Rights and Responsibilities of Landlords Text Size:

Instead of selling a piece of residential property that you own, you might be considering renting it. Or, maybe you're thinking of buying rental property, like an apartment complex or even a single family home. Renting property can be a profitable business.

But, before you jump head first into the business of being a landlord, you should know about a landlord's rights and responsibilities with respect to various things, such as:

• Security deposits
• Maintenance and repairs
• Entry or access to the home

Many of the rights and responsibilities of landlords are controlled by the laws of the state where the property is located, so be certain to check the laws in your area, or get some help from a real estate lawyer, before you sign a lease with a tenant.

Security Deposits

Often, landlords include a requirement in their leases that their tenants pays a "security deposit".This deposit is to help make sure that your tenant pays rent-the tenant's main obligation to you-and that damages caused by your tenant are paid for. So, if the tenant misses a rent payment or causes any damage to the home, you can make deductions from the deposit to cover those costs.

However, you'll need to provide the tenant with a detailed list of the deductions you made. Generally, you can't take deductions for normal wear and tear, such as worn carpet paths, but you can take deductions for burned or pet-stained carpets, however. Any balance must be returned to the tenant, usually within 30 days after the lease ends.

It's a good idea to have pictures of the premises, or a list of pre-existing, known damages, before you sign a new lease so that a new tenant can't claim that he or she didn't cause new damage.

Maintenance & Repair

Generally, as a landlord, you are responsible for major repairs that impact the habitability of the home, that is, it must be livable.

Maintenance and repairs that arise from day-to-day use should be addressed in the lease, such as who's responsible for:

• Mowing the lawn and shoveling snow from the sidewalk or driveway
• Minor repairs, such as dripping faucets
• Paying utilities, such as water, gas, electric and telephone services

Closely related to the maintenance and repairs issue is the implied warranty of habitability: in most states you have the responsibility to make sure that the premises are safe and livable for the tenant. This usually includes things like structurally sound roofs, floors, and stairs, adequate heat and clean water, and safe electrical and plumbing systems. Often, state law or local building codes set the standards of repair or fitness for these parts of the home.

Access to the Premises

As a landlord, even though you own the property rented by the tenant, you generally don't have unrestricted access to it. In most states, you have to notify the tenant before you show up or enter the home. Typically, you have to give 24 hours' advance notice. After notice, you can usually enter to make repairs, check to see if repairs are needed, or show the home to prospective renters.

It's a good idea to list in the lease when you can enter the premises. Sometimes, state law will provide when you can enter with notice.

In most states, you can usually enter the premises without notice only when there's an emergency, such as a fire or broken water pipes, or when the tenant gives his or her permission.

Safety

Generally a landlord has a duty to take reasonable measures to protect tenants from foreseeable criminal conduct of third parties. In most instances, you'll be held liable when you fail to maintain fairly simple, inexpensive items, such as locks. However, if you provide more extensive security services, like an alarm system, you could be liable if the system fails and the tenant suffers damages.

In addition, there are several instances when you might be liable for damages sustained by a tenant as a result of the condition of the premises, such as:

• Fraudulent concealment of a dangerous condition existing at the time of leasing, such as rotten wood in the floor or stairs
• Negligence in the making of repairs
• Failure to make repairs

In addition, you have a duty to warn tenants and others lawfully on the premises of dangerous conditions known to the landlord, or which would be known to the landlord upon reasonable inspection. However, you're not required to warn of obvious outdoor hazards, such as snow or ice, unless the you did something that hides the danger or increases the risk of injury, such as removing only some of the snow and ice.

Insurance

It's your responsibility to insure the rental property against losses caused by things such as fires and natural disasters, like floods and tornados. Tenants are not required to carry insurance that benefits landlords, and any renters' insurance a tenant buys will cover only his or her personal losses, not yours.

Pets

You have the right to bar a tenant from bringing pets into the leased premises. Alternatively, you can allow pets in exchange for increased rent or an increased security deposit so as to protect yourself from pet-related damages. The lease should have a clear provision regarding pets.

However, you can't enforce a "no pet" clause against a tenant who has a service animal, such as a "seeing eye" dog. Such a refusal is unlawful discrimination under the Americans with Disabilities Act (ADA), as well as most states' anti-discrimination laws.

Lead Paint

If the premises were built before 1978, federal regulations require you to tell tenants about the presence of known lead-based paint or lead-based paint hazards before the lease is signed. Failure to do so can lead to civil and even criminal penalties.

Questions for Your Attorney

• Are there detailed laws that tell me the amount of money I can require of my tenants for a security deposit and what damages to the rental property I can use the security deposit to pay for, other than missed rent?
• Can I require a tenant to get renter's insurance before I rent to him or her?
• My upstairs tenant refused to let me enter the premises after I discovered a leaking water pipe. Now the downstairs apartment has water damage to the ceiling. Can I make my upstairs tenant pay for the damage?
• I think one of my tenants is growing marijuana in his apartment. Can I go in and look around while he's at work?

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