What are some commonly required landlord disclosures?
State statutes address various landlord-tenant issues, regulate landlord-tenant duties and obligations, and require landlord disclosure of important landlord-tenant laws.
Notice and disclosure requirements will vary among the states. The most common state disclosure requirements are policies on owner and agent identity, security deposits, nonrefundable fees, and move-in/move-out checklist requirements.
Owner/Agent
The majority of mandatory disclosure states require owner/agent information be provided to the tenant at or before the commencement of the tenancy. Disclosure requirements include the name and address of the property’s owner; the name and address of the owner’s agent who is authorized to manage the premises; the name and address of the authorized agent who can act for and on behalf of the owner for the purpose of service of process and receiving notices and demands. Some states include a requirement for the name and address of the person who can be readily contacted by the tenant or a requirement of the name of the person authorized to accept and collect rent.
Security Deposits and Non-refundable Fees
The landlord’s deposits and fees policies are always key issues in the landlord-tenant relationship.
Most states require the landlord to inform the tenant at or before collection of the security deposit how the deposit will be used. Common disclosures require the landlord to disclose in writing the conditions under which part or all of the security deposit may be withheld and whether any part of the deposit is refundable.
A landlord may be required to provide a written list of preexisting damage to the rental before collecting a security deposit or provide a copy of inspection orders or habitability defects. In states that require a separate account for holding a security deposit, a landlord is required to disclose the account number, amount on deposit, interest rate, and name and address of the financial institution.
Some states address the issue of whether nonrefundable fees are permitted as a simple “No.” Some states permit nonrefundable fees as a “Yes” with disclosure requirements. Those states that permit nonrefundable fees require the lease or written statement to explain the fees that are required and the purpose for which they are required. A landlord may be required to provide the explanation to the tenant before the deposit is taken and in some states the fee must be expressly agreed to in writing by the tenant.
Tenant Move-in/Move-out Checklists
In most states if the landlord collects a security deposit, a move-in checklist is required. The move-in checklist is a written record of the inventory and condition of the rental premises as retained in the tenant file along with the lease agreement. A tenant has the right in many states to be present during the landlord move-out inspection of the rental premises.
Other
Additionally most states require landlord disclosure of landlord policies and conditions and material facts about the property that may affect the tenant’s right to habitable, safe, and sanitary housing, and the tenant’s right to quiet enjoyment of the rental premises.
There are many other landlord disclosures required by federal laws, state statutes or local ordinances that may apply to the rental property.
Environmental hazard issues requiring disclosure may include:
- Lead-based Hazards
- Toxic Mold
- Radon Gas
- Asbestos
- Air Contamination
- Flooding/Flood Zone
- Military Ordnance Zone
Health and safety issues that may require disclosures may include:
- Housing Code Violations
- Condemnation Orders
- Methamphetamine Contamination
- Pest Control
- Bedbugs
- Smoking
- Marijuana
- Fire Alarms/Fire Protection
- Smoke Detectors
- Carbon Monoxide Detectors
- Child Protection Window Guards
- Safety and Security Measures provided by Landlord
- Tenant Notification of Hidden Defects
- Domestic Violence Victim Rights
- Megan’s Law Registered Sexual Offender Database
Disclosure may also be required in some states for:
- Rent Control
- Condominium Conversions
- Foreclosure Proceedings
- Demolition permits
- Truth in Renting Act
The landlord’s rental policies may also require applicant/tenant disclosure before entering into a lease agreement. Policies may include:
- Shared Utility Arrangements
- Screening Criteria
- Background Checks
- Late Fees
- Dishonored Check Fees
Local ordinances may regulate essential services and housing code requirements that must be disclosed to applicants and tenants.