords to return a tenant’s security deposit within 30 to 60 days of the move-out date. When the tenant vacates the property, the landlord is typically required to inspect the property for damage as part of the lease contract.
To receive your full or partial security deposit, you’ll need to attend the walk-through. You should get clarification from the landlord on what “normal wear and tear” means since some leases state that the landlord cannot charge the tenant for it-and thus, you’ll have a better chance of getting your security deposit back.
Keep property maintenance up to date
A habitable environment is essential. Keeping the dwelling unit and common areas in good working order for the tenant is the landlord’s responsibility at all times.
Additionally, these responsibilities include keeping major kitchen appliances such as refrigerators, ovens, and stoves in good working order. Likewise, in-home washer-dryers work the same way.
As a result of a health code violation or major repair issue, a landlord may be required by the rental agreement to fix the issue within 48 or 72 hours–or to provide temporary housing to the tenant if the property becomes uninhabitable (e.g., after a major flood or infestation). The tenant is usually responsible for fixing small issues like a broken lightbulb.
