Basic Landlord Obligations
The essence of landlord-tenant laws is to regulate the landlord obligations, rights, and relationships of the homeowners and their tenants.
Although there are differences in the laws in each state, a few rules and landlord obligations are universal.
In regards to relationships with renters, the following are the five fundamental landlord obligations for each house owner:
- Security Deposit
- Disclosure of Owner
- Delivering Possession of the Unit
An obligation to handle security deposit
The security deposit is the basis of the first landlord obligation of each house owner towards their renters.
It is within the right of each landlord to charge a security deposit.
However, the homeowner does not own the deposit.
Besides, its main advantage for landlords is that it serves as a type of security that covers the landlord.
Therefore, if the renter violates the lease terms, destroys the rental property or does not pay rent.
One of the most important tips for landlords is that they must adhere to the state and national regulations concerning the security deposit.
For example, if the state has a particular maximum limit for the deposit, a landlord must never exceed the limit.
Other aspects of security deposit that are effectively regulating include how to store the deposit.
When to refund the deposit, and what must be done if the property is sold.
Failure to adhere to these regulations can attract some legal consequences.
An obligation to disclose the owner
The landlord obligation is to disclose essential sets of information about whoever owns the property.
Whether the signer of the lease agreement is an agent, house owner, or landlord, such a person is responsible for disclosing the owner’s information.
What information should be disclosed?
This includes the name and address of the homeowner or any persons in charge of rent collections, repairs or other sorts of issues regarding the house.
How should the information be disclosed?
The disclosure should come in a written form.
Also, it should come before the start of the tenancy.
In the case of any modifications in the disclosure, notifications regarding the modifications must be sent to the tenant.
What is the essence of the disclosure?
The essence of the disclosure is to allow the renter to understand the person.
To get in touch for maintenance needs, rent collections, and various legal problems.
The individual collecting the rent will be responsible for managing all issues.
Regarding the rental property if the owners’ information is not disclosed.
An obligation for delivering possession of the unit
Another thing that property owners must do is that they must offer possession of the apartment to the renter.
In other words, the unit must be vacant for the renter on or before the agreed move-in date.
If this obligation is not honoring by the landlord, the tenant has the right to seek legal assistance.
If the tenant houses a squatter or any person who is not legally staying in the apartment.
Besides, it is within the right of the homeowner to seek legal action.
This is an important tip for house owners as they can get compensation for damages.
An obligation for maintaining the unit
A property owner has an obligation to maintain the property for the renters.
This obligation includes ensuring that the rental is safe, livable, and clean.
Besides, it is important for the homeowner to oversee all essential repairs.
However, they should take care of common areas and services like electricity and plumbing.
Similarly, there should be adequate provision for running water and trash receptacles.
Obligations for adhering to the limitation of liability
A homeowner’s obligation is to adhere to the landlord-tenant laws such as following the lease terms.
However, in lots of states, if a landlord sells a property, the liability is transferring to the new owner.
Otherwise, the manager and the tenant must duly inform in a written form.
The new owner must adhere to the lease agreement.
As regards the security deposit of the renter, the landlord can do one of these two things:
- Send written notification to the tenant and give the deposit to the new landlord.
- Give the security deposit to the renter after removing all allowable deductions.
For more information and books for landlords on understanding their fundamental obligations, contact Reneza.