Responsibility for rental property repairs and maintenance can be governed by state landlord-tenant statutes; state and local building and safety codes; the landlord’s lease agreement; and any oral or written promises (express or implied) made to the tenant regarding rental property conditions, amenities, services, or other rental offerings.

Landlord Responsibilities

Implied Warranty of Habitability

In almost all states, a landlord is required to provide housing that meets basic structural, health, and safety standards. Under the legal doctrine of implied warranty of habitability, landlords are responsible to maintain and repair the rental property during the lease term. The basis for the implied warranty comes from either local building codes which specify minimum requirements for essential services or widely held common-law beliefs of what constitutes decent housing. The source of the warranty determines the landlord’s responsibilities and the legal remedies available to the tenant. In states that use common law definitions for habitability, implied warranty is independent of building codes. Landlords may be responsible for repairs and maintenance under building codes and responsible for repairs and maintenance under the common law approach.

Since some states have more stringent requirements than others, it is important for a landlord to know the specific standards under his state’s law and to use those standards as a minimum standard for his properties to fulfill his legal responsibilities and protect his financial interests.

A tenant in most states cannot waive his rights to habitable housing even if the tenant is willing to accept sub-standard housing conditions.

The landlord’s obligations do not extend to breakages, malfunctions, or other conditions which do not materially affect the health and safety of the tenant. The landlord is not required to correct conditions caused by misuse or inappropriate use of the premises by the tenant, the tenant’s family, or invited guests.

Fit and Habitable Housing

In most jurisdictions a landlord has a duty to:

• Maintain the premises in a fit and habitable condition.
• Maintain the common areas of buildings and grounds in safe and sanitary condition.
• Comply with building, housing, health, and safety codes.
• Keep all electrical, plumbing, heating, and ventilation systems and fixtures in good working order.
• Maintain all appliances and equipment supplied or required to be supplied by the landlord.
• Provide running water and reasonable amounts of hot water and heat, unless the hot water and heat are supplied by an installation that is under the exclusive control of the tenant and supplied by a direct public utility hook-up.
• Provide garbage cans and arrange for trash removal if the landlord owns four or more residential units in the same building. Some jurisdictions also require recycling containers.
• Give notice as required by statute, unless it is an emergency, before entering a tenant’s unit, and enter only at reasonable times and in a reasonable manner.

Additional responsibilities to ensure habitable conditions may be imposed in some states or by local jurisdictions. Requirements can include climate-related responsibilities such as weather-proofing protections for heat, cold, water conditions, or severe weather; exterior lighting, security locks or other safety measures for protections against neighborhood conditions that pose a high crime risk; or environmental protections against hazards such as lead-based paint, mold, and asbestos building materials; and health and safety protections against pest infestations.

Tenant Rights and Responsibilities

Covenant of Quiet Enjoyment

A tenant has the right to quiet enjoyment of leased premises. The covenant of quiet enjoyment ensures the tenant that during his tenancy, his use and enjoyment of the dwelling unit will not be disturbed by others including the landlord. The covenant between landlord and tenant provides the tenant with the right to exclude others from the premises, the right to peace and quiet, the right to a clean and habitable environment, and the right to basic services.

If the landlord allows the premises to deteriorate causing the premises to become uninhabitable, the landlord has breached the tenant right to quiet enjoyment.

While the landlord has the responsibility to provide and maintain housing in a safe and sanitary condition, the tenant has the responsibility to ensure the property stays in clean condition and in good repair. The tenant is held responsible to notify the landlord of any health and safety issues in a timely manner. Failing to do so may make the tenant liable for additional damages that would not have occurred had the tenant reported the matter as soon as it was discovered.

Additionally, in most jurisdictions a tenant has a duty to:

• Dispose of garbage, trash, and other waste in a safe and sanitary manner.
• Keep the plumbing fixtures as clean as their condition permits.
• Use electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other systems properly.
• Comply with housing, health, and safety codes applicable to tenants.
• Refrain from damaging the premises and keep guests from causing damage.
• Maintain in good working order appliances supplied by the landlord.
• Conduct himself in a manner that does not disturb any neighbors and require guests to do the same.
• Permit landlord to enter the dwelling unit if the request is reasonable and proper notice is given.
• Be responsible for items that break or are damaged by tenant misuse or negligence.

In summary, the landlord is held financially responsible to keep the rental premises habitable throughout the tenancy including repairs resulting from normal wear and tear or from actions of a third party such as vandalism. However if the tenant’s actions result in the rental premises becoming unfit, the tenant is held responsible and therefore financially responsible for repair costs.

Lease Agreement

The landlord’s lease agreement is the defining document of rental duties and responsibilities. If an issue arises, the first look back will be to the lease agreement for specifics of landlord and tenant duties and remedies for contract violations.

The issue of property maintenance and repair should always be clearly defined in the landlord-tenant lease agreement. The lease should incorporate the repair and maintenance issues that are specifically addressed by state landlord-tenant statutes and municipal codes as well as the landlord’s rental policy and practices for repairs and maintenance. There should be no discrepancy between landlord policy and practices and legal compliances.

Before setting his maintenance-repair policy and practices, a landlord’s due diligence in researching state landlord-tenant statutes and local code requirements will help determine what maintenance and repair responsibilities may be legally assigned to the tenant and what responsibilities can be assigned to the tenant as a practical matter.

Failure to adequately address these issues within the lease agreement can lead to erroneous assumptions as to which party is responsible for specific maintenance and repair issues. This can result in landlord-tenant conflicts and/or damages to the landlord’s property due to failure of the tenant to perform certain maintenance tasks. Without adequate definition of responsibilities, tenant failure to perform maintenance, for which the tenant can legally be made responsible and for which the landlord had assumed the tenant had been made responsible, could result in claims of non-habitability being filed against the landlord with government agencies or in court despite the fact that the tenant had accepted the responsibility. Although the landlord may prevail in defending against such claims, it can require significant time and money to deal with them.

Major Repairs and Maintenance

It is generally held that the responsibility for major maintenance of essential services, structural items, and common areas should be retained by the landlord. In some jurisdictions, courts have held that responsibility for major repairs and maintenance cannot be delegated to tenants due to concerns of tenants’ means and abilities to perform required repairs and maintenance. There is greater potential liability to the landlord regarding claims of injuries or damage to people and property for careless or faulty repair work. While in some states a landlord has a legal right to delegate major repairs, a landlord still retains the responsibility for providing habitable housing.

Minor Repairs and Maintenance

Repairing or replacing items that fail due to normal wear and tear is assumed by the landlord as the cost of being business.

Tenant Assignment of Maintenance Tasks

Although the lease agreement may hold the tenant responsible for certain maintenance and repair duties, the tenant may not have the expertise and experience to correctly complete the task. Transfer of maintenance responsibility to the tenant does not relieve the landlord of a duty to monitor the tenant’s work performance and quality standards and, as necessary, take control to ensure compliance with habitability standards. In general, allowing tenants to do repairs is not a good idea.

Appliance Repairs and Maintenance

Appliances furnished with the rental unit must be maintained by the landlord. If the rental unit is advertised as being equipped with named appliances and the lease agreement covers appliances furnished for use by a tenant during the lease term, a landlord is obligated to take appropriate action to repair or replace the failed appliance. A landlord does not have the option to decline the service request. It is the landlord’s option to decide whether the appliance should be repaired or replaced.

Tenant Damage

As a general rule, if the tenant or his family or guests cause damage to the rental property, either through misuse, inappropriate use, or negligence, the tenant is responsible to pay for repairs or replacement.

Tenant Unauthorized Repairs

The landlord may not be aware that the tenant is making repairs for which the tenant hasn’t the skills and experience to do them correctly and safely. A tenant may repair items on his own because the tenant caused damage and doesn’t want the landlord to find out about it. If tenant repairs are not properly done, it can cost more to correct the damage/repair than it would have cost for the work to have been done by a qualified vendor. Regular property inspections can help discover repair and maintenance issues that should be done or need to be redone.

Maintenance and Repair Documentation

It is important to maintain a detailed up-to-date maintenance/repair log which provides detailed information about tenant requests for maintenance service, repair and replacement work by the landlord or authorized vendor, results of property inspections, and corrective actions taken. Keeping a maintenance/repair log is evidence of the landlord’s compliance to provide safe and sanitary housing.

You may want to start your search by talking with your fellow landlords who currently use property management companies. Are they willing to recommend their management company? How satisfied is the landlord with the company’s performance? Are the landlord’s tenants satisfied with the customer service and maintenance responses from the management company?

You will need to research property management companies in your area and prepare a list of potential companies to interview.

Before proceeding to interview each candidate management company, you should verify that the company is properly licensed and whether any complaints have been filed or disciplinary actions have been taken against the company. For each management company interview you should ask questions specific to these qualifying issues.

• Property Type Qualified – Is the company qualified to manage the type of property you have? How many units do they manage? Although the number of units is one preliminary indication of the firm’s qualifications, the number of units managed is usually not more important than the firm managing properties of a type similar to yours.
• Services Offerings – Consider each kind of service you want the company to perform for you. This will usually include: finding, screening, and selecting tenants; executing leases; holding and accounting for deposits; collecting rents; handling tenant complaints; performing property inspections; handling evictions; attending to tenant and property emergencies; supervising routine maintenance and repair; and providing financial accounting and reporting.
• Staffing – Are the property managers licensed? Highly experienced? How many accounts are assigned to each manager? Will the company have adequate qualified staff if your properties are added to their current management load?
• Management Contract – What are their management contract terms and conditions? Are the terms and conditions legal? How willing are they to negotiate? What are the costs of essential services? What other services are available; at what cost? What is the termination procedure? Can you delete a clause that gives them a listing if you decide to sell the property, as this is considered an unacceptable clause by many, perhaps most owners of rental properties?
• Screening & Selection Procedures – How does the management company handle tenant screening? Will they make the tenant selection? How will they incorporate your business requirements for tenants into their practices?
• Documentation – Legal and adequate documentation is extremely important for minimizing management problems and dealing with problems. You will want to obtain copies of all documentation used by a candidate manager and ensure they are legally compliant and in accord with your business policies.
• Management issues – Does the company have adequate operational and management procedures in place? Does the company employ technology that results in efficient and cost-effective management and that provides adequate reporting? How will they work with you for your best business interests?
• Tenant Services – How is maintenance and repair handled by the management company? How is tenant customer service handled regarding questions, concerns, and complaints? Is tenant service provided 24/7 or during business hours only? Does the management company use an online tenant portal for rents, deposits, fees collection, and general tenant services?

Keep in mind that the use of a property management company does not eliminate owner liabilities related to business ownership and operation. The property management company becomes the owner’s legal agent who essentially controls the rental investment through the management’s representation with tenants and governmental agencies, enforcement of rental policies, and handling of rents and deposits. The owner is liable for all acts performed by the owner’s agent in exercise of the authority given the agent by the owner.

There is probably nothing inherently wrong with using unlicensed vendors for many routine non-critical tasks that do not require a license by law as long as you are aware of the risks and take the necessary precautions to protect yourself.

You should understand the licensing requirements of your state to give you some idea of the value to put on the license and, of course, to know if you are required by law to use a licensed contractor for the particular work being considered.

Many states define which tasks must be performed by licensed contractors and set maximum dollar limits for which a license is not required no matter what the type of work.

A licensed contractor should usually be preferred over an unlicensed vendor.

In many states, the advantages of using a licensed contractor usually include some or most of the following:

• Provides procedures for filing complaints, with penalties of license suspension when the licensee is found in violation of laws and regulations,
• Provides assistance to consumers in resolving conflicts with the licensed contractor,
• Provides access to a state Recovery Fund in the event of poor work done by the licensed contractor,
• Allows litigation against the licensed contractor, while a consumer’s right to sue an unlicensed vendor is restricted in some jurisdictions,
• Licensees are often required by the state to be bonded,
• Licensees are required to carry liability insurance (proof of adequate insurance should be required),
• Licensees are required to carry workers’ compensation insurance for employees and sub-contractors (proof of adequate insurance per state law should be required),
• Licensees are required to obtain applicable permits (unlicensed venders will not be able to even pull a permit in many jurisdictions), and/or
• Licensees are required to do the work per building codes.

It depends on the circumstances of the hiring arrangement. Worker classification is an important decision for business and tax purposes. You will want to define the nature of the work to done and how the work will be done before you decide to hire an employee or engage an independent contractor (IC). While many tasks can be satisfactorily performed equally by either an employee or an IC, the use of one class of worker over the other can be a matter of employer preference. However the classification of the worker is not a matter of preference. When a worker is hired, it is the business relationship that will exist between the employer and the individual performing the work that will be the determining classification of employee or IC, not a label or preference. The classification decision must be weighed according to all facts.

The type of relationship between the parties is evidenced by the (1) written contracts describing the relationship the parties intended to create; (2) whether or not the business provides the worker with employee-type benefits such as insurance, pension plan, vacation pay or sick pay; (3) the permanency of the relationship; and (4) the extent to which services performed by the worker are a key aspect of the regular business of the company.

Generally an employee is an individual who performs services that can be controlled by the employer. That is, the employer gives instructions to the worker regarding when and where to do the work, the tools to use, the order or sequence for the work to be performed, and training to perform the work in a particular manner. An employer exercises financial controls over an employee by how the worker is paid, the extent to which the worker realizes profit or loss, the extent to which the worker can make his services available to others in the relevant market, and the extent of the worker’s investment in equipment. If the employer exercises behavioral and financial controls over the worker, the worker is considered an employee.

The Fair Labor Standards Act (FLSA) governs minimum wage and overtime pay for employees in an employment relationship. To determine if a worker is an employee under the FLSA definition, the employer must apply an economic reality test to the business relationship. If the worker is dependent upon the employing business for continued work as a matter of economic reality the more likely the worker is an employee.

A home fire is unexpected. A resident may have less than two minutes to realize a fire danger and act accordingly to escape to safety. Being prepared with a fire emergency plan before a fire occurs can help save lives and protect property. Being prepared starts by understanding what causes fires and what can be done to help prevent fires.

Many home fires originate from everyday living activities, such as cooking. According to the National Fire Protection Association (NFPA), cooking related accidents are the most common cause of home fires and related fire injuries.

Cooking-related safety precautions include:

• Stay in the kitchen when cooking. Turn off the burner or oven if you leave the kitchen even for a short time.
• Use all cooking appliances according to the manufacturer’s directions.
• Turn off burners, oven and appliances as soon as food preparation is done.
• When cooking, keep towels, oven mitts, food packaging, and other combustible materials away from hot surfaces.
• Be alert to the danger of loose-fitting clothing catching fire from a hot burner.
• Have a children and pet free zone of at least 3 feet around the stove and areas where hot food or drink is prepared or carried.
• Turn pot handles away from the front of the stove so they are not reachable by small children.
• Do not throw water on a grease fire.
• If a fire starts in a pan, turn off the burner and smother the flames by sliding a lid over the pan. Leave the pan covered until the pan is completely cooled.
• If a fire starts in the oven, turn off the oven and keep the oven door closed.
• Keep a fire extinguisher in the kitchen.

Particularly in the winter months, heating-related fires cause serious injury to residents and damage or destroy property. Fires caused by bedding or other combustible materials placed too close to portable space heaters are the most common types of heating-related home fires.

Heating-related equipment safety precautions include:

• Do not store combustible materials close to any type of heater; Baseboard heaters need 1 foot of clearance and portable space heaters need 3 feet of clearance.
• Portable heaters should be equipped with tip-over switches or thermal cutoff switches.
• Portable heaters should be plugged directly into a wall outlet; do not use extension cords.
• Do not use the stove or oven to heat a home.
• Propane heaters should never be used inside the home due to carbon monoxide danger (CO poisoning).
• Shut off a portable heater when leaving the room or going to bed.
• Furniture should be kept a minimum of 18 inches from fireplaces, wood stoves and heaters.
• Keep combustibles away from the front of the fireplace.
• Use a fireplace screen or keep the fireplace door closed to prevent embers from escaping the fireplace.
• Do not store kindling, wood, or newspapers near a fireplace or woodstove.
• Do not burn trash in the fireplace.
• Have chimneys, fireplaces, wood stoves, and central furnaces serviced annually.

Smoking materials are the leading cause of home fire deaths. Many smoking related fires start in the bedroom. Smoking in bed increases the risks of fire death or injury from blankets or other combustible materials catching fire from a lit cigarette. Smoking materials fires can be prevented. It is strongly recommended that residents do not smoke inside the home.

Smoking safety precautions

If you do smoke inside the home:

• Never smoke in a home where medical oxygen is used, even if it is turned off. Oxygen causes materials to ignite more easily and makes fire burn hotter and at a faster rate than normal.
• Be aware that if you are drowsy, have taken medication or used alcohol, you may not be able to prevent or escape from a fire.

If you go outside to smoke at home:

• Use a deep sturdy ashtray placed away from combustible materials.
• Douse cigarette butts and ashes in water or sand to make sure they are completely out.
• Do not discard cigarettes in vegetation such as leaves, dried grass or other landscaping materials that could ignite easily.

An open flame from a candle is dangerous. More than half of candle fires are caused when combustible materials are too close to the open flame. The winter holiday season is peak period for candle-related fires.

Candle safety precautions include:

• Never leave a burning candle unattended.
• Keep candles at least one foot away from curtains drapes, clothing, bedding and other combustible materials.
• Extinguish all candles when leaving a room or before going to sleep.
• Use only candle holders that are heat resistant, sturdy and large enough to contain any drips or melted wax.
• Keep matches and lighters in a safe place where children can’t reach them.

Faulty electrical appliances or electrical malfunctions are leading causes of many home fires.

Electrical and appliances safety precautions include:

• Use appliances only as directed by the manufacturer.
• Check appliances regularly to make sure they are operating properly.
• Inspect appliances and extension cords for frayed or damaged cords.
• Use tamper resistant outlets.
• Don’t overload outlets or extension cords.
• Use light bulbs that match fixture recommended wattage.
• Extension cords should not be run under carpet or rugs or across high-traffic areas.
• If an appliance has a 3 prong plug, use the appliance only in a three slot outlet; never force appliance plug to fit into a 2 slot outlet or extension cord.
• Use ground fault circuit interrupters in all electrical receptacles in kitchens, bathrooms and other wet areas.
• Use a qualified electrician to make any changes to electrical services.

Clothes Dryer safety precautions include:

• Inspect the clothes dryer for lint build-up before use; clean after every dryer load.
• Check hoses for bends or obstructions that can block air flow.
• Clothing or bedding that made contact with flammable liquids should not be placed in the dryer even if previously washed.
• Never leave dryer running while out of the room, sleeping, or overnight.

Other fire safety precautions include:

• Any flammable liquids, such as cleaning fluids, paints, gasoline, or other highly flammable materials should be stored away from a heat source, preferably in an outside, well-ventilated area or storage building.
• Keep furnace and water heater closets free of storage items; never store combustible items in closets.
• Keep exits, stairways, and hallways clear of obstructions.
• The street address, including house numbers, building numbers, or unit numbers should be clearly marked and easy visible for the fire department to find.

There is a greater likelihood of a home fire occurring at rental properties particularly at multi-family properties. Accordingly, landlords can take additional steps to prevent fire risks and safeguard tenants and property. The landlord’s lease agreement, rental rules and regulations, and new tenant orientation are good opportunities to help educate tenants on fire safety, evacuation procedures in the event of fire or natural disaster, and general emergency procedures and contact numbers.

Regular property inspections should always be conducted by the landlord for health, fire, and safety compliances. In most jurisdictions, there are requirements by local codes for annual fire safety inspections of rental properties.

Most landlords have taken safety precautions against smoking fire risks by prohibiting smoking in the rental unit. The lease agreement should clearly detail the no-smoking policy and how smoking violations will be enforced.

Install smoke alarms on every level of a home including the basement, inside the bedrooms and outside sleeping areas. Interconnect smoke alarms throughout the home so that when one alarm sounds, all alarms sound. Landlords should consider installing both ionization and photoelectric alarms or dual sensor alarms for best protection. For additional protection and as required in most jurisdictions, at least one carbon monoxide (CO) alarm should be installed in the rental unit to detect high concentrations of carbon monoxide gas and alert tenants to take appropriate actions for safety.

At a minimum, there should be a fire extinguisher in the rental unit for use in the event of a kitchen fire. If the home has multiple levels, a landlord should provide a fire extinguisher on each level of the home. An extinguisher can help control small fires and could prevent fire damage to the whole structure. In some jurisdictions, there may be a requirement by local ordinance that landlords install and routinely inspect fire extinguishers in the rental unit.  Tenants should be shown the location of extinguishers and instructed in their use during the tenant move-in property inspection.

If the rental property is a multi-family property, a landlord should prepare an escape/emergency plan detailing clearly marked emergency exits and locations of fire safety equipment including fire alarms and sprinkler systems. A landlord should review the plan with new tenants and post copies of the escape route and emergency procedures and contact numbers in each unit and common areas. As part of safety procedures, a landlord should inspect windows that can serve as exits, making sure windows can be opened, screens readily removable, and tenants know how to unlock window security/safety bars.

A landlord should require tenants to carry renters insurance as a condition for tenancy. Tenants should be reminded that the landlord’s insurance does not cover damage or destruction of the tenant’s personal property in the event of an emergency.

Evacuation of a building

This can be covered during tenant move-in orientation but a fire safety handout can help remind tenants of what to do if they need to evacuate a rental unit in case of a major structural fire.

In the event of a fire:

• Don’t panic.
• Stay calm.
• Don’t assume someone else has called fire department.
• Get out of the building, then call 911.
• Tell firemen if you know of anyone trapped in the building and give approximate location if possible.

To escape a fire

• Test any closed doors with the back of your hand to feel for heat. If the door is cold, slowly open it to ensure that the fire or smoke is not blocking your escape.
• If the door is hot, do not open the door. Find another way out such as a window.
• If you can’t escape through a window, signal your location to firefighters by hanging a light colored cloth outside the window.
• Stuff cracks around the door with towels, rags, bedding, or tape and cover vents to keep smoke out.
• Leave possessions in order to get to safety quickly.
• Keep a piece of clothing or a towel over your nose to filter out the smoke and prevent yourself from passing out. Smoke rises, so more breathable air will be low to the ground. Crawl low under the smoke.
• Close all doors as you leave each room to keep the fire from spreading.
• Don’t delay in getting out. Choose the safest and closest exit.
• Once outside don’t go back in.

During a fire, if your clothes catch fire:

• Stop, drop and roll until fire is extinguished.
• Smother flames with blanket or towel.
• Use cool water to treat burn immediately for 3-5 minutes.
• Cover burns with clean dry cloth.
• Get medical help right away.

While a fire is not entirely preventable, with appropriate fire safety education, residents can help reduce the risk of a home fire. The best recommendation is to follow the three P’s, prepare, prevent, and practice for fire safety.

Understandably a landlord respects an individual’s right to privacy and confidentiality of personal information, but at the same time a prospective landlord has the right to conduct adequate and necessary business screenings as a duty of care to his tenants for their safety and security.

A landlord calling you to verify his applicant’s past rental history has the right to ask relevant questions for tenant screening purposes in order to determine whether the applicant poses a potential business risk if selected as a new tenant. Keep in mind that the landlord calling you has been furnished information about past rental history from the applicant himself. The applicant has been made aware of and consents to the prospective landlord checking references.

Your obligation is to provide factual business information in response to questions that are asked by the landlord as part of his business practices. You should not volunteer information or gossip about the former tenant. Information that you provide, such as dates of tenancy, should be documented items of record in the former tenant’s file and which you can attest to the accuracy and truthfulness of the information.

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Your manager was correct in not allowing a stranger to access a tenant’s apartment without the tenant’s permission for entry. You have no way to determine in fact  whether the stranger is a family member, friend, or someone posing as such in order to commit a crime or harm the tenant or the tenant’s family living in the unit. You should require the visitor to provide an appropriate identification document and explain that you will need to contact the tenant for verification and authorized permission for entry.

Your policy should be to call your tenant at the contact number provided on the tenant information sheet, explain the situation, and ask if the tenant wishes to give you authorization to allow the visitor to enter the tenant’s unit. If the tenant grants permission, you should document the details of the conversation for the tenant file. If the tenant is unavailable, the contact number is invalid, or you have no other means to contact the tenant, the visitor’s request must be denied.  The visitor should not be given access to the unit. You have a legal responsibility to protect the tenant and the tenant’s possessions. If you were to let a “visitor” in to the tenant’s unit without permission, the tenant could sue for invasion of privacy and/or any loss, damage, or injury suffered as a result of unauthorized entry.

Most states set guidelines for landlord entry to a rental unit for specific reasons such as emergencies, landlord inspection of premises, property repairs and improvements, showing the unit to prospective tenants or buyers, and landlord inspection during extended absences by the tenant. However there can be different guidelines and rules for entry to a rental unit by state or local municipalities for reasons of health, safety, or building inspections.

You will need to research your state laws and local ordinances to determine the legal, requirements for access to a rental unit for code inspections. Requirements could vary depending upon the nature of the inspection, the urgency of the matter, or other regulations of a municipal agency such as multi-family, multi-unit housing inspections, the number of rental properties that a landlord owns, or the timeframe since the last inspection.

Some municipalities have implemented rental housing inspection and registration programs to help ensure rental units meet basic housing code standards. These programs require properties to be inspected by qualified rental housing inspectors to help identify and correct habitability issues of health, safety, and security. Landlords may be required to certify their properties meet quality of housing standards before they can register their properties with the municipality.

Fire, health and other municipal inspectors may inspect rental units as allowed by state law or local ordinance simply as a routine matter. Routine inspections help to ensure that a city’s residential units comply with existing state and local building, electrical, fire and plumbing code standards, ensure the structures are safe for occupancy, and that housing stock is maintained to acceptable standards.

Other inspections may be conducted in response to a nuisance complaint that a tenant’s rental unit violates housing codes or health and safety standards. If there is credible reason to suspect code violations, an inspector will contact the tenant to request entry. A tenant can refuse to allow the inspector to enter the rental unit.  If there is the strong likelihood of public health or safety at risk, an inspector can request a search warrant in order to enter the unit and confirm health or safety violations.  If necessary an inspector may be escorted by a police officer if it is anticipated that the tenant will continue to refuse entry by the inspector.

In the event the tenant is not home or unavailable, a landlord may be asked to cooperate with the inspection agency and let the inspector enter the unit. While a landlord should be cooperative to the extent allowed by law, if the tenant has not given permission for entry, the landlord cannot allow access. However, if a warrant has been obtained, a landlord can authorize the inspector to enter the rental unit.

National Lead Poisoning Prevention Week, Oct. 20-26, 2019

Title X of the Housing and Community Development Act (also known as the Residential Lead-Based Paint Hazard Reduction Act of 1992 or Title X) requires disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

Buildings built before 1978 are much more likely to have lead-based paint. Lead-based paint is the most common source of lead poisoning in adults and children.  Lead paint chips, flakes, and peels deteriorate into lead dust, becoming toxic to any person who inhales or ingests it. Even small levels of exposure to lead paint can harm adults and children.

Landlords can help protect the health and safety of tenants by disclosure of lead-based paint and lead-based paint hazards in the rental unit.

There is no law requiring landlords to remove lead paint in rental houses and apartments. However, federal law requires a landlord to provide certain important information about lead paint before a prospective tenant signs the lease agreement. The prospective tenant must receive:

• An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home.
• Any known information concerning the presence of lead-based paint or lead-based paint hazards in the home or building.

For multi-unit buildings, the notification requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation.

Both landlord and tenant must sign the EPA approved disclosure document, the Lead Warning Statement, to acknowledge that the landlord complied with EPA notification regulations. The landlord must retain the document in his rental records for at least three years from the date of the landlord-tenant lease agreement.

Title X covers most residential private, public, and federal owned housing, and housing receiving federal assistance. There are a few exceptions, including:

• Housing construction started after January 1, 1978,
• Housing certified as lead-free,
• Short-term rentals of 100 days or less,
• Single rooms rented in a residential dwelling,
• Residential rental units that contain zero bedrooms (e.g., studio, lofts, etc.),
• Housing designed for persons with disabilities unless children under age 6 live there or are expected to live there,
• Housing designated for seniors (one occupant 62 years of age or older) unless children under age 6 live there or are expected to live there.

Property Renovations and Repairs

The most common way to absorb lead in the body is from inhaling or ingesting microscopic lead dust. Many new cases of lead poisoning in children can be directly linked to common renovation activities and/or demolition work in rental properties.

Landlords have a duty to mitigate exposure to lead hazards by notifying their tenants of planned property repairs and renovations for a pre-1978 residential building.

The EPA’s Renovation, Repair and Painting Rule (RRP) requires: renovators are trained in the use of lead safe work practices; renovators and firms are certified; providers of renovation training are accredited; and renovators follow specific work practice standards.

RPP regulations mandate that any contractor or maintenance staff, including specialty trades such as plumbers, electricians and painters, who disturbs more than six square feet of painted surfaces in a room for interior projects or more than twenty square feet of painted surfaces for exterior projects, replaces windows, or does demolition in housing, child care facilities and schools built before 1978 must be Lead-Safe Certified and trained in lead-safe work practices. These regulations are the standard of care for the industry.

If a rental property manager or his employees conduct renovation, repair, or painting activities in a pre-1978 residential building then the RRP requires that the property manager/firm become a lead-safe certified firm. However if the surface to be painted is not disturbed by activities that may cause dust, the work is not considered renovation and EPA’s lead program requirements do not apply. Painting projects that involve surface preparation that disturbs paint, such as sanding and scraping, would be covered by EPA requirements. If the work is hired out, only a lead-safe certified firm for building maintenance, repair, or painting could perform work that disturbs lead-based paint.

The RRP also requires that certain actions be taken to protect tenants. In housing built before 1978, the contractor must:

• Distribute EPA’s lead pamphlet to the owner and occupants before renovation starts.
• In a child-occupied facility, the lead pamphlet must be distributed to the owner of the building or an adult representative of the child-occupied facility before the renovation starts.

If the renovation is to be performed in common areas of multi-family housing, the contractor must:

• Either distribute renovation notices to tenants or post informational signs about the renovation or repair job. Informational signs must:
• Be posted where they will be seen;
• Describe the nature, locations, and dates of the renovation;
• Be accompanied by the lead pamphlet or by information on how parents and guardians can get a free copy;
• Obtain confirmation of receipt of the lead pamphlet from the owner, adult representative, or occupants (as applicable), or a certificate of mailing from the post office;
• Retain records for documentation of compliance for three years following completion of a renovation.

RRP Rule Emergency Provision

Emergency renovations are those activities that were not planned but result from a sudden, unexpected event that, if not immediately attended to, present a safety or public health hazard, or threaten equipment and/or property with significant damage.

Contractors performing activities that are immediately necessary to protect personal property and public health need not be RRP trained or certified and are exempt from the following RRP rule requirements: information distribution, posting warning signs at the renovation site, containment of dust, and waste handling. Firms are not exempt from the RRP rule’s requirements related to cleaning, cleaning verification, and recordkeeping. Further, the exemption applies only to the extent necessary to respond to the emergency. Once the portion of the renovation that addresses the source of the emergency is completed, the remaining activities are subject to all requirements of the RRP rule.

There are RPP emergency guidelines specific to natural disasters. A natural disaster may significantly damage or destroy housing that could pose serious health and safety risks to the occupants. For buildings that will be reoccupied, immediate renovation and repairs will be necessary to stabilize the structure, protect the contents, and prevent further property damage and loss of value.

In the aftermath of a natural disaster, renovation and repair firms may utilize the RRP emergency provision to the extent necessary to respond to urgent safety and public health hazards and threats of significant property damage. As noted above, the firms must still comply with RPP’s cleaning requirements (performed by certified renovators or trained workers), cleaning verification requirements (performed by certified renovators), and certain recordkeeping requirements. Once the safety and public health hazards and threats of significant property damage have been addressed, the emergency provision can no longer be utilized.

Other Non-Emergency RPP Provisions

Generally the RPP rule does not apply to a project that demolishes and rebuilds a structure to the extent that the structure is effectively new construction.

The RPP rule generally applies to all other renovation and rehabilitation projects, including partial removal of painted surfaces or projects that involve only one level of a multi-level structure.

Temporarily unoccupied or vacant homes are not exempt from the RPP rule.

When all renovation and cleanup of a project have been performed to RRP rule requirements, additional work can be performed without following the rule requirements provided further disturbances of paint will not occur. Activities that do not disturb paint (e.g., applying paint to already prepared walls) are not regulated under the RRP rule if they are conducted after post-renovation cleaning verification has been performed.

State Statutes

Most states and many municipalities have lead-hazard reduction programs. These programs establish standards for the reduction, elimination, and abatement of lead based hazards including notification requirements and procedures for conducting lead-based paint activities. The standards as established in many of these states and municipalities could be more stringent in requirements and notifications than the federal standard.

Despite the landlord’s policies and rules, it is not uncommon for a tenant to move another person into the rental unit. A landlord should therefore be prepared with a plan to address the issue of an unauthorized occupant.

A landlord should first understand the issue by asking the tenant for an explanation of why an additional person is living in the unit. There is always the possibility that the tenant misunderstood the terms and conditions of the lease agreement. The landlord should restate lease terms and conditions, including the landlord’s policy on occupancy use and limits, the guest stay policy, and the legal remedies available to cure the lease violation.

If the original named tenant wants to finish his lease term with the additional person living in the unit, the landlord by terms of the lease agreement has the right to require the guest to complete a rental application and submit to the landlord’s written standard tenant screening. The guest/applicant will be required to pay standard application and screening fees stated in the landlord’s rental policies.

If the guest/applicant qualifies under rental criteria, the landlord should approve the application and continue the tenant orientation process. Since the terms and conditions of tenant’s lease have been changed, it would be advisable to terminate the tenant’s original lease and execute a new lease with both the original and new occupants being tenants. The addition of another tenant may justify an increase in rent. If so, landlord and tenants must agree to the new terms and conditions.

The security deposit furnished by the original tenant may be assigned to the new lease, but the new lease should specifically state that this is agreeable to the original and new tenant. If the security deposit amount is being increased, either because the security deposit was not previously at the maximum allowed by law or because an increased rent allows a larger deposit, the appropriate new security deposit amount can be collected from both tenants and the original security deposit amount then returned to the original tenant.

If the guest/applicant doesn’t qualify to rental standards, the landlord may reject the applicant. The landlord must follow requirements for adverse action notification under the Fair Credit Reporting Act (FCRA).

The landlord can serve the tenant with a notice to cure or quit due to the breach of the lease by the tenant moving in unauthorized occupants. If the problem is not cured to lease terms (i.e., removing unauthorized occupants) or vacating the unit within the number of days specified in the notice, the landlord may terminate the lease agreement and file an unlawful detainer (eviction) action. Some states may allow landlords to terminate a tenancy with an unconditional quit notice that does not give the tenant an opportunity to correct the problem.

A landlord could file for eviction of the named tenants and any John and/or Jane Does residing in the rental unit for breach of lease for other reasons, such as rent defaults, disturbance, etc. If the landlord is awarded a judgment for possession, all occupants would be removed from the rental unit.

If the occupant poses a threat to people or property, in some states there may be provisions for an accelerated notice period for eviction.

If the tenancy is month-to-month, a landlord can serve the appropriate written notice for termination of tenancy and avoid the need to prove a lease default.