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Implied Warranty of habitability. This means that a landlord has a responsibility to keep the rental in a fit and habitable condition.

Implied Warranty of habitability. This means that a landlord has a responsibility to keep the rental in a fit and habitable condition.

  • Posted: Nov 04, 2024
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Landlord-tenant law also places specific maintenance obligations on every landlord. These responsibilities include:

 

Implied Warranty of Habitability – a general requirement that all vital services must be functioning and in good repair and that the rental property must be clean and safe.

  • Following Building Codes: Every landlord has a responsibility to keep their property up to local and state building and safety codes. This includes:
    1. General Building Safety: The physical structure of the building must be safe for tenants to live in. The roof and foundation must be structurally sound. Entrances and exits must be easily accessible. Windows and doors must have proper waterproofing and proper locks. Floors must be structurally sound and free from tripping hazards. All staircases must have the appropriate handrails.
    2. Plumbing Inspections: Plumbing must be up to code.
    3. Electrical Inspections: All electrical work in the property must be up to code.
    4. Fire Inspections: Rental properties must have the proper number of smoke and carbon monoxide detectors and they must be in good, working order. Some towns will require these detectors to be hard-wired, while others allow battery operated detectors. The property must not exceed a certain number of occupants, stairways and common areas must have proper lighting and fire retardant paint must be used in certain areas, such as stairways.
    • Performing Repairs: Landlords are responsible for completing repairs in their property to keep the property in habitable condition. These repairs need to be reasonable. For example, if a tenant does not have a working stove, the landlord can hire a repairman to fix the current stove. The landlord does not have to purchase a brand new stove for the tenant if the current stove is able to be repaired to a working condition.
    • Common Areas: Landlords must keep all common areas of the building clean and safe.
    • Maintaining Vital Services: Landlords are responsible for keeping all vital services in the rental property functioning. This includes heat, hot water, electricity, gas, and central air conditioning, if applicable. If the tenant is responsible for paying utilities, the tenant must keep current on their bill to make sure their heat, electricity or gas remains on.
    • Providing Garbage Bins: Landlords must provide garbage cans where the tenants can dispose of their trash. These must be an appropriate number or size for the rental property.
  • Supplying Running Water: Tenants must have access to running water. Burst pipes or blockages must be fixed immediately.

How Long Does a Landlord Have to Complete a Repair

For repairs that violate the warranty of habitability or pose immediate health or safety risks to the tenants, landlords will have a reasonable amount of time, based on state law, to complete the repair once they have been notified of the issue. What is considered a reasonable amount of time will vary by state law and by the severity of the issue.

Many states will allow a landlord 30 days to fix a problem, while others will only allow three to seven days for serious issues, such as lack of heat or running water. If the repair is not completed within this time period, the landlord may owe the tenant damages, the tenant could be allowed to move out of the rental unit, the court could hire a third party to complete the repairs or the landlord could be fined.

Advance Notice for Entry

In order to enter a tenant’s apartment, landlords typically have to give notice. The amount of notice will vary by state but is typically between 24 and 48 hours’ before desired entry. This notice requirement is usually waived in emergency situations.

Right to Withhold Rent

Tenants in certain states, such as Connecticut, are allowed to withhold rent until a necessary repair is made. There are specific rules that must be followed such as serving the landlord with formal notice that the repair is necessary and then filing a complaint with the court. The tenant will then deposit the rent amount withheld with the court.1

The repair must violate the warranty of habitability, such as an extreme pest infestation or lack of heat in the winter. Based on state law, the landlord also has a certain amount of time to address the repair.

Check your state’s laws because not all states allow tenants to withhold rent until a repair is made.

Right to Repair and Deduct

Other states, such as California, allow a tenant to have the repair completed themselves and deduct the amount of the repair from their rent payment. The tenant must first notify the tenant of the needed repair either verbally or in writing. If the landlord does not respond and address the repair, the tenant can have the work done. The amount the tenant deducts for the repair cannot exceed one month’s rent.2

Damage Caused by Tenant

Landlords are not responsible for completing repairs that were caused by the fault or negligence of the tenant, member of the tenant’s household or guests of the tenant. These repairs are the monetary responsibility of the tenant.

 

 

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Handling maintenance and repairs efficiently is essential for property managers. Here are some steps to effectively manage maintenance and repair tasks:

Handling maintenance and repairs efficiently is essential for property managers. Here are some steps to effectively manage maintenance and repair tasks:

  • Posted: Aug 27, 2023
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Handling maintenance and repairs efficiently is essential for property managers. Here are some steps to effectively manage maintenance and repair tasks:

The number one problem we hear daily is, LL’s dont do repairs. Why we ask its your property and your income, why wouldent you keep it up to code looking good and in working condition. rents are paid by tenants when they see a LL is taking care of the apts, houses they pay to live in! 

1. Provide tenants with a clear point of contact for reporting maintenance issues e.g an online maintenance request system
2. Respond to maintenance request promptly, it shows reliability
3. Determine the urgency of each request and categorize them based on severity and potential impact such as tenant safety, property condition or further damage. This will help prioritize and allocate resources accordingly.
4. Coordinate repairs with qualified vendors and contractors
5. Obtain multiple quotes from different vendors to ensure competitive pricing and quality of work. Consider factors such as cost, experience, and availability when selecting a vendor
6. Document and track repairs including details of the reported issue, actions taken, vendor information etc
7. Conduct regular inspections. This allows you to address issues before they become major problems
8. Budget for maintenance. This allows ensures that you have funds readily available when needed.
9. Provide tenants with guidelines on how to handle basic maintenance issues e.g proper use of appliances, minor repairs etc
10. Follow up with tenants after maintenance issue has been solved to ensure their satisfaction. Thus helps build/maintain tenant landlord relationship.
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If you want a family member to leave your home

If you want a family member to leave your home

  • Posted: Feb 05, 2022
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If you want a family member to leave your home, you must follow an eviction process similar to the one for a formal tenant.

 

In most states, you can evict any family member over the age of 18. Regulations regarding eviction vary, so make sure you follow the specific procedure for your location.

 

Step 1

Gather documents relating to your home and the person you wish to evict. These may include documentation proving you own the home, copies of any rent checks the family member has paid you, and a blank eviction notice form.

Step 2

Give written notice to the family member, informing him or her that you wish them to leave. Legally, you must give this written notice with sufficient time for a response.  A 30-day notice period is common. Regulations vary, though, so follow the requirements for the state and city where you live.

Step 3

Wait out the notice period. If your family member does not leave the home at the end of the period stipulated in your written notice, you will need to start eviction proceedings.

Step 4

Fill out the eviction notice form. Include all required information, such as the person’s name, the address of your home, and a reason for the eviction. The reason can be as simple as failure to pay rent, or a failure to meet expectations of living at the home. Keep any personal attacks out of your eviction documentation, and be clear and concise.

Step 5

Make two copies of the eviction notice you have filled in. Ask the family member you wish to evict to sign and date both copies. Give one copy to the family member and keep the other copy for yourself.

Step 6

File for a court hearing if the family member refuses to leave the home after being served with an eviction notice. Again, there may be a minimum waiting period before you can go to court. At the hearing, the judge can issue an order of eviction. This will enable you to call for assistance from law enforcement if it’s necessary to remove your family member from the home.

Find and learn the process of an eviction in the State your property is located in.

Each State has different things to do in an eviction, This is called the process of an eviction. Most all evictions start with some kind of termination of the tenancy either by the Landlord or the Tenant. Every State has Laws that make it necessary to follow that State’s Process in the event of an Eviction. Learn The Eviction Process in your State. Landlords and Tenants find information on how to evict a tenant or how to defend an eviction.

Find the Eviction Process in the State you live in!

Landlord Help: Filing Evictions

The Process for an Eviction has different steps; Let us help you with filing Evictions in your State.

Tenants Help, Defending Evictions

Tenants have rights learn how to answer the eviction, along with the laws that protect you in your State.

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Learn how long you must keep a tenant’s abandoned property in your state.

Learn how long you must keep a tenant’s abandoned property in your state.

  • Posted: Jul 09, 2021
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Your tenant moved out, but left their possessions behind. How long do you, the landlord, have to keep the possessions before you are legally allowed to get rid of them.

 

What Is Abandoned Property?

When a tenant leaves the rental unit without notice, and the landlord believes they will not return, the tenant has abandoned the rental. Any possessions left behind are considered abandoned property.

What Happens to the Abandoned Property?

The landlord must first give the tenant notice of the abandoned property. After storing the property for a period of time, based on state law, a landlord typically has the right to sell, donate or discard the abandoned property.

State Laws for Abandoned Property

Below is a state by state breakdown of the different policies for abandoned property collection for landlord and tenants. The data has been sourced from the official government website of each state (linked below). Note that D.C. is not visible on the map below but is listed in the text breakdown of the state-by-state policy. While some states have no statute around the timeframe to collect abandoned property, Vermont and Texas have the most liberal laws, allowing tenants 60 days after receiving a notice to collect their property. Meanwhile, states like Delaware, Maine, Wyoming and New Hampshire are on the stricter end of the spectrum, only allowing tenants up to 7 days to recover possessions.

 

Alabama– Alabama tenants must collect abandoned property within 14 days of receiving notice.


Alaska- Alaska landlords have to keep a tenant’s abandoned property for a period of 15 days after sending a tenant notice of their abandoned possessions.


Arizona- Landlords in Arizona are required to store a tenant’s abandoned possessions for a period of 14 days after sending notice of the abandoned possessions to the tenant’s last known address via certified mail, with return receipt requested. A landlord is not required to keep perishables, abandoned animals or plants for this time. After 14 days, the landlord can discard or sell the property.


Arkansas- In Arkansas, any property left behind by the tenant can be disposed of by the landlord.


California- California tenants have 18 days to recover abandoned property. Tenant must pay storage costs.


Colorado- Colorado does not have a statute about abandoned property.


Connecticut- In Connecticut landlords must keep a tenant’s abandoned possessions for 30 days after giving the tenant notice before disposing of them.


Delaware- In Delaware, tenants have 7 days after receiving a notice to recover abandoned property. The landlord can dispose of this property after this period.


Florida- In Florida tenants have 10 days to collect abandoned property after notice if the notice is hand delivered and 15 days to collect abandoned property if the notice is mailed.


Georgia- If a Georgia landlord is granted a writ of possession against a tenant, he or she does not have to store any of the tenant’s abandoned property.


Hawaii- In Hawaii, a landlord has to send notice to a tenant’s last known address that they have 15 days after receiving this notice to collect any abandoned possessions. After this 15 day period, the landlord has the right to sell, donate or otherwise dispose of the property.


Idaho- In Idaho, a landlord must file an eviction complaint with the court in order to remove abandoned property left behind by the tenant.


Illinois- Illinois does not have a specific law about abandoned property.


Indiana- An Indiana landlord must store a tenant’s abandoned property for 90 days after giving notice.


Iowa- Iowa does not have a specific law for abandoned property.


Kansas- Kansas tenants have 30 days after a landlord takes possession of the property to collect their possessions. The tenant must pay reasonable storage fees.


Kentucky- There is no state law about storing a tenant’s abandoned property in Kentucky.


Louisiana- Louisiana does not have a specific law about abandoned property.


Maine- Tenants in Maine have 7 days after receiving a notice to recover abandoned property. The landlord must include a list of all abandoned items in the notice.


Maryland- Maryland does not have a specific statute about abandoned property.


Massachusetts- Massachusetts landlord-tenant law does not have a statute on abandoned property. The landlord should include a lease clause that describes what will happen to the abandoned property.


Michigan- There is no statute for abandoned property in Michigan.


Minnesota- A landlord must keep a tenant’s abandoned possessions for 28 days in Minnesota.


Mississippi- Mississippi does not have a law about abandoned property.


Missouri- Missouri tenants have 10 days after receiving a notice to claim abandoned property before a landlord can dispose of or sell it.


Montana- Montana tenants have 10 days after receiving a notice to collect abandoned property. Tenant must pay storage costs.


Nebraska- If a landlord hand delivers notice of abandoned property to the tenant, the tenant has 7 days to claim it. If the landlord sends notice of abandoned property by mail, the tenant has 14 days to claim it. In either case, the tenant must pay any fee to store the property.


New Hampshire- A tenant in New Hampshire only has 7 days after receiving a notice to collect abandoned property.


New Jersey- New Jersey landlords must keep a tenant’s abandoned property for 30 days after the tenant has received notice or 33 days after the date the landlord mailed the notice before they can dispose of or sell the property. Tenant must pay storage costs.


New Mexico- New Mexico landlords have 30 days after giving notice before they can discard or sell a tenant’s abandoned property. Tenant must pay reasonable storage fees.


New York- New York does not have a specific law about abandoned property.


Nevada- Nevada landlords must store a tenant’s possessions for a period of 30 days after providing a tenant with notice of the possessions. The tenant must pay any reasonable storage fees to recover the possessions.


North Carolina- If the property is worth less than $750 dollars, a North Carolina landlord can store the property at a nonprofit organization, notify the tenant and give the tenant 30 days to claim it. If the property is worth more than $750, the landlord should file an eviction claim with the court in order to dispose of it.


North Dakota- North Dakota landlords must keep a tenant’s possessions for 28 days after abandonment.


Ohio- Ohio does not have a statute about abandoned property.

Oklahoma- Oklahoma tenants have 15 days to collect abandoned property before a landlord can dispose of or sell it. Tenant must pay storage fees and any additional money owed to the landlord.


Oregon- Oregon tenants must contact the landlord within 5 days of receiving notice if the notice was hand delivered or within 8 days if the notice was mailed to arrange to pick up the abandoned items. The tenant has 15 days after initially contacting the landlord to actually pick up the items or the landlord can dispose of them.


Pennsylvania- Pennsylvania tenants must contact the landlord within 10 days of receiving notice of their intention to collect abandoned property. The landlord must store this property for 30 days. If the tenant has not contacted the landlord within 10 days of receiving notice, the landlord may dispose of the property.


Rhode Island- Rhode Island landlords must store any possessions that are considered abandoned for a “reasonable” amount of time. The landlord must make a good faith effort to notify the tenant of the possessions left behind and should keep copies of any efforts made to contact the tenant.


South Carolina- South Carolina landlords must only keep a tenant’s abandoned property if it is worth more than $500 dollars. The landlord must file a formal order with the court to dispose of it. Abandoned property under $500 dollars may be disposed of.


South Dakota- South Dakota tenants have 30 days to recover abandoned possessions.


Tennessee- Tennessee landlords have to keep a tenant’s abandoned possessions for 30 days.


Texas- Texas tenants have 60 days after receiving a notice to collect abandoned property. After that time, a landlord may dispose of it.


Utah- Utah tenants must claim the abandoned property within 15 days of receiving notice. The tenant must pay storage costs.

 

Vermont- Vermont landlords must hold onto a tenant’s property for 60 days after giving the tenant notice of the abandoned property. To claim the property within this period, the tenant must give a written description of the abandoned property and must pay any storage fees.


Virginia- In Virginia, if the landlord has given the tenant prior notice regarding lease termination and abandonment, after a tenant’s lease is considered terminated, the tenant only has 24 hours to collect any possessions left behind. If the landlord has not given prior notice, the tenant has 10 days to respond to a notice about collecting abandoned possessions. The tenant has 24 hours after this period to collect possessions.


Washington- Tenants in Washington state have 45 days to recover abandoned property. The tenant must pay reasonable storage fees.


Washington D.C.- The District of Columbia does not have any specific law regarding a tenant’s abandoned property. It is therefore up to the landlord to include a lease clause that states what will happen if a tenant leaves the property at the rental after move out.


West Virginia- West Virginia tenants have 30 days to claim abandoned property.


Wisconsin- Wisconsin tenants must claim the abandoned property within 30 days of notice or the landlord has the right to dispose of it.


Wyoming- In Wyoming, tenants have 7 days after receiving a notice to notify the landlord of their intent to collect the property. The tenant then has 15 additional days to actually collect the property.

 

 

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National Federal Eviction Moratorium – Learn About Protections and Steps Renters Must Take!

National Federal Eviction Moratorium – Learn About Protections and Steps Renters Must Take!

  • Posted: Feb 08, 2021
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National Federal Eviction Moratorium

Learn About Protections and Steps Renters Must Take!

A federal eviction moratorium issued by the Centers for Disease Control (CDC) is in effect from September 4, 2020 to March 31, 2021. The temporary moratorium on evictions extends vital protections to tens of millions of renters at risk of eviction for nonpayment of rent during the global pandemic.

The federal eviction moratorium is essential relief for struggling renters, but it merely postpones evictions – it doesn’t prevent them. When the moratorium expires on March 31, 2021, back rent will be due, and renters will be unable to pay. In the meantime, small landlords who rely on rental income to maintain and operate their properties will increasingly struggle to pay their bills.

What’s Next?

To be protected, qualified renters facing eviction should immediately provide a signed declaration to their landlords. For more details about the moratorium and a sample declaration that renters can use, read NLIHC’s and NHLP’s Overview of National Eviction Moratorium and our National Eviction Moratorium: FAQ for Renters

 

The federal eviction moratorium is essential relief for struggling renters, but it merely postpones evictions – it doesn’t prevent them. When the moratorium expires on March 31, 2021, back rent will be due, and renters will be unable to pay. In the meantime, small landlords who rely on rental income to maintain and operate their properties will increasingly struggle to pay their bills.

An emergency COVID-19 relief measure enacted in December 2020 included $25 billion in emergency rental assistance. While the relief bill provided essential and desperately needed protections for renters, additional resources and protections are needed. Congress must provide at least $100 billion in emergency rental assistance to keep renters stably housed during and after the pandemic and to ensure we don’t lose any of our country’s essential housing stock. Learn about NLIHC’s top priorities to ensure housing stability during the pandemic.

Read NLIHC, NHLP, and Eviction Lab’s Housing Priorities for the Biden-Harris Administration: Enact a Broad Eviction Moratorium

Learn More

Join NLIHC’s national call on coronavirus, disasters, housing and homelessness every Monday at 2:30-4:00 pm ET for an in-depth discussion on the federal eviction moratorium and critical steps renters must take to ensure they are protected. Our partners who are experts on the moratorium, evictions, and state partners who are working with renters on the ground, will join us for the discussions.

NLIHC’s estimate of how much emergency rental assistance each state will receive under the proposal (note: these estimates combine allocations to the state government and local jurisdictions within each state).

Take Action

  1. Share information with renters about the federal eviction moratorium and the steps they must take to be protected! See NLIHC and NHLP’s Overview and FAQ for more details on the moratorium and a sample declaration form that renters can use.
  2. Use social media to tell Congress that housing stability during and after this pandemic cannot wait. Call out the need for #RentReliefNow using our sample social media posts and images. Tag your member of Congress and demand action!
  3. Contact your senators and representatives: Demand that Congress and the White House restart negotiations and pass additional resources and protections to address the health and housing needs of America’s lowest-income renters and people experiencing homelessness. Find the phone numbers of your members of Congress here or send an email!
  4. Use NLIHC’s Advocacy Toolkit to urge Congress to take immediate action to ensure people get and stay stably housed.
  5. Publish op-eds and letters to the editor in your local papers using NLIHC’s media toolkit here.
  6. NEW: Add your organization to NLIHC’s national letter demanding that the CDC:
    • Extend the federal eviction moratorium through the end of the pandemic;
    • Strengthen the moratorium by making it an automatic and universal moratorium, or, at a minimum, require landlords to provide notice to renters of their rights under the CDC moratorium and prohibit landlords from filing or advancing eviction proceedings unless they attest that they have not received a signed declarative statement from tenants;
    • Rescind the Frequently Asked Questions (FAQ) document issued on October 9 that creates loopholes in the moratorium’s protections making it more difficult for struggling renters to remain stably housed; and
    • Commit to enforcing the moratorium and create a mechanism for renters to file complaints against landlords who violate it.

 

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