Landlord Tips for Managing Property
2017-3-27 14:04:34, findlaw.com
Managing
a rental property can create numerous legal issues. One of the most important
aspects of supervising a rental unit is the prevention of problems before they
occur. Knowledge of the basic duties a landlord owes to tenants is one of the
first steps in warding off legal issues. The following landlord tips provide an
overview of the common legal issues faced by landlords.
Landlord Tip #1: Don't
Discriminate Against Prospective Tenants
A
landlord may not reject a prospective tenant for reasons that are
discriminatory. The Federal Fair Housing Acts prohibits a landlord from denying
an applicant because of race or color, national origin, familial status,
disability, or sex. A landlord may base a decision on the following factors:
credit history, employment history, and income. If a landlord decides to reject
an applicant because of information in a credit report, the Fair Credit
Reporting Act requires the landlord to provide the applicant with the name and
address of the credit reporting agency. A landlord should keep written
documentation of the reason a prospective tenant was rejected and the screening
process used should be applied consistently with each applicant.
Landlord Tip #2: Put a Landlord/Tenant
Agreement in Writing
One
of the most important landlord tips is to enter into a written rental agreement
with the tenant. Typical residential lease agreements specify important rental
terms that will guide the landlord/tenant relationship. The most important
provisions include the following: the names of the tenants, the length of the
tenancy, the amount of the security deposit, the party responsible for specific
repairs, whether pets may live in the rental unit, and the amount of rent. A
lease agreement should specify when rent is due, what form of payment is
acceptable, whether a grace period applies, and whether late fees and returned
check fees apply.
Landlord Tip #3: Regularly
Inspect the Property
A
landlord should inspect a rental property for dangerous conditions. When a
tenant sustains injuries on the property, the landowner may bear legal
responsibility. The law allows a person injured on a property to recover
compensation when the landlord behaved recklessly or with intent, was
unreasonably careless, violated health and safety regulations, failed to make
certain repairs, or the premises was inhabitable.
A
landlord should also be aware of criminal activity on and around the rental
property. In many states, a landlord is responsible for providing the
surrounding neighborhood with protection against illegal activity engaged in by
tenants. At the same time, the landlord must protect tenants from each other
and from criminals that enter the property. A landlord should make note of
reports of criminal activity on the premises and should provide security
features like deadbolts, security lighting, and locks on windows.
Landlord Tip #4: Notify Tenant
before Entering the Rental Unit
Every
state has different guidelines on when it is permissible for a landlord to
enter a rental unit, but most laws are based on the tenant's right of privacy.
Therefore, a landlord may only enter a rental unit for a few specific purposes.
Most states will permit a landlord to enter a unit to make repairs, inspect the
property, show the property to prospective tenants, or in the case of an
emergency. In all instances, except during an emergency, a landlord must
provide a verbal or written notice of the intent to enter the premises 24 hours
before the entry. An emergency, such as a gas or water leak, overrides the
requirement of notice.
Landlord Tip #5: Make Repairs Promptly
It
is a landlord's duty to repair and maintain a rental property in a way that is
fit for occupancy. The law refers to this as an "implied warranty of
habitability." Most states require rental units to provide tenants with
heating, plumbing, electricity, and gas. The failure to provide these basic
features is a violation of the law. When a tenant makes a request for repairs
to a necessary fixture in the unit and the landlord fails to make the repair,
the tenant has a several options. Most states will allow a tenant to withhold
rent, make the repair and deduct the cost from the rent, move out, inform state
or local building inspectors, or pay the rent and sue the landlord for the
difference of the rent and the real rental value of the property. If an injury
occurs because of the failure to make a repair, the tenant may sue the landlord
for compensation.
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