Landlord responsibility for tenant safety: Guide for property managers

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.

Conditions and habitability

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:

• Reliable heating and cooling systems. Tenants must be able to regulate and maintain a safe and comfortable home temperature, regardless of the season. Guarantee that furnaces, air conditioners, and other climate control systems are functional and receive regular service.

• Adequate hot water. A steady hot water supply is both a convenience and a need for basic hygiene and sanitation. It’s your responsibility to maintain water heaters and address plumbing issues promptly in case they break down. In some cases where the tenant causes damage to these systems, it’s their responsibility to fix them. 

• Structural integrity. Your property’s structure needs to be sound and in top condition to protect tenants from the environment and potential hazards. This includes consistently monitoring and maintaining the roof, walls, floors, windows, and doors.

• Environmental safety. Properties must be free from environmental hazards such as asbestos, lead-based paint, and mold. Be sure to conduct regular inspections and remediate the situation quickly if you find any hazards. Installing a Minut device to monitor the indoor climate allows you to stay on top of humidity levels and potential mold risk without having to bring in an inspector every year.

• Security measures. Tenants have the right to feel safe in their homes. That means providing adequate security measures, such as functioning locks on doors and windows, enough lighting in common areas, and, in some cases, security systems or personnel.

• Accessibility measures. You can’t discriminate against anyone who wants to buy or rent a home, according to the federal Fair Housing Act. This includes race, religion, color, sex, origin, handicap, or familial status (including pregnant people). Disabled individuals are allowed to make reasonable structural changes to the property to be able to move freely around the home. However, these adjustments can’t impact others’ security.

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.

Maintenance

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:

• Carbon monoxide and smoke detectors. Carbon monoxide detectors are life-saving devices that measure the levels of carbon monoxide inside the home. They must be installed in every property, function correctly, and get inspected regularly—especially in properties that use gas or propane. Smoke detectors are equally crucial to safeguard tenants. Consider establishing a schedule to replace the batteries and run tests to ensure they’re working correctly.

• Lead paint disclosure. For properties built before 1978, landlords are legally obligated to disclose the presence of any lead-based paint. It’s also the landlord’s duty to provide tenants with informational pamphlets about this heavy metal’s potential hazards.

• Mold remediation. Mold is risky for two reasons. It affects people’s health and respiratory systems, and it’s an indication of potential underlying moisture issues. Usually, when you discover it promptly, mold is easy to remedy by finding the root cause of the issue. However, if you wait long enough, it may grow roots and be harder to eradicate.

• Window locks and guards. In many jurisdictions, window locks and guards are mandatory safety features, especially for windows that are accessible to children. Ensure these are in place and functioning properly according to your local ordinances to avoid putting tenant security at risk. 

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.

Criminal activity

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:

• Conducting regular security assessments to identify vulnerabilities
• Installing security cameras, alarms, or other deterrents
• Providing tenants with safety tips and resources
• Promptly addressing any reported safety concerns

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:

• Thoroughly screen prospective tenants to identify potential risks
• Include clauses in lease agreements that forbid illegal activities
• Stay aware of suspicious activity and report it to authorities where appropriate
• Hire a reputable property management company with references

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.

Liability protection

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:

• Property damage coverage. This protects your property’s physical structure by covering damages related to fire, natural disasters, and vandalism.

• Liability protection. This safeguards you from lawsuits if a tenant or guest gets injured on the property. It also covers legal fees, medical expenses, and potential damages awarded to the injured party.

• Loss of rental income coverage. This reimburses you for any lost rental income in case the property becomes uninhabitable due to a covered event, such as a fire or major repairs. 

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.

Utilities

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:

• Using the ratio utility billing systems (RUBS). Allocating utility costs based on factors like the unit’s square footage or the number of occupants.

• Submetering. Installing individual meters for each unit, which allows property owners to track each tenant’s usage. It’s more expensive to implement, but very precise.

• Charging a flat fee. Charging a consistent amount as part of the monthly rent. This approach can result in landlords paying extra for tenants with different usage patterns.

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.

Useful links

If you want to discover the specific landlord responsibilities for tenant safety in your state, check out these quick links:

• Massachusetts landlord responsibilities. Explore the unique rights and responsibilities that you may have if you rent out properties in Massachusetts. For instance, you need to conduct an inspection before putting it up for rent. 
• Montgomery landlord rights and responsibilities. In Montgomery, you have the responsibility of presenting the property clean and free of vermin and rodents. 
• Illinois rights and responsibilities for tenants. In Illinois, tenants can’t make alterations (for example, painting walls) to the property without the approval of the landlord.  
• California law for local tenants. This file disclosed the rights and responsibilities of both renting parties. For instance, in California, landlords can’t disregard a tenant if they had an arrest that didn’t result in a conviction.

Protect your tenants while protecting your business

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.