Although the Landlord's exact responsibilities may vary from state to state, the Tenant can expect the Landlord to perform certain responsibilities that are imposed by state or local law. These responsibilities may be voluntarily increased or clarified by the terms of the lease agreement, but cannot be escaped. For example, the Landlord generally must provide the Tenant with "quiet enjoyment" of the property, and maintain safe and healthy living conditions (in the areas under the Landlord's control). The Landlord must also ensure that the property complies with all health and safety building codes, must keep the premises in good repair, must maintain all electrical, plumbing, and heating facilities (if such services are supplied by the Landlord), must keep all common areas safe and clean, and usually must provide adequate heat, running water, and trash collection services.
Virtually every state prohibits the Landlord from escaping these basic responsibilities, despite the Landlord's attempts to do so by inserting escape language in the lease agreement. Any such lease provisions are often unenforceable. Furthermore, the Tenant may have the right to withhold rent and/or to "repair-and-deduct" as necessary to remedy a problem. On the other hand, it is not uncommon for the Landlord to delegate minor repair responsibilities to the Tenant, especially in a single-family dwelling lease. All electrical wiring, AC, and heating system repairs should, however, be performed by a licensed, certified contractor. Such repairs are the landlord's responsibility, and should never be delegated to the tenant, unless the tenant is a certified, licensed expert in the field.
Landlord, in most states, is required to provide pest control as far as assuring that the home rented is pest-free and in good sanitary condition at the time the tenant moves in. During the tenancy, the tenant is responsible for keeping the home in sanitary condition to prevent for instance roach, rat, or other pest problem from spreading. Depending on the home rented, and the rental contract, pest control can be assigned to be the tenant's responsibility. In most cases the tenant in a single family dwelling is required to maintain the property, including pest control. This only applies to pest control during the tenancy, and not to pest problem that exists prior to the tenant moving in. In large rental properties, it is usually the landlord's responsibility to keep all units pest free as the problem usually spreads quickly from one unit to the next one.
Furthermore, it is good practice, and required by law in most states that a fire extinguisher is placed either in the rental unit, or in common area nearby. The landlord should assure that there is a smoke detector in every unit, and the landlord should inspect the detector at least bi-annually to assure it is in working condition. If there is a garage attached to the rental unit, most insurance companies recommend or require that a carbon-monoxide detector be placed within 15 feet of every space where people sleep in to prevent death or serious injury to the tenant if a car or other machine is left running in the garage.
Most insurance companies require landlord to repair any and all trip-and fall hazards, such as uneven walking surfaces inside and outside of the rental unit.
If there is three steps or more leading to the entrance, a proper handrail should be installed for safe entrance and exit from the unit. All handrails should at least 40 inches high, and supported by vertical balusters no more than 4 inches apart to prevent a child from climbing over the handrail and falling, or to assure a small child cannot squeeze between the balusters and fall.
If there is a pool located by the residence, the pool should be closed in by 120 inch fence with self-locking gate. Proper life-saving equipment should be located by the pool. A life-saving ring and a hook are sufficient, as long as they are located visibly near to the pool and easily accessible. A sign prohibiting diving is recommended to avoid liability in case of injury. Slides or diving boards are recommended to be removed from the pool area to prevent injury and liability.
Even though failing to comply with most of these recommendation does not constitute a crime, in case of injury it imposes liability on the landlord, and exposes him/her to a possible lawsuit and damages. Most insurance companies require a survey to be performed to assure all these issues have been addressed properly, and in some cases, the cancellation or increased premium of general liability policy can result from not complying. Your insurance company evaluates your property as a possible risk, and if there are hazards present the risk is considered to be higher. Assuring that the property is safe and in good condition will help keeping insurance costs lower.
Virtually every state prohibits the Landlord from escaping these basic responsibilities, despite the Landlord's attempts to do so by inserting escape language in the lease agreement. Any such lease provisions are often unenforceable. Furthermore, the Tenant may have the right to withhold rent and/or to "repair-and-deduct" as necessary to remedy a problem. On the other hand, it is not uncommon for the Landlord to delegate minor repair responsibilities to the Tenant, especially in a single-family dwelling lease. All electrical wiring, AC, and heating system repairs should, however, be performed by a licensed, certified contractor. Such repairs are the landlord's responsibility, and should never be delegated to the tenant, unless the tenant is a certified, licensed expert in the field.
Landlord, in most states, is required to provide pest control as far as assuring that the home rented is pest-free and in good sanitary condition at the time the tenant moves in. During the tenancy, the tenant is responsible for keeping the home in sanitary condition to prevent for instance roach, rat, or other pest problem from spreading. Depending on the home rented, and the rental contract, pest control can be assigned to be the tenant's responsibility. In most cases the tenant in a single family dwelling is required to maintain the property, including pest control. This only applies to pest control during the tenancy, and not to pest problem that exists prior to the tenant moving in. In large rental properties, it is usually the landlord's responsibility to keep all units pest free as the problem usually spreads quickly from one unit to the next one.
Furthermore, it is good practice, and required by law in most states that a fire extinguisher is placed either in the rental unit, or in common area nearby. The landlord should assure that there is a smoke detector in every unit, and the landlord should inspect the detector at least bi-annually to assure it is in working condition. If there is a garage attached to the rental unit, most insurance companies recommend or require that a carbon-monoxide detector be placed within 15 feet of every space where people sleep in to prevent death or serious injury to the tenant if a car or other machine is left running in the garage.
Most insurance companies require landlord to repair any and all trip-and fall hazards, such as uneven walking surfaces inside and outside of the rental unit.
If there is three steps or more leading to the entrance, a proper handrail should be installed for safe entrance and exit from the unit. All handrails should at least 40 inches high, and supported by vertical balusters no more than 4 inches apart to prevent a child from climbing over the handrail and falling, or to assure a small child cannot squeeze between the balusters and fall.
If there is a pool located by the residence, the pool should be closed in by 120 inch fence with self-locking gate. Proper life-saving equipment should be located by the pool. A life-saving ring and a hook are sufficient, as long as they are located visibly near to the pool and easily accessible. A sign prohibiting diving is recommended to avoid liability in case of injury. Slides or diving boards are recommended to be removed from the pool area to prevent injury and liability.
Even though failing to comply with most of these recommendation does not constitute a crime, in case of injury it imposes liability on the landlord, and exposes him/her to a possible lawsuit and damages. Most insurance companies require a survey to be performed to assure all these issues have been addressed properly, and in some cases, the cancellation or increased premium of general liability policy can result from not complying. Your insurance company evaluates your property as a possible risk, and if there are hazards present the risk is considered to be higher. Assuring that the property is safe and in good condition will help keeping insurance costs lower.