{"id":75118,"date":"2023-02-28T15:00:34","date_gmt":"2023-02-28T23:00:34","guid":{"rendered":"https:\/\/www.redfin.com\/blog\/?p=75118"},"modified":"2023-03-02T15:38:49","modified_gmt":"2023-03-02T23:38:49","slug":"landlord-responsibilities","status":"publish","type":"post","link":"https:\/\/www.redfin.com\/blog\/landlord-responsibilities\/","title":{"rendered":"Tenant and Landlord Responsibilities: What You Need to Know Before Renting"},"content":{"rendered":"

Rental housing laws are in place to protect both landlords and tenants throughout the rental relationship. Whether the apartment is in Baltimore, MD<\/span><\/a>, or Tacoma, WA<\/span><\/a>, both parties need a clear understanding of their rights and responsibilities under federal, state, and local regulations. Rental property owners want to protect their property and operate a profitable business. While tenants want to live safely and peacefully in their rental home, be informed about their property, and be treated fairly. Tenants and landlords who take their responsibilities seriously will help keep the relationship friendly, constructive, and easier to manage in the long run.<\/p>\n

What do tenants need to know before renting<\/a>? The tenant-landlord relationship includes expectations for the tenant, like paying rent on time and honoring the lease agreement \u2013 plus keeping the property clean, safe, and habitable. On the landlord side, responsibilities fall into five broad categories: security deposit, disclosure of owner, delivering possession of the unit, maintenance, and liability.\u00a0<\/span><\/p>\n

Let\u2019s take a closer look at tenant and landlord responsibilities and how they affect each party.\u00a0\u00a0<\/span><\/p>\n

\"landlord<\/h2>\n

The lease agreement signed by the landlord and tenant explains the rights granted to each party. Landlords should know all of the terms in the lease and understand their rights. According to federal, state, and local laws, they should also know the responsibilities they agree to.\u00a0<\/span><\/p>\n

Landlord responsibilities to the tenant<\/span><\/h2>\n

What are landlords responsible for? The list of landlord responsibilities includes five areas: security deposit, disclosure of owner, delivering possession of the unit, maintenance, and liability.\u00a0<\/span><\/p>\n

Management of security deposit or prepaid rent<\/h3>\n

Every landlord has the right to charge a security deposit for their property rental. The security deposit is provided funds if the tenant breaches their lease, doesn\u2019t pay rent, or damages the property. State and local laws determine the maximum amount of security deposit a landlord can charge, what the security deposit can be used for, and when it must be returned.\u00a0<\/span><\/p>\n

Obligation to disclose owner<\/h3>\n

It\u2019s the landlord\u2019s responsibility to share certain information about the property owner to their tenants. The tenant doesn\u2019t need to know who owns the building, but they must be informed about the name and address of the person or people who collect rent, manage the building, make repairs, issue notices, or address complaints. This information should be part of the lease agreement and provided in writing.\u00a0<\/span><\/p>\n

Obligation to deliver possession of unit<\/h3>\n

This means having the unit vacant and ready for the tenant to move in on the date specified in the lease agreement. The landlord could violate the lease if the unit is unavailable to the tenant, and the tenant could take legal action.\u00a0<\/span><\/p>\n

In addition, if another individual, or previous tenant, does not have a legal right to be there but is still on the premises, the landlord may have to take legal action against this individual.\u00a0<\/span><\/p>\n

Obligation to maintain the unit<\/h3>\n

It\u2019s the landlord\u2019s responsibility<\/span> to keep the property well-maintained, clean, safe, and habitable for tenancy. The landlord must perform all necessary repairs, adhere to all building codes, keep all utilities, such as plumbing, electricity, heat, and water, in good working order, maintain common areas, and provide proper trash receptacles.<\/span><\/p>\n

Adds Alexandra Goldthwaite, Regional Vice President at HomeRiver Group<\/a>, \u201cLandlords have a number of obligations and legal requirements they must fulfill for their tenants, one of which is to maintain a habitable living space. This means ensuring that essential systems like plumbing, electrical, and heating are operating safely and effectively.\u201d<\/p>\n

Obligations subject to limitation of liability<\/h3>\n

If the landlord sells the property, they are relieved of their liability under the lease terms but must notify the tenant about new management or ownership. The new owner or landlord is now liable for the terms in the lease agreement and must adhere to any landlord-tenant laws.\u00a0<\/span><\/p>\n

In this situation, the selling landlord is still responsible for all security deposits and must return them in one of two ways.\u00a0<\/span><\/p>\n

    \n
  1. Transfer the security deposits to the new owner, minus any deductions for justified costs incurred, and notify the tenant in writing that this transfer has taken place.\u00a0<\/span><\/li>\n
  2. Transfer it back to the tenant, minus any deductions, and notify the tenant to pay the new owner or landlord.\u00a0<\/span><\/li>\n<\/ol>\n

    Landlord responsibilities may vary by state. Most states require a landlord to provide a 24-48-hour notice of entering the tenants’ premises to provide maintenance and repair services. The only exception is in an emergency such as fire, flood,\u00a0 and structural damage, in which case the landlord can enter at will.\u00a0<\/span><\/p>\n

    What are the landlord’s responsibilities regarding repairs?\u00a0<\/span><\/h2>\n

    HomeRiver Group\u2019s Alexandra Goldthwaite says \u201cLandlords are responsible for addressing repairs in a timely manner. When tenants report issues or damages, landlords should take prompt action to address them. The specific timeline for repairs may depend on the severity of the issue and local laws.\u201d<\/p>\n

    Indeed, landlords are responsible for keeping the property well-maintained and in safe, habitable condition. They must complete any necessary repairs<\/a> in a timeframe that\u2019s reasonable for both parties\u2013unless the damage or issue poses immediate health or safety risks to the tenants or makes the premise uninhabitable, as in the case of fire or flood. The time frame varies by state and severity of the problem.\u00a0<\/span><\/p>\n

    Many states have a 30-day allowance for fixing a general repair issue, while a severe issue should be fixed in three to seven days. For example, if a rental unit doesn\u2019t have heat or running water, the landlord may have 48 hours to seven days to fix the problem.<\/span><\/p>\n

    In some states, like<\/span> California<\/span><\/a>, the tenant can complete the repair themselves and deduct the cost from their rent payment. They must first notify the landlord in writing or verbally about the necessary repair. If the landlord does not respond, they can move ahead to complete the work. Any repair deductions cannot exceed one month\u2019s rent.\u00a0<\/span><\/p>\n

    \"apartment<\/h2>\n

    What a landlord is NOT responsible for<\/span><\/h2>\n

    A good lease agreement will be very clear about what types of damage or repairs fall under the list of landlord responsibilities. Landlords are not responsible for repairs caused by the tenant, a tenant guest, or a member of the tenant\u2019s household. Tenants are responsible for paying for these repairs.<\/span><\/p>\n

    Landlord rights\u00a0<\/span><\/h2>\n

    Landlords have the right to:<\/span><\/p>\n