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Establishing the Line Between Renter and Landlord Responsibility

Establishing the Line Between Renter and Landlord Responsibility

Establishing the Line Between Renter and Landlord Responsibility

A recent Freddie Mac report shows the results of a tenant survey that sought to answer the question: Why do people choose to rent? The top three most popular answers all deal with money, including simply not being able to afford it. The fourth ranked answer, however, is all about convenience. Plainly put, respondents “didn’t want the upkeep of ownership.”

For many renters, ‘convenience’ is knowing they won’t have to worry about leaky roofing or structural integrity. For others, there is confusion over where the conveniences end. In other words, the expectation of what a landlord/property manager should and should not provide often seems a bit disillusioned.

It is for this latter group (and your own sanity) we recommend establishing a clear set of responsibility guidelines that can be easily accessed by tenants. For each property we personally manage, for instance, we have a policy page within the website where tenants are reminded of their personal responsibility to the property and their individual unit.

To guide you in developing your own policy, we’ve put together the following quick outline, using Texas law as a source.

The Landlord’s Responsibilities

It is the landlord’s legal responsibility to provide inhabitable conditions to paying and legal tenants. In other words, the landlord has an obligation to each and every tenant to ensure units are safe and suitable for living. This includes a weather-proof roof, working plumbing and HVAC systems (heat/cold depending on climate), and that the property itself is free from obvious threats to health and safety.

The only condition or stipulation to make here is in the event a tenant causes the unit or property to be uninhabitable. It then becomes the tenant’s responsibility, as defined in the lease.

A landlord is also expected to provide tenants with a reasonable level of security. While alarms are a bonus and definitely can help the owner protect his or her investment, reasonable security measures include working locks on all doors and windows, to include deadbolts in exterior doors with access keys. Peepholes must be provided on main doors, and pin locks, and latches or security bars for sliding doors. If a landlord has provided a unit with a security system and included that as part of the amenities, then maintaining its working condition is also required.

The Tenant’s Responsibilities

While it may seem overly simplified, the tenant list of responsibilities really only comes to two basic generalizations:

  1. Tenants are responsible for repairing any damage or replacing any items they or their guests may have broken. Tenants need to be very aware that any of the landlord’s responsibilities could quickly become their own if damage or dysfunction is self- or guest-inflicted.
  2. Tenants are also responsible for the little things that come with normal wear and tear. If a light bulb goes out, they need to replace it. If the smoke alarm batteries run low, they need to replace them. If mini-blinds or broken or missing, they need to replace them.

To those of us who have been in the industry for a while, it may seem like a no-brainer; but you never want to assume that of your tenants. Provide clear communication on everything—right down to the dollar amount a tenant will need to pay to replace a broken mini blind. If you leave it out or don’t address it, there’s very little recourse for you in the end. So, always take the “more information is better” route when it comes to your property.

 

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