Here are just a few because this is a blog, not a booklet. You need to navigate these needs while maintaining your profitability and sanity. Some of these tasks are easier than others, but overall, you need to find a way to get all these done.
Obey Landlord-Tenant Laws
Many state and federal rules and laws cover the landlord-tenant law relationship. The laws cover raising rent, ending a tenancy, how and when you can evict a tenant, and under what circumstances you must provide notices to tenants to warn them of lease agreement breaches. These statutes and ordinances can be complex, plus there are court decisions interpreting them. You may also need to deal with rent control ordinances depending on your property’s location.
Make the Right Disclosures at the Right Time
You’re required by law to be transparent. You must disclose important, known facts about the unit to potential tenants. They can include the presence of lead paint, dangerous mold, and the presence of potentially carcinogenic chemicals.
Have a Written Lease
It’s the contractual basis for tenancy. It should contain important details about both parties’ expectations. The lease, along with applicable state and federal laws, local ordinances, and all the rules and regulations that come with them, are the legal rules you and your tenant comply with. Both sides can get into trouble if they ignore a lease. Potentially a tenant could be evicted or need to cover certain costs, while you could have a legal judgment against you.
Accuracy, compliance with the law, clarity, and being comprehensive and readable are keys to a good lease (though all those goals can conflict).
Don’t Illegally Retaliate Against a Tenant
It’s illegal for you to retaliate against a tenant if they engage in protected activities. That can include:
- Complaining to you about unsafe conditions or the fact you violated the lease or applicable laws
- Complaining to a government agency about dangerous conditions or illegal acts you allegedly committed
- Taking collective action by joining or organizing a tenant union
- Taking advantage of their legal rights, like withholding rent because you allowed a unit to become uninhabitable
To help prevent, or at least defend yourself against such claims, document your relationship with your tenant and why you did or didn’t take necessary actions. Be aware that the timing of both parties’ actions is critical to a retaliation claim. If you do something that negatively impacts a tenant after they’re involved in a protected activity, in the future, you may need to prove the two aren’t related.
Obey Anti-Discrimination Laws
You should obey anti-discrimination laws, whether it’s how you select a tenant, treat one, or decide to end a tenancy or evict a person. Failing to do so can result in a costly lawsuit, judgment, and negative publicity. Your decisions should have nothing to do with the person’s religion, color, race, sex, national origin, familial status, disability, sexual orientation, gender identification, receiving public assistance, or the fact they suffered damage to their credit and financial issues due to the COVID-19 pandemic.
Handle Security Deposits Properly
Know the laws about how much you can demand, the proper bases for deductions, and when it must be returned. You should also understand the difference between normal wear and tear (which can’t be a reason to make a deduction) and excessive damage (which can be paid for with a security deposit).
Respect Your Tenants’ Privacy
There are legal limits on your access. You must give 24 hours’ notice to enter unless your tenant agrees otherwise. You need to balance access during reasonable hours (unless there’s an emergency), your ability to maintain and repair your property, and the tenant’s right to peaceful enjoyment of the home.
Provide Habitable Housing
Last but not least, the unit must be a clean, functional space that’s considered habitable. You need to maintain and repair the apartment and its appliances (hot water, heating, doors, windows), or you may face a tenant who’s withholding rent, ending the lease early, or suing you for injuries because of dangerous conditions you caused.
We’re Here to Help
If you’re a landlord and have questions about your responsibilities or legal representation, call Anthony Burton at (949) 244-4207 or complete our online contact form today.
