It’s always good to enter a new rental agreement with a clear understanding of both tenant and landlord rights and obligations. This knowledge helps renters avoid potential disputes and ensures they can effectively address any lapses in the landlord’s duties.
So, Point2Homes took a closer look at what a landlord can and can’t do during tenancy, as well as the responsibilities they’re obliged to carry out.
An Overview of a Landlord’s Rights & Obligations
The rights and responsibilities of a landlord vary by location. However, certain general rules apply broadly, meaning landlord rights typically include:
- The right to collect a security deposit: The amount and conditions for retaining it are usually regulated by local law.
- The right to collect rent on time and issue any late fees or penalties that are detailed in the lease agreement.
- The right to evict tenants who don’t pay the rent: In case of nonpayment, landlords must follow proper legal procedures.
- The right to evict tenants for other breaches of the contract: Breaches of the lease agreement, such as property misuse, can justify eviction.
- The right to inspect and maintain the property: With prior notice to tenants, landlords can enter the unit to perform inspections or necessary repairs.
On top of these legal rights, a landlord is legally bound by several responsibilities and obligations designed to protect the tenant. Tenants should carefully review their lease agreements to understand the specifics that apply in their area.
Generally, landlords are required to:
- Provide and maintain a habitable living environment: The rental property must offer essential amenities such as running water, electricity, heating, secure doors and windows, and a pest-free environment.
- Respond to repair requests promptly: Timelines may vary, but urgent issues (such as broken heating) are typically addressed within 3–7 days, while less significant problems are usually addressed within 30 days.
- Manage security deposits according to local law: For example, in many jurisdictions, landlords must store deposits in a separate account and provide a receipt.
- Ensure the property is clean and vacant at the start of a tenancy: This creates a fair starting point for both parties.
What to Do If a Landlord Ignores Their Responsibilities?
If your landlord is ignoring or neglecting their legal responsibilities, several options are available:
- Withhold rent: In some areas, tenants may withhold rent if critical issues, like heating or plumbing, remain unresolved. Always check local laws before taking this step and document the issue thoroughly.
- File a complaint: Many areas have housing authorities where tenants can report violations of housing codes or unsafe conditions.
- Seek legal action: If a landlord’s negligence causes injury or significant loss, they may be held liable in court. In case disputes escalate, make sure to always document incidents, including photographs, correspondence, and related repair requests.
4 Things a Landlord Cannot Do
1. Evict Tenants Without Legal Process
While landlords can evict tenants for various serious reasons, there are many more circumstances in which they cannot. Be sure to read through your lease agreement to see what applies to your situation.
Evictions must comply with local laws, which typically involve notice periods and court filings. Illegal evictions, such as lockouts or shutting off utilities, are grounds for legal action. Failure to do so can lead to legal action against the landlord.
2. Raise Rent Without Proper Notice
In case of rent increases, landlords are required to give proper notice beforehand. Rent increases require advance notice, usually 30–60 days, depending on local laws. In areas with rent control, increases may be capped at a specific percentage, or rent control laws may ensure landlords can’t increase the rent above a certain limit.
3. Discriminate
Anti-discrimination laws, such as the Fair Housing Act, are in place to prevent landlords from denying housing to a potential tenant based on: race, gender, familial status, disability, religion, sexual orientation, or other protected characteristics.
4. Enter the Unit Without Proper Notice
Even though they own the property, landlords must generally give a tenant at least 24 hours’ notice before they can physically enter. Exceptions may be in place for emergencies, such as a fire or major leak. Notably, tenants can refuse entry if proper notice isn’t given.
Maintenance Tasks a Landlord Is Responsible For
For many tenants, maintenance is one of the main areas of confusion due to the overlap between what landlords are legally required to handle and what tenants are expected to address. Landlords are generally responsible for:
1. Basic Utilities
First, landlords must ensure their property offers the basic utilities required to make a home habitable. Running water, heating, and hot water are all deemed necessary, and tenants should never be left without them.
2. Issues With Structural Integrity
Major structural elements will almost always be down to the landlord to take care of, from the roof, down through the supporting walls, all the way to the foundations.
3. Other Major Repairs
From plumbing problems to faulty wiring and broken windows, any major repair caused by wear and tear or an accident that wasn’t the renter’s fault must be taken care of by the landlord.
4. Safety & Security Features
Landlords are required to maintain and fix all the elements that ensure the safety of the inhabitants, such as door and window locks, fire alarms, smoke detectors, and carbon monoxide sensors.
5. Appliances
Appliances provided by the landlord are to be maintained by them. This normally includes appliances such as refrigerators, washing machines, and stoves.
6. Common Areas
In the case of multi-unit properties, the areas that are shared between the residents of a building (such as a courtyard or entry hall) should be maintained by the landlord. It’s their responsibility to ensure such areas comply with local regulations and are kept safe and clean.
7. Mold & Mildew
It’s down to the landlord to treat any issues with mold or mildew. Often found in damp, dark areas, it could suggest a larger problem, such as a leak or further structural problems, which they are also responsible for.
8. Pests
The landlord is usually responsible for dealing with pest issues unless they are caused by tenant negligence. If the tenant’s actions — such as poor waste management — have enabled pests to enter the home, it might be down to the tenant to remove them.
Maintenance Tasks a Landlord Isn’t Responsible For
Since they own the home, it’s easy to assume that the landlord should bear responsibility for all maintenance issues. However, this isn’t always the case.
While the landlord must maintain and fix a wide range of things, there are some things that tenants actually bear responsibility for. For the most part, any damage caused by the renter or another member of the household, including pets, is down to them to fix. This applies to property damage and damage to appliances alike.
Tenants may be responsible for:
- Repairing damage caused by their own actions or those of guests or pets: Services that are rendered unusable due to renter actions are also down to the renter to fix. For example, if a renter continually flushes prohibited items down the toilet and causes a blockage, they’ll bear the cost to have it fixed.
- Minor upkeep, like replacing lightbulbs or clearing clogged drains: Minor maintenance jobs are often handled by the tenant. However, some leasing agreements might require landlord intervention for such smaller tasks as well.
- Maintaining private outdoor space: If the home has private outdoor space, the tenant is responsible for basic yard work and maintenance, if so specified in the lease. This can extend to mowing lawns and shoveling snow from the sidewalk in front of the home.
- Leave the property in a clean and habitable state when moving out: This includes general cleaning, removing personal belongings, and addressing minor damages to ensure the property is ready for the next tenant.
Most importantly, local regulations can impact the rights and obligations of both tenants and landlords. Always review the lease agreement and consult local housing authorities to ensure compliance with applicable laws. By simply understanding these guidelines, renters can set realistic expectations, protect their rights, and foster a smoother rental experience.
Featured image: fizkes/Shutterstock.com
