Legal Guidelines for Landlords
Whether the landlord owns an entire apartment complex or is simply leasing to one other person, landlord laws apply. It doesn’t matter how many tenants you have; only that you observe the proper legal procedures.
1. Run background checks.
Before you allow anyone to move into your home or property, make sure that you know everything about them that you possibly can. This means running credit, background and criminal history checks and calling references where appropriate. If the applicant has a record of paying rent late, causing property damage or any felony convictions, decline the lease. It is much better to be safe than sorry, and once you offer a lease to a tenant, you must abide by the provisions of that lease, regardless of the problems that the tenant causes. You’ll want to avoid any legal issues that might arise, and as the landlord, you have the right to deny an application on the basis of negative background information
2. Get your paperwork in order.
If there is one rule that most landlords forget, it is to keep a paper trail on every tenant in your building. Label a file folder with each tenant’s name and keep it in a safe, locked filing cabinet for easy reference. Every time you repair something in a room or apartment; modify or remove a provision of the lease; receive a request; or deposit a payment, keep a record of it in that file so that it isn’t lost. Landlords rarely think that a tenant will ever bring them to court, but if it does happen – and it can – you’ll have the necessary paperwork to defend yourself.
3. Manage security deposits appropriately.
When a new tenant move in, walk through the entire room or apartment with them and have them record any damages or defects that they find on a piece of paper. File that piece of paper away and keep it until the end of the lease. Keep a record of the amount of the security deposit paid, the date it was paid, and the terms of the return. Give the tenant a receipt for the deposit, and make sure that they understand the terms of the return as well. When the tenant moves out, walk through the dwelling with them again and record all of the damages and defects. Carefully compare the two lists of damages, and assess appropriate fees for anything you will need to replace.
Remember that there are stringent laws regarding “normal wear and tear”. If a tenant lives in a dwelling for ten years, there will inevitably be damages and defects that were not present when they moved in. Only charge tenants for repairs that exceed the normal wear and tear of a dwelling.
4. Make prompt and accurate repairs.
It is always best for landlords to require that requests for repairs be made in writing; that way, there can be no dispute later over verbal requests for repairs. When you receive a request, attend to the problem quickly and accurately, making sure that the tenant knows you made them. Even better, have the tenant sign a document saying that you have made the repairs to their satisfaction. Later, if the issue is disputed, you have proof that you made timely repairs.
5. Provide safe, secure and quiet premeses.
Landlords have a responsibility to their tenants to provide adequate security and noise prevention strategems. If possible, install a security gate on your property for controlled entrance and install alarm systems in each dwelling. Keep the entire premeses properly lighted; trim the brush and trees to eliminate hiding spots for criminals; and clear debris out of the way should it accumulate on your property. If you find that tenants are being noisy and disturbing others, issue a lease violation to control the behavior.
6. Be courteous about entering the dwelling.
Every once in a while, a landlord will be required to enter a tenant’s dwelling, sometimes when the tenant is home and sometimes when they aren’t. Valid reasons for entering the dwelling can include scheduled maintenance, requested repairs, or a security issue.
If you know that you will have to enter the dwelling, give your tenant at least twenty-four hours’ notice so that they can prepare for your entry. If they aren’t home when you do enter, leave a note advising them that you were there in a very visible place, such as on the refrigerator or a dining room table. As a courtesy, call the tenant and let them know that you were there so they aren’t concerned.
7. Disclose environmental hazards.
A common legal issue for landlords is the nondisclosure of environmental hazards, which can include lead paint, mold and other toxins. If you are aware that such a hazard exists, provide evidence of it in writing, and have your tenant sign a document expressing that he or she is aware of the problem. If applicable, it may be necessary to provide your tenants with alternative housing – such as a hotel room – until the problem is resolved.
8. Control your employees.
Often, legal issues arise not because of a landlord, but because of the landlord’s employees. Office managers, leasing agents and maintenance personnel should be chosen carefully following an extensive background check. Make sure that you are available to both employees and tenants so that you can be made readily aware of any problems that might arise. If you find out that an employee has broken the law or if problems persist between employees and tenants, take care of the problem immediately.
9. Maintain adequate insurance.
Purchase liability and property insurance and keep it up to date. Make sure that you have adequate insurance on all properties, and that you are covered for every contingency.
