Obligations of a Landlord

There's a lot more to being a landlord than collecting rent.  The laws of each state set forth a landlord's legal obligations to tenants and the penalties if a landlord fails to meet those obligations.

Liability and Obligations

A rental agreement form or rental lease forms is a contract which binds both the landlord and the tenant.  Many landlords think they can circumvent state law by deleting or omitting lease provisions that impose duties upon them and inserting provisions that minimize the rights of tenants while increasing the obligations of tenants.  However, many states have consumer protection and truth in renting laws which protect tenants from unscrupulous landlords.

A landlord is obligated to:

• Provide a Safe and Habitable Living Space - If certain conditions are not addressed, a home or apartment is considered to be uninhabitable.  In most states, if a property is infested with insects, rodents, or other vermin it is not considered habitable.  Additionally, if there is no running water or no utilities, a court may deem the property uninhabitable.  Other conditions, such as a leaking roof and mold infestation may render a property uninhabitable.
  
• Make Repairs as Needed - In most states, a landlord cannot make a tenant responsible for repairs.  Furthermore, a landlord must make repairs within a reasonable period of time.  Failure of a landlord to make repairs may be considered a constructive eviction which, in some states, would give the tenant the right to withhold rental payments.
  
• Respect the Tenant's Rights - The laws of every state give a tenant the right of quiet enjoyment.  This means that the landlord cannot enter the premises for no reason, without first giving the tenant reasonable notice, or at odd or unreasonable hours.
  
• Don't Discriminate - In most states, it is illegal to discriminate against a tenant because he has a child or because of his marital status, religion, disability, race, ethnic background, or age.  In some states, it's also illegal to discriminate based on a tenant's sexual preference, status as a victim of domestic violence, sexual assault, or stalking, or because the tenant has successfully defended a previous landlord's attempt to evict him.
• Not Retaliate - In most states, it's illegal for a landlord to retaliate against a tenant who has complained to the landlord or a state or local agency about the condition of the property, illegal lease provisions, discrimination, or other violations of the law or started a tenant's union.  The most common forms of retaliation are raising the rent, shutting off utilities, or beginning eviction proceedings.
  
• Accounting - Landlords are also required to account for security deposits, pet deposits, and any other refundable deposits.  Failure of a landlord to keep track of these deposits and to return or refund a deposit within the period of time required by law may subject him to very harsh penalties.

Common Landlord Mistakes

Landlords often make mistakes when handling tenant complaints or disputes with tenants because they don't know the law, they don't know what the lease says,  and they have not consulted with experienced landlord-tenant eviction attorneys before taking action.  Mistakes landlords should avoid include:

• Taking self-help remedies like shutting off utilities and changing locks when a tenant gets behind on rent;
• Commingling security deposits with personal funds;
• Failing to return refundable deposits within the time specified by law;
• Keeping the entire security deposit when a tenant breaks a lease;
• Misusing security deposits;
• Ignoring repair issues and dangerous conditions on the property; and
• Charging excessive late fees.

Tenant Remedies

There are certain legal actions a tenant may take if a landlord has violated the lease terms or engaged in illegal activity.

• Try to negotiate a resolution with the landlord;
• Report the violations to your state consumer protection agency; or
• Contact an experienced landlord-tenant attorney.

Whatever action you choose to take, it's important that you have accurate records of what has transpired, including a copy of your lease.  This is especially important if you end up in court because you will need to prove your case.