What are the duties of a landlord?

Owning a rental property is a promising investment, but it comes with distinct responsibilities and potential challenges. Landlords must maintain a safe and habitable property, promptly address repairs, and ensure essential services. Respecting tenant privacy, complying with fair housing laws, handling security deposits appropriately and drafting clear lease agreements are crucial. Tenant screening, conflict resolution, legal compliance, insurance considerations, and effective communication are additional responsibilities. Staying informed about local regulations and seeking legal advice when needed are essential for successful property management and a positive landlord-tenant relationship.

See also: What are the rights of a landlord?

Landlord: Definition

A landlord is a property owner who leases or rents his property to another party in exchange for regular rent payments. Landlords can be individuals, businesses, or other entities, and they may engage in residential or commercial leasing, subject to zoning regulations and property type. The respective responsibilities and obligations of both parties are typically detailed in a lease agreement, providing a legal framework for the tenancy.

 

Types of landlord

Landlords come in various types, each with a distinct approach to property management, and understanding these differences is crucial for fostering a positive landlord-tenant relationship. The main types of landlords include:

Individual investors

Private individuals who own and rent out property, often as part of an investment or retirement plan. Their management style tends to be more personal and hands-on, with direct involvement in tasks like tenant screening and maintenance.

Real estate corporations

Companies specialising in owning and managing rental properties. They may have a diverse portfolio, including large apartment complexes, commercial buildings, and specialised spaces. Their approach is systematic and professional, involving teams of property managers, maintenance staff, and leasing agents.

Government agencies

Agencies focused on affordable or social housing, catering to lower-income families, seniors, or individuals with special needs. Their management style is regulated by policies and regulations, aiming to balance public service objectives with efficient property management. Examples include municipal housing authorities overseeing housing projects in cities.

 

Landlord: Duties

Landlords have specific duties to ensure a safe and habitable living environment for tenants. These duties include:

• Maintaining Habitable Conditions: Ensuring properties meet health and safety standards, providing essential services, such as heat, water, and electricity.

• Following Building Codes: Complying with local building and housing codes, a legal requirement for all landlords.

• Conducting Necessary Repairs: Taking responsibility for required repairs to keep the property in a habitable state.

• Handling Security Deposits Legally: Returning deposits within a legally specified period after tenancy ends, minus legitimate deductions for repairs or unpaid rent.

• Adhering to Anti-Discrimination Laws: Complying with fair housing laws that prohibit discrimination based on race, gender, religion, national origin, disability, or family status.

• Providing Notice Before Entry: Furnishing tenants with advance notice, as defined by state laws, before entering the property, except in emergencies.

• Legal Eviction Procedures: Following the legal process for eviction, including providing notice and obtaining a court order when necessary.

It’s essential for landlords to be aware of state-specific requirements and variations in these obligations. Non-compliance can lead to penalties, legal disputes, and financial consequences, emphasising the importance of landlords staying informed and adhering to rental property laws in their respective states.

 

Landlord: Rights

Landlords possess specific rights within the landlord-tenant relationship, including:

• Right to Collect Rent: Landlords are legally entitled to collect rent at intervals agreed upon in the lease agreement.

• Right to Evict Tenants: Under certain conditions, such as non-payment of rent or violation of lease terms, landlords can legally evict tenants.

• Right to Raise Rent: Subject to the lease agreement and local laws, landlords may increase rent, typically with proper notice to the tenant.

• Property Management Rights: They hold the authority to manage the property as they see fit, in compliance with local laws and regulations.

• Right to Access Property: Landlords have the right to enter the rented property for inspections, repairs, or emergencies, usually with prior notice to the tenant.

• Right to Screen Tenants: Landlords can legally screen potential tenants through background checks, ensuring suitability for their property.

• Right to Retain Security Deposits: In cases of property damage or unpaid rent, landlords can use the security deposit to cover these costs, within the legal limits set by state laws.

Understanding and exercising these rights within the legal framework is crucial for landlords to effectively manage their properties and maintain a fair and lawful landlord-tenant relationship.

 

What can’t landlords do legally?

Landlords are legally restricted from engaging in certain actions, including:

• Discrimination: Landlords are prohibited from discriminating against potential or current tenants based on protected classes, such as race, colour, religion, sex, national origin, disability, or family status, as mandated by laws like the Fair Housing Act.

• Improper Eviction: Evicting a tenant must follow specific legal procedures outlined by law. Landlords cannot forcibly evict tenants without a court order, and actions like changing locks, removing possessions, or cutting off utilities to force eviction are illegal.

• Unlawful Entry: Landlords must respect tenant privacy and typically provide notice, often 24 hours in advance, before entering a rented property. Exceptions may be made for emergencies, such as fires, ensuring landlords cannot enter a tenant’s space arbitrarily or without proper notice.

 

FAQs

Can a landlord charge you after you move out?

Yes, a landlord can charge you after you move out for specific reasons such as unpaid rent, property damage beyond normal wear and tear, or other breaches of the lease agreement.

What are a landlord’s rights when a tenant destroys property?

When a tenant destroys property, a landlord has the right to deduct repair costs from the security deposit and, if necessary, pursue legal action for damages exceeding the deposit.

Can a landlord charge for painting after you move out?

Yes, a landlord can charge for painting after you move out if it’s to cover damage beyond normal wear and tear or if specified in the lease agreement.

Can a landlord charge for maintenance?

Yes, a landlord can charge for maintenance, especially for damages or alterations caused by the tenant, as outlined in the lease agreement.

Are landlords responsible for maintenance?

Yes, landlords are typically responsible for maintaining their rental properties to ensure they are safe and habitable, as required by local housing codes and lease agreements.

What is a landlord’s liability for tenant injury?

A landlord may be held liable for a tenant’s injury if it occurs due to negligence in maintaining the property’s safety and habitability.

What are a landlord’s repair obligations in a rental agreement?

A landlord’s repair obligations typically include maintaining the property’s structural integrity and ensuring all essential services like plumbing, heating, and electricity are in good working order.

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com