06-Sep-2022

A Beginner's Guide To Landlord And Tenant Laws 

An essential component of property management that is governed by both state and federal regulations is the contractual relationship between landlord and tenant. These laws outline a number of guidelines that both landlords and tenants should always abide by. The laws that govern the landlord-tenant relationship are hence known as landlord-tenant laws.

These do not, however, solely apply to the partnership. The lease or rental arrangement may also be governed by them. Yes, all of this can sound overwhelming to a novice landlord or tenant, but it is very important to know these laws so that you can secure your position and rights in the relationship. 

In light of this, we will talk about some of the most important landlord-tenant laws that are present in the majority of the states and can help you get out of a sticky situation in your landlord-tenant relationship.

Common Landlord-Tenant Disputes

Landlord-tenant disputes can be caused by a wide range of circumstances and variables. Tenants and property owners don't always agree on everything, and disputes can arise at almost all stages of the relationship. A crucial aspect of the roles of landlord and tenant is knowing how to handle disputes in a professional and composed manner. Some common disputes that arise in these situations are:

1. Rent increases

Tenants should find out what rent control ordinances the property falls under or if it doesn't follow any at all. It is prudent that there is both verbal and written communication on how rent is to be increased in the future to avoid unsavory surprises. Although, it's best to have a rent increase stipulation included in the lease itself.

2. Privacy

Privacy is an important aspect of comfortable day-to-day life. Constant inspections and surprise visits can adversely affect a tenant's quality of life. People appreciate their privacy being respected, and it is important to set boundaries to safeguard it.

3. Responsibility

There are local, state, and federal legal statutes for maintaining habitable conditions for rental properties. This responsibility can fall on either the landlord or the tenant, which can cause disputes between the parties. 

4. Property Damage

Another very frequent landlord-tenant disagreement involves property damage and wear and tear. Most of the time, it is a subjective matter. Such disputes can be settled by a mediator or by following legal guidelines.

5. Returning of Security Deposit

The most typical landlord-tenant dispute involves how much of the tenant's security deposit the landlord should or shouldn't keep. Because of this, most states have specific laws governing the use of a security deposit by a landlord. 

6. Importance of Landlord and Tenant Laws

The rights and responsibilities that landlords and tenants are entitled to and must uphold are outlined within landlord-tenant laws. Both parties must be aware of the fundamentals of renting, including how to collect the security deposit and pay rent, in order to comply with these rules. The fundamentals of local and state laws governing fair housing, harassment, and the importance of documented rental agreements must also be known to them.

These laws can be used by owners of residential rentals, business properties, self-storage facilities, and any other property that a landlord manages. These regulations provide landlords with detailed information on how to respect tenant rights, dismiss renters from rental properties, deal with situations where a tenant doesn't abide by the terms of the lease, and much more.

Additionally, it's crucial to keep in mind that the tenant also needs to adhere to these laws. Learning as much as they can about these laws and the tenant act essentially gives them more rights and protection. Understanding their rights on renter safety, security deposit rules, written notices, and other topics through landlord-tenant laws is very important to ensure a stable relationship with their landlord. 

7. Important Landlord Tenant Laws Every US Citizen Should Know

Below, we have mentioned some of the most important landlord-tenant laws that every landlord and tenant should be sure to follow.

8. Disclosing issues with the property

Important state legislation, unique landlord practices, or rules pertaining to the rental unit might all be included in legal disclosures. A lot of states demand that landlords give tenants specific legal disclosures before they even move in. Mold, recent deaths, sex offenders, lead-based paint, meth contamination, and other safety risks are all issues the tenant is needed to be informed about by the landlord.

9. Providing the tenant with lease documents

It is the landlord's duty to submit details such as leasing durations, monthly rental rates, and tenant names, typically in the form of a lease agreement. Supplying the necessary papers for a rental property is the full obligation of the landlord. 

10. Practicing non-discriminatory procedures

In the realm of property management, discriminatory practices are unfortunately common.

The protection provided by anti-discrimination laws extends to both tenants and landlords. These cover activities like marketing rental properties, interviewing potential tenants, or establishing house rules in an apartment. 

The landlord or property management needs to make sure they are following all Fair Housing regulations throughout the process of renting. It is important to pay close attention to how they run their businesses. Even if there is no intent to discriminate, one wrong decision can lead to a very costly lawsuit.

11. Establishing safe living conditions

Despite the fact that states have their own regulations on the upkeep of the rental property, it is the landlord's duty to guarantee the tenant a secure and livable environment. The property should meet the required standards of living and should be in working condition, and there shouldn't be any significant issues or safety risks involved. Sharing information on any smoke detectors, carbon monoxide detectors, fire extinguishers, and other devices is also a necessary part of providing a safe environment.

12. Handling of security deposits

Everything pertaining to security deposits can be governed by landlord and tenant laws. What can be charged, what can be done with it, and whether or not they need to be returned are all covered. The majority of regulations mandate that any security deposit deductions made by the landlord be listed in the lease in an itemized manner. This will allow the tenant to see exactly where and how their money was spent.

13. Dealing with tenant abandonment 

Tenant abandonment is one of the trickiest situations to be in as a landlord. A rental property is abandoned when a renter stops making rent payments and vacates the premises without their personal belongings.

It is crucial in this situation that the landlord exercise caution. The renter must be informed by the landlord of how to retrieve the goods, how much it will cost to store their belongings, and how long they have before the property is reoccupied. What to do with the tenant's personal possessions will depend on local and state legislation. This may entail keeping the property or selling it at a public auction.

14. Respecting the tenant's privacy

As we previously established, tenant privacy means that the tenant has the right to reside on the property without being bothered. When the tenant moves in, the landlord cannot interfere with their daily life with sudden inspections and unannounced visits. Due to this, the landlord is required to give sufficient notice before entering the property, particularly if it is for an inspection, and should respect the tenant's right to privacy at all times.

15. Reporting criminal activity to the authorities

It is the landlord's responsibility to notify the police if they become aware of any criminal conduct occurring inside their property. Violence, drug use and distribution, and any such illegal behavior could all fall under this category.

Landlords risk severe legal penalties and their own safety if they fail to report illicit activities taking place in their rental properties. Therefore, it is crucial to ensure that everything is reported to the relevant authorities.

16. Following proper laws of eviction

There are several reasons for landlords to evict tenants. These can include refusing to move out after the expiry of the lease, damaging the property, violating the rent contract, not paying rent, and illegal and dangerous behavior. An eviction is a lawful procedure, and every state has a landlord-tenant eviction law to regulate the procedure. 

An eviction is a legal action by a landlord to remove a tenant from a rental property. Every state has an eviction-related landlord-tenant law to regulate the process. Before an eviction, the landlord must serve the tenant with a termination notice supported by a court order with enough time for them to vacate the premises in the best way they can. The tenant may seek compensation for the landlord's actions if the landlord evicts the tenant without a court order.

Conclusion

Landlord and tenant laws heavily impact our society and are always evolving based on current property management practices. This is a major reason for these laws varying over state borders throughout the country. Whether you're a landlord or a tenant, it is quintessential to keep yourself up to date with the local, state, and federal laws active in your location. Visit Qualifiedlawyers.com to know more about landlord and tenant laws and how to avoid these disputes to make your life easier!