Landlord or Tenant—Who’s Responsible For What?
As a landlord, you’ll come across quite a few gray areas where you and your tenants disagree. This can get time-consuming, especially if you have a growing portfolio of rental properties. Specify as much as you can in the leases, and stick to it. Being “flexible” sets a precedent that just pushes the problem off to the future.
So, who’s responsible for what? Landlords and tenants do have some clear guidelines. Double check with your state regulations to see if they vary. It’s essential that both landlord and tenant are familiar with the lease and communicate about the repercussions of violating it.
Landlord Responsibilities
Comply with all local health, safety, and building codes.
Provide a habitable home.
Provide exterior doors that close properly and lock for security.
Keep plumbing and sewer or septic tanks in good working order.
Maintain gas and electric lines and wiring.
Ensure there are no broken windows.
Keep the home pest-free.
Promptly respond to repairs.
Attend to flood damage. If the water is due to a natural occurrence like a storm, the landlord pays for damage to the home, while tenants are responsible for replacing their own possessions.
Disclose any history of hazards such as lead paint, asbestos, or bed bugs.
Provide safety equipment such as fire alarms and carbon monoxide detectors.
Supervise vendors and any hired personnel like electricians, plumbers, and maintenance workers.
Give notice of at least 24 hours before entering the unit.
Tenant Responsibilities
Keep the dwelling in a reasonably safe and clean condition. For example, furniture should not block fire escapes, and any dog excrement should be disposed of immediately.
Pay rent on time.
Unclog toilets.
Use plumbing fixtures correctly and maintain them.
Respect neighbors. This can mean keeping music to acceptable decibel levels, not allowing kids and pets to run rampant around the property, and keeping troublesome guests away.
Take out the garbage.
Prevent damage to the unit, common areas, or lot. Items can’t be removed, neglected, or deliberately destroyed.
Damage due to pet policy violations.
Replace burned-out lightbulbs.
That last situation is more common than you think. If you get a call in the middle of the night to change the lightbulb, it’s time to set an appointment to review the lease together. Who’s responsible for what? Landlords and tenants can negotiate certain duties, but make sure it’s documented in writing.
You can ward off trouble by requiring the tenant to get renter’s insurance. Take plenty of photographs before the tenant moves in so you’ll have proof of any wear and tear when the lease expires. What’s “normal” wear and tear? Lay out your standards officially in the lease.
It can be a tough balance. You want to be an understanding and reasonable landlord who retains long-term tenants. But you don’t want to be a pushover. Do your best to anticipate all eventualities and tweak your lease until it’s water tight.