Landlord Rights and Responsibilities
Housing prices have soared over the past few years, making buying a home more challenging, particularly for first time buyers, and this trend doesn’t seem to be abating. As a result, many individuals and families are choosing to rent rather than purchase, creating a hot rental market. This trend is also creating many first-time landlords. Whether you own large multifamily buildings or one apartment over the garage, being a landlord is a responsibility as well as an opportunity. Landlord responsibilities are codified in Federal, State and local laws, rules and ordinances. Some of the key things you need to know as a residential landlord are outlined below. However, rules and regulations vary from state to state and from town to town, so it’s important as a landlord to be familiar with your local rules and regulations.
Being a successful landlord starts with a clear, comprehensive Lease. The Lease creates the contract between the Landlord and the Tenant and documents the responsibilities of both parties. The clearer and more thorough the Lease, the better your Landlord experience will be. A few basics:
The Lease should be in writing and contain a description of the rental property. It must specifically identify the Landlord and the Tenant(s); the length of time the Tenant will be allowed to live in the property; the amount of the monthly rent and the total annual rent; the date the rent is due and any charges for late payments; the amount of the security deposit and the terms upon which it will be refunded; who is responsible to pay for what utilities and what, if any utilities are included in the rent; what, if any, appliances are provided by the Landlord; and the rights and responsibilities of the Tenant and the Landlord. In addition, the Lease should specify any restrictions on the use of the property, and any sublease restrictions. If the lease is for multiple years, any rent increases should be clearly stated, as well as whether or not the Tenant has the right to extend the lease and, if so, under what terms.
Your basic responsibilities as a Landlord include but are not limited to:
Comply with all applicable state and local building and housing codes
Providing a clean, fit and habitable rental unit
Clean, safe common areas (hallways, stairs, yards, entryways, etc.)
Safe, working appliances, plumbing, heating and ventilation systems
Safe stairways, porches, floors, ceilings and walls
Functioning exterior locks
Adequate, safe fire exits
Two electrical outlets per room
Viewing devices on exterior doors
Working smoke detectors
Appropriate receptacles for garbage and waste and their removal
Non-electronic option for Tenants to pay rent
Extermination services if infestation is present
In addition to the basic responsibilities summarized above, residential landlords in today’s environment must also be concerned about avoiding potential discrimination. Discriminating on the basis of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, status as a veteran, or as a victim of domestic violence, learning disability, physical or mental disability, or sexual orientation is illegal. Any person who feels that he/she/they has been discriminated against may file a complaint with the Commission on Human Rights and Opportunities. Complaints of this nature can be expensive and time consuming to defend.
This is a general overview of residential landlord rights responsibilities; it is by no means exhaustive. If you have questions, please feel free to contact me, Elizabeth Edwards, Law Offices of Elizabeth A. Edwards, LLC, P.O. Box 936 Georgetown CT beth@eeedwardslaw.com, 203-544-9945. Celebrating 35 years serving this wonderful community!
