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Basic Landlord Responsibilities
And, because landlording is a "two-way street", tenants have their own set of legal tenant responsibilities towards landlords as well. It's this give-and-take system of legal responsibilities that makes the landlord-tenant relationship work.
Let's take a look into the basic responsibilities that are required of residential landlords. Complying with these responsibilities can certainly prevent landlords from experiencing unnecessary legal problems with tenants and city housing officials. And, who in their right mind needs those hassles!
Basic Landlord Responsibilities
1.) Duty to Maintain the Premises- This is a big one! The landlord, as required by law, must provide a safe, fit and habitable dwelling unit for his or her tenants. Tenants are legally entitled to receive safe and habitable housing, and this is what their rent money pays for. They pay to rent housing that is compliant with local housing codes.
2.) Duty to Abide by the Rental Agreement- Although this sounds like a "no-brainer", it's important for a landlord not to neglect his or her responsibilities that are outlined in a rental agreement. Neglecting such responsibilities creates a condition of bad faith and mistrust on the part of the tenant A tenant's trust is a precious commodity, and a sure-fire way for a landlord to ruin it is not to live up to their end of the bargain in the rental agreement.
3.) Duty to Notify Tenant of Housing Code Violations- To protect the health and safety of tenants, a landlord must inform tenants of any housing code violations that may develop on the premises. This is normally carried out by sending copies of the violations to the tenants within a certain period of time as required by law. In addition, a landlord must make prospective tenants aware of any existing housing code violations that may be present on the property.
4.) Security Deposit Responsibilities- All residential landlords have a duty to comply with the laws of their state once a security deposit is accepted from a tenant. Most state laws require that security deposits cannot exceed certain amounts, and that they must be returned to the tenant (minus any legal deductions) within a certain time period after the tenant moves out. Neglecting this responsibility can easily subject a landlord to a tenant lawsuit.
5.) Duty to Deliver Possession- After a rental agreement has been made and a new tenant has paid the rent, the landlord is responsible to deliver possession of the dwelling unit to the new tenant. If the unit cannot be delivered due to the former tenant "holding over", it is the landlord's responsibility to bring court action to gain possession of the unit.
So, those are the main landlord responsibilities that landlords have towards their tenants. As a landlord, the best way for you to avoid problems is by simply living up to your responsibilities, pure and simple. Do this and your landlording journey will be much smoother (and satisfying) at the same time!
Please note; the above information is general in nature and should not be considered legal advice. It should not be relied upon for your own particular circumstances. For legal advice, please consult the services of an attorney who is licensed to practice law in your jurisdiction.
For more information on landlord responsibilities, please visit The Landlord's Library book collection. It truly is the bible for helping you pave the path to your success as a residential landlord.
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