As a property manager, you should constantly adhere to the established conditions, rules, and regulations. These regulations are known as landlord-tenant legislation.
Landlord-tenant laws define the basic nature and operation of the landlord-tenant relationship. These laws are relevant outside of the partnership as well. Additionally, they have the authority to govern the rental agreement or lease.
The legislation outlines the rights and responsibilities of landlords and tenants. People who own rental properties, commercial properties, self-storage units, or any other property a landlord handles may be subject to.
The very minimum of knowledge about renting, including how to pay rent, collect the security deposit, and much more, is required of both parties to ensure compliance with these regulations. A basic understanding of local and state legislation on fair housing, discrimination, and the enforceability of written rental agreements is also required.
The tenant also has a vested interest in these laws, so keep that in mind. Landlord-tenant laws can help tenants better understand their rights as renters, including those regarding safety, security deposits, and written notices. Additionally, tenants can learn more about the Tenant Act, which gives them additional rights and protections.
For landlords, these statutes lay down the rules for everything related to property management, from how to treat tenants with dignity and respect to how to remove them from the property if they violate the terms of the lease.
1. The Fair Housing Act and Discrimination
Whether you are posting ads, conducting tenant screenings, or establishing apartment regulations, you must adhere to Fair Housing laws and ensure that all policies and actions apply to all individuals (with appropriate documentation) so that they cannot be seen as affecting only some.
It is illegal to treat prospective or current tenants unfairly because they belong to one of seven legally protected classifications, according to the Fair Housing Act:
- Origin country Ethnicity Color
- Religion, disability, and familial status
- The safeguards outlined in the Fair Housing Act are the bare minimum. Income sources (e.g., wages, child support, alimony, unemployment, welfare, disability payments, etc.) are another potential extra-protected class that states and municipalities can establish.
2. Laws Regarding Lease Documents
A critical obligation is the provision of a legally enforceable lease agreement and associated documents (such as notices). The leasing agreement is particularly relevant if you choose to enforce any provisions of the renal. These papers must respect the laws of the land and the nation. There needs to be a clear indication of the leasing time, monthly rental costs, and tenant names.
Included in the lease should be all the essential details about the tenancy, such as the address of the property, the date of move-in, the length of the tenancy, the amount of the deposit, the amount of the rent, the due date, and the frequency. You can also provide the preferred method of rent payment, emergency contact information, and the process for tenants to submit repair requests.
Disclosures required by law, such as information about a security deposit, are not always optional. Be sure to include all necessary provisions in the lease, such as a notice to tenants to get renters’ insurance, a description of the tenant’s responsibilities regarding maintenance, a policy regarding pets and smoking, a schedule for late penalties, and a grace period.
There can be no proof of an agreement to the tenancy’s regulations without a legally enforceable lease instrument. Therefore, it will be very difficult to evict a renter who does not pay rent or causes damage to the property.
A lawyer or online legal papers service, like Rocket Lawyer, can help you draft a unique lease agreement, or you can start with a template.
3. Notices and Disclosures That Are Necessary
Landlords are obligated to disclose information regarding certain matters in addition to federal disclosures, such as lead-based paint disclosure:
- Disclosure of lead paint. Lessees and buyers are required by law to receive a lead hazard information booklet, and landlords must include lead-specific language in every lease or contract they enter into. Landlords must also disclose any information they have on lead-based paint dangers.
- Threats to the environment. Things like methamphetamine contamination, asbestos, mold, bedbugs, and frequent pest management are just a few examples.
- Find the flood zone or assess your liability for floods.
- Any other fees, such as those for pets (where permitted), are not refundable.
- Policy on smoking
- Where to put smoke detectors and how often to service them.
- The proximity of military installations, such as an American army base.
4. Maintain a Risk-Free Habitat
Landlords are obligated to ensure that their tenants live in a habitable space according to the implicit warranty of habitability. In other words, the rented property ought to be in livable shape and free of hazards. It needs to be in good repair structurally, have working plumbing, power, and heating, and be pest- and debris-free.
Landlords are also required to install certain safety features in certain areas. Peepholes for front doors, deadbolt locks for exterior doors, window locks, carbon monoxide and fire detectors, and fire extinguishers are all examples of what may be considered safety features.
Tenants have the right to terminate the lease, withhold rent until the property is habitable, or find another place to live if yours is determined to be unfit for habitation, which could put you in a legal bind.
5. Upkeep and Repairs
The property must be kept in a habitable condition throughout the tenancy by proper maintenance.
General maintenance tasks like cleaning, trash disposal, and mold remediation resulting from moisture (excluding structural issues) are the responsibility of the tenants. By the terms of the lease, they must also notify the landlord of any necessary repairs. It is the landlord’s responsibility to promptly react to maintenance requests and coordinate the necessary repairs.
As we discussed before, tenants have the authority to demand repairs or, in extreme cases, to cancel the contract if their rental apartment is uninhabitable.
6. Privacy Rights
The right to quiet enjoyment of one’s rented home is a fundamental human right. Landlords should take note of two aspects regarding this.
To start, landlords have no right to randomly enter a tenant’s apartment. Rather, they can only enter in the following circumstances: an emergency (such as a fire in the apartment), with the tenant’s permission (to make a requested repair, for example), routine inspections, or when exhibiting the property.
Unless there’s an immediate danger, landlords are required to provide sufficient notice. In most cases, the landlord must provide the renter with written notice at least one day before the entrance.
Second, if other tenants or neighbors are making a nuisance, landlords must investigate complaints and, if necessary, take appropriate action.
In the end!
Every property manager needs to be familiar with these five laws. The interactions between landlords, property managers, and tenants are governed by a myriad of different documents. The rental business relies on these laws to keep everyone on the same page and safeguard their rights.
The 2024 virtual Men’s Round Table will be held Q4, 2024, date TBD.
