Landlord obligations to tenant and property-owner are used to secure the landlord-tenant rights from exceptional (future) consequences. These obligations function similar to a blueprint for both proprietors as well as tenants which covers all the interactions, obligations, and rights of both parties from the day of dealing with property acquisition.
In the US, every state provides citizens with Landlord-Tenant Law with minor changes of landlord responsibilities and duties. In general, some major onuses cover it all!
In this article, we are going to cover five basic obligations of landlord-tenant law that every proprietor and renter should follow as per the Legal Information Institute.
Five basic obligations of landlord-tenant law
Here are the obligations that lie under Landlord-tenant law, chapter 5:
- Landlord obligations for Security Deposit
- Disclosure of Owner under Landlord obligations to the tenant
- Unit Delivering Possession under Landlord-tenant law
- Unit Delivering Possession under Landlord-tenant law
- landlord obligations for Liability
1. Landlord obligations for Security Deposit
The primary obligation for a proprietor is to ensure the security of the tenant’s deposited amount. The proprietor has to follow all Landlord obligations for huurwaarborg under state laws.
Security deposit works as a form to secure future consequences (if occur) in terms of failure to pay rent, property damage, or any breach in property agreement. Though the security deposit does not belong to property owners, a proprietor may charge tenants for the security deposit.
When it comes to property leases, if the tenant fails to pay the deposit fee, the proprietor is allowed to invest money and make goods to assure the performance of tenants. No matter how much money is used to ensure the tenant’s performance, a property owner is supposed to repay the amount when the property lease ends.
Moreover, if no legal agreement is there for rented property, a landlord is obliged to pay an interest fee in security deposit after the end of the property lease.
Besides this, a landlord cannot decide himself a maximum security deposit amount. Every state has its defined security amount.
Finally, if the tenant is a student, a proprietor is not allowed to enforce a student for the security deposit.
2. Disclosure of Owner under Landlord obligations to the tenant
The second Landlord obligation for a proprietor including the property owner, landlord, or third party agent is to disclose all sensitive information about the property owner. A property dealer who signs the property acquisition agreement with the property renter is responsible for this disclosure.
The sensitive information may include the names and addresses of the proprietor who acts as an owner of the property and has the power to change, alter, or modify the agreement and other dealership aspects such as property management, collecting rent, making building repairs, addressing complaints or dealing with severe (and every day) notices.
Where the proprietor has the right to deal with every aspect of dealings, he cannot just change anything without in the agreement without informing the renter.
Precisely, this disclosure help tenants to be aware of the actual owners of the property and make requests in legal concerns.
3. Unit Delivering Possession under Landlord-tenant law
The third obligation under the Landlord-Tenant Act of property transfer is to return the home to the tenant. This means that the unit is vacant on the move-in date specified in the property leased for the intended tenant. If the accommodation is not provided to the tenant on the indicated move-in date, the tenant can claim for legal action against the proprietor, property owner, or the landlord for breach of property lease.
In addition, if there is a resident in the building or an apartment or any other person who has no legal right to occupy the property, the landlord proprietor, or property owner can take legal action or claim court against that individual. The landlord can receive compensation for this act according to court decisions.
4. Landlord responsibilities for Maintenance
A landlord, property dealer, or owner is responsible for maintaining the property for a tenant. This includes, but is not limited to, keeping the property (building) clean, well furnished, safe, and livable. The owner or landlord must comply with all building codes as per the city codes, maintain common areas, make any necessary repairs, keep all vital services; for example, electricity, plumbing, and heat supply in virtuous working conditions provide suitable bins for garbage and ensure proper or timely running water (supply).
5. Landlord obligations for Liability
The landlord is obliged to comply with the obligations laid down by the landlord-tenant law. This includes complying with the terms and conditions of the rental agreement.
In almost every US state, a landlord is released of this obligation once he sells the rented property and notifies the tenant in formal writing that the accommodated property is under new management, dealer, or ownership. The new proprietor then becomes responsible for complying with the terms and conditions of the leased property and for compliance with the landlord-tenant state law.
The old landlord or proprietor who received the security deposit (for instance) is still accountable for the tenant’s security deposit. The property owner generally has two choices:
- Transfer the security deposit amount to the new landlord minus any permissible deductions and notify the tenant in formal writing that the new landlord or property owner is in security deposit possession. The old owner is then released from any other liability.
- Return Renter’s Deposit to the tenant after deducting allowable amount.
- Repairs to interior and exterior of the property including heating and water systems, sinks, bathtubs, and other plumbing fixtures.
- Guarantee to the safety of gas and electrical appliances
- Guarantee to the fire safety of furniture and furnishings provided as part of the rent
- Making the property habitable
- Repairing and maintaining in good condition the heating equipment in the room and water
- And other common areas of collective housing
- Considering a lease takeover (see here: Lease Takeover Apartment)
- Rent Payment
- Bills (gas, electricity, and telephone) payment if agreed with the landlord
- Maintenance and cleanness of the house.
- An agreement that you, your housemates, and your visitors do not harass, cause nuisance or annoy other neighborhood residents.