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Home » Consumer Information » House & Home

Tenant & Landlord Overview

Whether leasing or renting, it is imperative that the landlord and tenant realize their legal rights and responsibilities.

Tenants and landlords

You must read your lease or rental terms from beginning to end until you understand the stipulations of the agreement. This is the contract between the landlord and tenant on which all legal references are based. The following includes valuable information concerning the legalities of screening potential tenants, anti-discrimination laws, and the rights of tenants with disabilities.

Tenant selection and housing discrimination

Since landlords have to be able to trust their tenants, choosing a tenant is a very impactful decision the landlord is forced to make. To make valid decisions, landlords use a dependable system to siphon through applicants in a nondiscriminatory manner; landlords cannot refuse potential tenants solely on the basis of race, religion, or whether they have children. Rent and security deposits

Landlords are allowed to set rent at whatever fee they decide as long as they do not fall under specific areas covered by rent control. However, many states do have parameters in terms of how rent must be paid and how it can be raised. State law strictly governs security deposits and determines how much money a landlord can demand up front and how the funds can be allocated (i.e. covering unpaid rent). Make sure you notify your landlord long before you plan to leave. This way, your security deposit should be available at your leisure.

Landlord liability for tenant injuries

It is the duty of property owners to maintain the safety of the grounds for tenants and their guests. Landlords can be held responsible for injuries caused by hazardous or defective circumstances on the rental property, criminal activity, and environmental risks (i.e. asbestos).

Roommates

Tenants who share rental responsibility of the same property have obligation to each other in addition to the landlord. There are further legal issues one must be aware of when living with others in regard to when they want to bring someone else in the rental picture, when that person moves in, and when they decide to leave.

Eviction

A landlord reserves the right to terminate a lease if the tenant fails to pay rent, violates the pet policy, or continually disturbs other tenants or neighbors. However, it is wise for the landlord to think it through prior to prematurely terminating a lease in retaliation of a tenant's actions.

Tenant and landlord form a team

You and your landlord must work as one to maintain the overall quality of the premises. For example, the landlord should provide a healthy and safe place for you to live. Simultaneously, you are expected to take care of the premises and live by a code of conduct. The law outlines certain responsibilities that each party should abide by. The landlord's responsibilities are dependent upon the nature of the rental unit. If the unit is a single-family home, duplex, or mobile home, the landlord must:

  • Comply with the terms of related building, housing, and health codes
  • Keep the roof, windows, screens, walls, and all other applicable structures in excellent condition when there are no building, housing, and health codes
  • Make certain that plumbing upkeep takes place to reasonable standards

If the unit is a triplex or other type of rental not already stated, the landlord is required to provide:

  • Heat
  • Running/hot water
  • Locks and keys
  • Smoke detector
  • Clean and safe common areas
  • Access to an exterminator

Although the landlord is not forced to pay for utilities, water, gas, or trash pickup, it remains an option. Provisions that were previously mentioned, along with those that weren't but are still relevant to the lease, may be modified in writing if the landlord so chooses.

The tenant is expected to:

  • Follow all housing and health codes
  • Clean and sanitize the living space
  • Take out the garbage
  • Clean and sanitize plumbing fixtures; report any in disrepair
  • Keep the premises free of defacement
  • Maintain occupancy without disturbing other tenants or neighbors
  • Treat appliances and other items provided by the landlord with respect