Landlord Rights and Responsibilities
Advice for Landlords
It is important to protect your rights and understand your duties when renting a property to a tenant. In order for both parties to succeed in a rental arrangement, the agreement should be well thought-out and understood by both parties. Most disputes in rental relationships arise when there is a misunderstanding regarding the rights and responsibilities of both the landlord and the tenant.
Move-in
A landlord is responsible for providing a clean apartment for the tenant to move into on the first day of the lease. In order to accomplish this the landlord should make sure there's a time gap between the prior tenant's moving out and the new tenant's moving in to allow time to clean and repair any damage. It is important that the landlord inspect the apartment prior to the tenant's moving in to note any damage and thus distinguish it from damage done by the new tenant.
Clean Apartment
A landlord has a right to expect a tenant to keep the apartment clean and in good repair, and to leave it in the same condition in which they moved in. The landlord can also expect a tenant to notify him of any damage to the apartment, to repair any minor damage, and to keep the apartment in good repair. If a tenant damages the apartment, or leaves it dirty at the end of the lease, the landlord has the right to deduct from the tenant's security deposit the cost of cleaning and repairing the apartment to bring it up to its original condition.
Common Areas
The landlord is responsible for the maintenance of any common areas such as stairways, parking lots and walkways. Such common areas should be in good repair, free from debris and well lit. While the tenants are responsible for keeping their homes clean and in good repair, the landlord is responsible for the maintenance and general safety of the common areas.
Heating and Plumbing
The landlord is responsible for keeping heating and plumbing systems in good condition and in working order. It falls to the tenant to notify the landlord of any problems encountered with heating or plumbing.
Security Deposit
A security deposit is money paid to the landlord to cover any damage or unpaid rent that is the responsibility of the tenant. At the end of the lease, this money should be returned to the tenant less the cost of any repairs or back rent. Most states require that any security deposit be deposited in an interest-bearing account, and that the interest earned on the security deposit be paid to the tenant at the end of the lease. Some states also cap the amount that can be held as a security deposit and require other steps to protect both the tenant and the landlord.
Rent
The landlord has the right to expect that the rent agreed upon be paid in full and on time. The landlord has the right to name the price, but cannot change the amount of rent during the term of the lease. The tenant has the right to expect that the procedures for paying rent be clear, and that any changes in the policies be announced clearly and with enough notice to comply.
Inspections and Repairs
The landlord has the responsibility to check for damage to the apartment and to repair problems. This means that the landlord has a right to enter the apartment to make reasonable inspections, and in the event of an emergency, to make repairs to limit damage to the apartment. For this reason it is important that tenants allow their landlord access to their home to prevent damage and to facilitate repairs to the premises.
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