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Both landlords and tenants have responsibilities that are laid out in the rental agreement and the law. Tenants are accountable for paying rent, notifying the landlord about any issues with the property, and ensuring the upkeep and cleanliness of the home.
As a landlord or property manager, you’re responsible for providing support in case of any structural or environmental damage and ensuring that the property meets established habitability conditions. It’s also essential that you provide security measures to safeguard the renter. In certain cases, you have the right to withhold the security deposit if there are property damages or ask for an eviction.
Keeping yourself informed is critical to prevent legal issues and other complications. So, we’ve compiled a list of responsibilities you need to comply with to guarantee tenant safety. We’ve also included useful links to regional state laws, so let’s begin.
Disclaimer: You shouldn’t take this blog post as legal advice. This article is a compilation of information regarding your legal responsibility for tenant safety. However, if you need legal assistance, be sure to consult a professional in your area.
A safe and habitable home is a legal right for every tenant. This means providing them with a warranty of habitability stating that your rental property meets basic living standards throughout the length of the lease.
As a property manager or property owner, ensure that the properties you manage consistently meet a range of essential conditions, including:
If a landlord fails to provide minimum habitability conditions, the tenant can ask them to terminate the lease before the initial agreement.
Note that these are just the baseline requirements. Each local housing code may require additional obligations. Tenant expectations can also vary, but if you prioritize these essential conditions, you’ll likely be on your way to fulfilling your legal obligations and building a positive landlord-tenant relationship.
Keeping a rental property up to standard isn’t just about aesthetics. You need to ensure your tenants’ ongoing safety and well-being in relation to the state of your home. This is why regular maintenance is so important—it can prevent minor issues from escalating into major hazards and costly repairs down the line.
While specific regulations vary depending on location, take a look at these universal safety codes and best practices that every property manager should follow:
In addition to the points we included on this list, it’s vital to adopt a proactive approach to maintenance in general. Doing so not only provides your tenants with a habitable and safe home, but helps you catch issues on time and reduces the possibility of bigger repairs—which are usually more expensive.
Since your tenants are the ones living in your property, establish a clear process for them to report any issues or maintenance requests so you can make the necessary repairs. You’ll then need to answer their requests in a reasonable amount of time and either address them or propose an alternative solution.
Pro tip: Install a multipurpose Minut device and use it for cigarette smoke detection, which, when excessive, can damage your property’s walls and leave a lasting smell. Preventing tenants from smoking on your property is another way of maintaining it over time.
Despite running background checks, sometimes it’s impossible to predict tenant behavior. However, landlords may be held responsible for crimes that third parties carry out on their property if it affects other people who live close by.
This means that even when you have nothing to do with criminal activity, you can be liable if it happens on a property that you’re managing due to poor security measures.
State and local laws outline specific requirements, such as installing deadbolt locks, adequate lighting, and window locks.
Landlords may also be held liable for crimes that are committed in the area that surrounds their property if they fail to address those safety concerns. For example, if a tenant was assaulted in a poorly lit parking lot that the landlord knew was dangerous, the landlord could be held responsible for not taking action to mitigate those unsafe conditions.
Security measures you should take to minimize liability and inform tenants of any safety concerns include:
You’re also legally obliged to accommodate disabled tenants’ needs, which may include modifying security features for their accessibility. This could involve installing ramps, widening doorways, or providing alternative security measures that are easy for individuals with disabilities to use.
To prevent liability, you may want to take several precautionary steps:
Pro tip: Use Minut devices as your home alarm and get notified whenever a window breaks, there’s motion detected in an empty property, or someone tries to tamper with the device.
While you should focus on proactively securing yourself, your tenants, and your property as a general rule, it’s always a good idea to protect yourself financially in case of legal issues. This is when liability protection comes into play.
Get landlord insurance to mitigate the potential financial risk that could arise as a result of legal or safety complications. Look for a policy that includes:
It’s important that you get the right kind of insurance to protect your business. A homeowner insurance policy may not be enough as it might not reimburse you for any issues that happen while you’re renting the property. If you’re renting out your property as a business, you’ll need a business insurance policy.
Beyond insurance, landlords should also proactively manage other financial responsibilities to avoid any legal issues. These include paying the mortgage, the correct amount of taxes, and utilities on time.
Essential utilities must always function well and be accessible to tenants. This includes water, sewage, electricity, and sometimes even garbage collection. However, specific responsibilities can vary depending on local laws and the terms of your lease agreement.
In some multifamily properties, especially smaller units like duplexes or triplexes, utilities are usually billed via a master meter. That means you’d receive a single bill for the entire property and would then divide the cost among tenants.
This arrangement can be convenient for tenants because they don’t need to set up individual accounts with each utility provider. However, be sure to guarantee that there’s a fair and transparent system in place for allocating utility costs per unit and ensuring equitable billing.
Approach this billing distribution by:
Regardless of the billing method you choose, be sure to comply with local utility billing and disclosure regulations. This could include providing tenants with estimates of utility costs, disclosing the billing method, and ensuring accurate and timely billing.
If you want to discover the specific landlord responsibilities for tenant safety in your state, check out these quick links:
In property management, guaranteeing tenant safety is more than a legal obligation. A good relationship with tenants invites them to openly communicate any maintenance or safety issues that might come up. This, in return, allows you to act fast and ensure the sustainability and efficiency of your business over time.
Plus, guaranteeing a habitable rental unit that follows safety regulations isn’t a nice to have, but a legal responsibility.
Despite being a good landlord, running background checks, and protecting your property, accidents can happen. So, getting liability insurance for your business is essential in case you need to get reimbursed in the case of legal action or environmental accidents.
Another effective way to protect your home is by using Minut. These devices can act as your home alarm, mold inspectors, and cigarette smoke detectors to prevent accelerated wear and tear.
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