LANDLORD RESPONSIBILITIES

In nearly every state, the Landlord is responsible for providing the Tenant with a safe and livable residence, and thus, the Landlord has certain duties to maintain and care for the Premises. For example, it is the Landlord's obligation to make sure that the electrical wiring in an apartment complex is sound and is not a fire hazard. In order to assure that these responsibilities are met, most states prohibit the Landlord from delegating these responsibilities to the Tenant, even if the Tenant is willing to assume them. As another example, it would be inappropriate for the Landlord to shift the obligation for roof maintenance to the Tenant. The Tenant may be unable to pay for necessary repairs, and the Landlord is ultimately responsible anyway, because of the Landlord's duty to provide a livable residence. On the other hand, it is not uncommon for the Landlord to delegate minor repair responsibilities to the Tenant, especially for a single-family dwelling. Therefore, this Lease states that the Landlord has the primary responsibility to maintain the property, but allows you to describe certain exceptions to that rule, which excepted items will be the responsibility of the Tenant.

Landlords are generally required to offer livable premises when a tenant originally rents the unit, and to maintain the premises throughout the term of the rental agreement. If rental property is not kept in good repair, the tenant may have a right to repair the problem and deduct the cost from the rent, withhold rent, sue for any injuries caused by defective conditions, or move out without giving notice.

The best way to avoid disputes with tenants is to establish a clear procedure to follow by both, the Tenant and Landlord. A good, easy way to do that is to utilize our Free Work Order form, and have the Tenant sign the form upon completion of the work. Document all complaints, respond quickly , schedule annual safety inspections (a free form provided in our web-site for your reference).

1 Regularly inspect the common premises and look for any dangerous conditions. Fix them promptly. Reduce risk exposure as much as you can - provide sufficient lighting in hallways, parking garages, and other common areas. Provide good, strong locks on doors and windows, and inspect the safety of the stairs and handrails.

2. Comply with all public health and safety codes. Your local building or housing authority and health or fire department can provide information you need.

3. Clearly set out the Tenant’s responsibilities for repair and maintenance in the Rental Agreement. Our Fixed and Month to Month Rental Agreement forms are designed to help you to do that.

4. Use the written Landlord-Tenant Checklist (included in the Landlord Form Package, or can be purchased separately) to inspect the premises and make required repairs before the Tenant moves in.

5. Encourage your Tenant to report any plumbing, heating, or other problems.

6. Handle repairs (especially urgent ones, such as a broken lock, or lack of heat) immediately. Notify the Tenant by telephone, and follow up with a letter if repairs will take more than 48 hours.

7. Keep a written log of all tenants’ complaints, including the ones made orally. Record your immediate and any follow-up responses and all details on how and when the problem was fixed.

8. At least once a year, give your Tenants a checklist where they can report any requests for repairs.

9. Once a year, inspect all units for safety and maintenance problems. Remember to notify your Tenant well in advance about your intention, and welcome your Tenant to be present during the inspection. Document the inspection, and the condition of smoke alarms, heating, plumbing, and major appliances.

10. Purchase sufficient liability insurance policy to cover possible injuries or losses suffered by others as a result of defective conditions - make sure that possible attorney’s fees are covered as well.