The Rental Housing Act is designed to protect both landlords and tenants throughout the rental relationship. Both parties should clearly understand their rights and responsibilities under federal, state and local regulations. Rental property owners want to protect their property and run a profitable business. Tenants want to live safely and peacefully in their rental homes, to be informed about their property and to be treated fairly. Tenants and landlords who take their responsibilities seriously will help maintain a friendly, constructive, and long-term manageable relationship.
What should tenants know before renting? The tenant-landlord relationship includes expectations of the tenant, such as paying rent on time and complying with the lease agreement. It also includes keeping the property clean, safe and habitable. Responsibilities on the landlord side fall into her five broad categories: security deposit, owner disclosure, unit ownership provision, maintenance, and liability.
Let’s take a closer look at tenant and landlord responsibilities and how they affect each party.
The lease agreement signed by the landlord and tenant explains the rights granted to each party. Landlords must understand all the terms of the lease and understand their rights. According to federal, state, and local laws, they should also be aware of the responsibilities they agree to.
Landlord Responsibilities to Tenants
What is the landlord’s responsibility? A landlord’s list of responsibilities includes her five areas of security deposit, owner disclosure, unit ownership provision, maintenance, and liability.
Management of security deposits and prepaid rent
All landlords have the right to request a security deposit against the rent of their property. A security deposit is funded if a lessee breaches the tenancy agreement, fails to pay rent, or damages the property. State and local laws determine the maximum amount of security deposit a landlord can claim, what the security deposit is used for, and when it must be returned.
Owner disclosure obligation
It is the landlord’s responsibility to share certain information about the property owner with the tenant. Tenants do not need to know the owner of the building, but they do need to provide the name and address of the person collecting rent, managing the building, making repairs, issuing notices, or filing complaints. This information is part of the lease agreement and must be provided in writing.
Obligation to hand over property
This means the unit is empty and ready for tenant move-in on the date specified in the lease. If the unit is unavailable to the tenant, the landlord may be in breach of the lease and the tenant may take legal action.
Additionally, if another individual or previous tenant does not have a legal right to be there but is still on the premises, the landlord may have to take legal action against this individual.
Unit maintenance obligation
it is the owner’s responsibility Properly maintain the property, keep it clean, safe, and habitable for tenants. The landlord is responsible for making all necessary repairs, adhering to all building codes, keeping all utilities such as plumbing, electricity, heat, and water in good working order, maintaining common areas, and maintaining proper trash bins. must be provided.
Obligations Covered by Limitation of Liability
If the landlord sells the property, he is released from liability under the terms of the lease, but must notify the tenant of the new management or ownership. The new owner or landlord is responsible for the terms of the lease and must comply with landlord and tenant laws.
In this situation, the selling landlord remains responsible for all security deposits and must return them in one of two ways.
- Transfer the security deposit, less a deduction for reasonable expenses incurred, to the new owner and notify the tenant in writing that this transfer has taken place.
- Notify the tenant to return the amount after deductions to the tenant and pay the new owner or landlord.
Landlord responsibilities may vary from state to state. Most states require that a landlord give him 24-48 hours notice to enter a tenant’s premises in order to provide maintenance and repair services. The only exceptions are emergencies such as fires, floods, or building damage, in which case the landlord is free to enter.
What are the landlord’s responsibilities regarding repairs?
Landlords are responsible for properly managing their property and keeping it safe and habitable. Unless the damage or problem poses a health or safety risk to the tenant or renders the facility uninhabitable, such as in the case of a fire or flood, necessary repairs must be completed within a reasonable time for both parties. I have. The time frame depends on the state and severity of the issue.
Many states have a 30-day grace period to fix common repair issues, but major issues should be fixed in 3-7 days. For example, if a rental unit has no heating or running water, the landlord may take from 48 hours to 7 days to fix the problem.
In some states, California, the tenant can complete the repairs themselves and deduct the cost from the rent payment. They must first notify the landlord in writing or verbally about the necessary repairs. If the landlord doesn’t respond, you can go ahead and complete the work. The repair deduction cannot exceed one month’s rent for her.
landlord is not responsible
A good lease agreement will be very clear as to what types of damage or repairs fall on the landlord’s list of responsibilities. The landlord is not responsible for repairs caused by the tenant, the tenant’s guests, or any member of the tenant’s household. Tenants are responsible for paying these repairs.
landlord’s rights
Landlords have the right to:
- Applicant for selection
- Collect security deposits and rent payments, as well as security deposits or payments related to pets, parking, or additional amenities
- Enter a tenant’s unit with proper notice or in an emergency
- Evicting a tenant for breach of tenancy agreement
- Use the security deposit for outstanding bills and repairs.
- Protect your assets through move-in and move-out examinations
The applicant screening process can be complicated and it is the landlord’s job to keep the information private. During the review process, landlords are allowed to:
- Interview with applicant
- Show government ID
- do a credit check
- Contact the applicant’s reference (previous landlord, employer, or personal reference)
- Confirm applicant’s monthly income
- Complete a criminal background check
List of Tenant Responsibilities to Landlord
Tenant responsibilities are the conditions that the tenant must comply with, as specified in the lease agreement. If the tenancy agreement is signed by the tenant, they agree to abide by its terms. Tenants must adhere to the end of negotiations.
Basic lease agreement I will explain:
- lease term
- rent payment
- Security deposit regulations
- Rent payment procedure
- use of property
- Penalty for non-payment of rent
- Evacuation requirements
- Lead paint disclosure
In addition to the lease agreement, it is the tenant’s responsibility to maintain the facility. of Uniform Residential Landlord Tenant Act Specifies what the tenant should do to ensure maintenance.
These responsibilities include:
Keep your unit safe and sanitary
Tenants must keep their units reasonably clean and in a safe condition. Units must be free of safety hazards such as blocked fire escapes or sanitation hazards such as pet excrement.
Comply with building codes and housing codes
Certain sections of local building and housing codes apply to tenants and focus on health and safety, such as relying on licensed plumbers or electricians to perform work governed by safety regulations. Tenants must comply with these sections.
How to dispose of garbage
Garbage should be disposed of regularly. Tenants are responsible for preventing the accumulation of trash and debris.
Properly operate all plumbing and electrical equipment
Tenants must use all plumbing, electrical, heating, cooling, or other facilities according to their intended use.
Maintenance of plumbing fixtures
Tenants must maintain all plumbing fixtures in good condition. This includes fixtures, showers and toilets.
Maintenance of electrical appliances provided by the landlord
If the Landlord provides such appliances, the Tenant is responsible for maintaining the dishwasher, stove, washer, dryer, refrigerator, or other appliances.
avoid damaging the unit
It is the Tenant’s responsibility to ensure that persons (guests, service providers, or others) who have been granted access to the Property do not damage any part of the Property. This includes basements, common areas, or backyards. It is the tenant’s responsibility not to remove, intentionally damage, destroy or negligently damage anything belonging to their property.
Respect the peace and quiet of other neighbors
Tenants and anyone they permit to their property must act reasonably so as not to disturb their neighbors. This includes refraining from children running around the property, yelling, or playing loud music.
Tenant Rights
When tenants rent their homes, they have rights and responsibilities specified in federal, state, and local rental laws. These laws also protect tenants if landlords fail to meet their obligations.
The Fair Housing Act and the Fair Credit Reporting Act specify tenant rights at the federal level, fair housing law Landlords say they cannot discriminate against tenants based on race, religion, national origin, gender, disability, and family status.
The Fair Credit Reporting Act protects tenants by ensuring that personal or credit information provided to landlords is accurate, fair, and private. For tenants, this means that landlords must keep all information collected from their tenants private and secure. They cannot sell or transfer it to other sources.
At the state and local level, tenant rights have to do with real day-to-day life: how you can use and maintain your rental property during your tenancy and what you can expect from your landlord.
These tenant rights include the following rights:
livable house
This means it must be a safe home to live in, with utilities, heat, and water available. Landlords must keep up with their repair responsibilities in order to keep their homes habitable.
Deposit refund
A landlord may require a security deposit from a tenant to pay for damages that the tenant or its visitors may have caused when the tenant moves out, and cover unpaid rent when the tenant moves out. . State law determines how the landlord can use the security deposit and when it must be returned.
Notice of eviction
If a tenant breaches a lease, they have the right to be notified to rectify the breach, pay the rent owed, or resolve the issue that caused the eviction. This right gives them time to present their side of the case by making amendments or filing an answer with the court. The tenant will be notified if If the tenant knows their rights, they can take legal action if necessary.
In rental properties, there are always questions about the responsibilities of tenants and landlords. Being educated about each other’s rights and obligations will help tenants and landlords build better relationships and make better decisions when issues arise.