As a housing provider, you are obligated to fulfill a set of basic health, safety, and privacy expectations.
You don’t have to include all utilities (gas, electric, water, trash, etc.) in your rent, but those services must be available to tenants. Likewise, all tenants are entitled to basic safety measures (like working locks and smoke alarms).
You must also respect your tenants’ privacy. Although your tenants are living in your property, your properties are still their homes. This means your tenants should have adequate privacy, both from you and other tenants.
Both state and federal laws establish standards for housing safety and privacy. Before you rent out your properties, be sure you have a solid understanding of these laws and what your responsibilities entail.
Below is an overview of your basic legal responsibilities for tenant safety and privacy.
Basic Utilities
Federal law dictates that landlords must meet standards of “habitability” in their properties. This means you must give your tenants access to the basic structural and functional utilities they need to live, without outstanding health or sanitary concerns.
While the specific obligations vary by state, here are some of the most common:
- Complying with building, housing, health, and safety codes
- Making repairs
- Cleaning and maintaining common areas
- Maintaining electricity, plumbing, sanitation, HVAC systems, and other appliances
- Providing trash receptacles and means for trash removal
- Supplying clean running water, including hot water
Performing these tasks isn’t just a burden on landlords. They are also beneficial for your rental business in the long run. Removing mold, repairing HVAC systems, or hiring out contractors might seem tedious in the moment, but these tasks help keep your properties in working condition. They also prevent accidents and damages in the future, which are major liabilities.
Remember, managing utilities and maintenance is made simple with property management software. By creating an account, you can fulfill tickets, track their progress, and keep tabs on the condition of your properties all from your computer or phone.
Entry
Every landlord has the right to enter their properties.
However, privacy laws prevent you from entering on a whim. The entry must usually be planned in advance, so that tenants have adequate time to clean or prepare.
State laws dictate just how much prior notice you must give your tenants before entry. In many states, advanced noticed is required, but not specified. It’s generally assumed that “reasonable” notice in these states means 24 hours.
However, this isn’t necessarily the case for all states. Virginia, Arizona, Delaware, Vermont, and the District of Columbia each require landlords to provide notice earlier, either 48 or 72 hours in advance of entering.
Only six states restrict the times at which you can enter tenants’ homes. Four states (Ohio, Wisconsin, Kansas, and North Dakota) restrict entry to “reasonable” times. This is usually interpreted as during working hours (9am-5pm). The other two states with restrictions (Florida and Vermont) allow entry between 7:30am-8pm and 9am-9pm, respectively.
Required Disclosures
Landlords are also required to make certain required disclosures in rental agreements.
These disclosures range in topics and purpose. Here are some of the most common:
- Contaminants or environmental hazards (e.g., mold, radon)
- Rental policies
- Federal or state housing policies
- Health and building codes
- Resources or services for renters
- Safety information (e.g., smoke and carbon monoxide detectors)
- Rights of tenants (e.g., the right to be present at inspections)
Primarily, required disclosures inform tenants of potential health and safety hazards that the landlord is aware of. Disclosing this information up front protects you from liability should a tenant suffer an adverse effect.
There is only one federally mandated required disclosure: lead-based paint. Under federal law, all landlords who rent properties that were built prior to 1978 are required to disclose information about the hazards associated with lead-based paint.
All other required disclosures are decided by state governments. Some states have no additional disclosures, while others have dozens.
A few health and safety-related disclosures required in many states include mold and radon contamination, methamphetamine contamination, bedbug infestations, prior flooding, and the identification of the landlord and all agents authorized to enter the premises.
Conclusion
Protecting the health and safety of your tenants should be a top priority. By knowing and researching the laws mentioned in this article and others in your state, you should be well prepared to provide a healthy and safe environment for your tenants’ homes.
