Blind Hiring

Employers may utilize blind hiring techniques to prevent discrimination in their recruitment and hiring processes. Blind hiring techniques anonymize demographic data about a candidate or applicant by removing personally identifiable information from candidate resumes and applications. Candidates and applicants advance through the hiring process based upon their demonstrated skills and abilities, not on the strength of a resume.

Theory

The theory behind blind hiring is to eliminate unconscious or intentional bias in hiring decisions by focusing on the abilities of candidates and applicants. Studies have shown that recruiters and managers prefer to hire candidates/applicants whose demographic backgrounds are similar to their own. Studies have further shown that many hirings are based upon common interests of the recruiter/manager with the candidate/applicant’s hobbies, leisure activities, or other activities and traits that are not directly related to job qualifications or required for job performance.

Using blind hiring techniques, candidates and applicants are evaluated and selected on their demonstrated talents and skills rather than cultural similarities to the existing workforce. By redacting personal information from consideration, the recruiter or hiring manager must focus on the candidate or applicant’s skill sets in relation to the job qualifications and requirements.

Traditional Hiring Processes

Traditional recruitment and hiring processes focus heavily upon data collection of candidate/applicant “credentials” supplied by resumes, applications, consumer reports, and background checking. Much of the hiring process is information gathering of personal data including education, employment history, references, and other histories considered relevant to job qualifications. The general consensus is that the more information that is gathered, the more likely an objective hiring decision can be made.

While much information can be collected, the information process is not infallible and may not always produce the expected results or the best hire. If key qualifying information is somehow missed during the data collection phase, the candidate/applicant could be unfairly dismissed from hiring consideration. The hiring manager or recruiter therefore depends upon a variety of information sources and verifications supported by personal interactions with a candidate or applicant including personal interviews and assessments in order to make an informed hiring decision.

Bias

While every effort is made to remove bias of any kind from the hiring process, bias is inherent due to human nature. The hiring manager or recruiter will use his knowledge and experiences to evaluate and advance candidates for potential hire. Unconscious bias from life experiences of the manager/recruiter can influence the decision making. This unintentional bias can shape how the manager/recruiter perceives the candidate/applicant personally and professionally. Emphasis could be placed on the applicant’s work history with a well-known employer or the manager/recruiter could be impressed with a degree from a major university. With traditional practices, a recruiter/manager “knows” what a good candidate looks like and will likely hire for organizational fit rather than skills. Accordingly organizations recognize the risk of personal bias and take appropriate measures to train recruiters and managers to evaluate only the substance of candidate and applicant information supplied by documentation and during interviews.

The goal of blind hiring is to eliminate personal information bias and evaluate candidates and applicants on demonstrated skills, abilities, and work assessments that are job requirements.

To counter against potential bias, blind hiring techniques include:

• Removing candidate specific identifying information from resumes and applications that generally have no bearing on the individual’s ability to perform to job standards. Information redacted may include:
  • Name
  • Address
  • Gender
  • Age
  • Marital status
• Eliminating resume requirements.
• Utilizing skills testing or simulated work projects to assess candidates and applicants.
• Conducting anonymous interviews through use of various technologies to mask personal identifying characteristics (e.g. voice) or using chat rooms.

Blind Hiring Process

The decision to implement blind hiring techniques is a business decision that must be customized to each organization within the industry served. There can be positive outcomes for many organizations in utilizing blind hiring theory to develop and refine their hiring processes. There can be issues with blind hiring techniques that must be analyzed to determine if such practices should be incorporated into the organization’s hiring processes.

An organization must first understand the theory of blind hiring and the issues associated with its implementation. A major question to be answered is what the organization hopes to gain by implementing blind hiring. The answer determines the feasibility and scope of full implementation of blind hiring or the use of blind hiring techniques as a tool in the selection/hiring process.

For some employers the use of blind hiring has the potential to create a larger, more diverse candidate/applicant pool for recruitment and selection. Redacting personal information from resumes and applications may produce qualified candidates who may not have been first considered on the strength of a conventional resume.

Workplace diversity is often cited as a major positive outcome of blind hiring. A more diverse workforce has the potential to draw different ideas from different backgrounds which can more closely channel a diverse customer base. This in turn has the potential to increase business and the organization’s bottom line.

However, there is also the opinion that if the main objective of the organization is to achieve diversity goals, those goals are best accomplished through other policies and diversity measures.

Of primary concern to most organizations in hiring decisions is the issue of culture fit. In many organizations there is the core belief that hiring for a cultural fit is the most important determination in advancing a candidate or applicant in the hiring process. As commonly implemented in blind hiring, a skills-first assessment does not allow for culture fit. With a focus on skill sets demonstrated by work samples and assessments, a recruiter or hiring manager may not be able to determine if the candidate or applicant fits the job and the organization. Organizations prioritize cultural fit as a decisioning factor in selection and hiring due to the belief that an employee who “fits” in with the existing workforce will be more productive due to greater job satisfaction and have the potential to become a long term employee.

An issue that should be considered is the organization’s investment in time, money, and resources to implement blind hiring. The challenge of avoiding the collection of or eliminating candidate and applicant demographic-related information could prove difficult at best for some organizations. Initially it could be quite time consuming and potentially costly for recruiters and hiring managers to implement blind hiring techniques, particularly if the organization does not also utilize technology to scrub personal identifying information from candidate resumes and applications. The application screening time could be unnecessarily lengthened to the detriment of applicant and employer.

Employers in different industries may design hiring processes differently. Blind hiring processes may vary from full implementation of demonstrated skills assessments to a phased approach that incorporates blind hiring techniques as a decisioning tool that supplements existing hiring processes.

As a take away, blind hiring techniques may be utilized as objective decisioning measures to build a skilled, competitive workforce. As a tool they may be blended into an organization’s current hiring processes to provide benefits of skill-based hiring yet retaining values of motivational fit and emotional intelligence qualities that contribute to teamwork and productivity.

As a general statement, there is no national occupancy standard for rental units. Landlords must develop occupancy policies that are legally compliant at the governing level or agency requirement and appropriate to the particular rental unit and specific situation.

Determining legal compliance for occupancy standards in rental units requires careful analysis and understanding of all applicable federal, state, and local laws, municipal codes, and other published guidance on the subject.

Legally compliant policies are commonly based upon an industry standard of “reasonable occupancy.” An occupancy policy based on a reasonable occupancy standard takes into consideration rental unit particulars and situational factors. Without fully understanding what is considered reasonable in context with federal, state, and local jurisdictions, a landlord may incur liabilities for claims of fair housing discrimination. Jurisdictions may differ in their compliance requirements. Consequently many landlords have questions regarding applicable occupancy standards and restrictions.

Federal Law

The federal Fair Housing Act prohibits discrimination in housing because of race, color, national origin, religion, sex, familial status, and disability. Landlords cannot use occupancy restrictions to discriminate based on familial status. A landlord’s occupancy policy that directly or indirectly excludes or restricts children would be a violation of fair housing laws.

Familial status protections include:

• Adults in the household who have legal or designated custody of the child or children living in the household
• A child or children under the age of  18 years
• A child or children who are members of the household or expected to become household members

HUD Guidance

A commonly utilized standard for rental occupancy limits is the Department of Housing and Urban Development (HUD) guidance that “an occupancy policy of two persons in a bedroom, as a general rule, is reasonable under the Fair Housing Act.” Known as the Keating Memo, the guidance provided “that in appropriate circumstances, owners and manager may develop and implement reasonable occupancy requirements based on factors such as:

• Size of bedrooms and unit,
• Age of children,
• Configuration of unit,
• Other physical limitations of housing,
• State or local housing and occupancy codes, and
• Other relevant factors.

Since the number of bedrooms is not the only factor that must be considered in developing occupancy standards, the HUD guidance is sometimes referred to as the “two-per-bedroom-plus” rule.

The guidance goes on to state that an occupancy policy which limits the children per unit is less likely to be reasonable than one which limits the number of people per unit.

While landlords have some flexibility in developing an occupancy policy by taking into consideration the reasonable policy of two persons in a bedroom plus other relevant factors of a given situation, the guidance does not categorically set an occupancy limit for a rental unit. A landlord cannot know for certain that a reasonable two-plus occupancy limit for a unit will meet federal standards for legal occupancy. Until a landlord analyzes each applicant in each situation, a legal maximum occupancy number for a unit cannot be established.

State and Local Laws

States and municipalities can set their own occupancy standards that may be different than federal standards. State and local standards are usually equal to or greater than federal standards. Additionally, states or municipalities may designate other protected classes which are covered by anti-discrimination laws.

In some states occupancy standards may allow fewer people to occupy a rental unit. This could result in a landlord being compliant with state standards but non-compliant with the federal standard if the HUD guidance is applied.

Building Codes, Health and Safety Regulations

Occupancy standards have historically been justified based on habitability. That is, allowing too many occupants makes the rental unit less safe or less healthy.

There may be local zoning or building occupancy limitations that apply to rental units. Some localities have based guidelines on the Uniform Housing Code (UHC) model code standards. The UHC standard provides occupancy guidelines based upon square footage rather than the number of bedrooms.

Typically, guidelines are tied to building codes (e.g., Building Officials and Code Administrators [BOCA] guidelines), number of bedrooms, or number of square feet, but some guidelines make allowances due to size of rooms, layout of the unit, availability of other living areas, age of children, and any physical limitations of the housing such as capacity of septic/sewer or water systems.

In the past, a BOCA guidance to municipalities for health and safety issues for existing properties was sometimes referenced as a safe harbor standard for setting occupancy limitations. The guidance was based on the maximum number of persons who could safely occupy a building without overcrowding. However the code was not created to use for habitability purposes and the use of this standard is no longer recommended.

Landlords are advised to consult current guidance and applicable federal, state, and local standards when developing occupancy policy. As of this writing, the accepted industry standard is the reasonable occupancy standard as provided in the HUD Keating memo.

General

Justification for occupancy limitations is generally based on health and safety considerations, but financial consideration can also be of concern to landlords regarding real or perceived issues related to more occupants such as wear and tear, damage, parking spaces, utilities, noise, disturbances to neighbors, demands on services, and overcrowding of common areas.

A landlord may have legitimate business reasons to restrict the number of occupants allowed in a particular rental unit. Legitimate business reasons to limit the number of occupants in a particular rental unit could include limitations of building systems such as plumbing, electrical, or sewer or septic systems that could not accommodate increased use. The age and condition of the rental unit as well as the size and configuration of the unit may also be a limiting factor for occupancy.

If the landlord’s occupancy policy restricts the number of occupants for reasons other than health, safety, or legitimate business need, the landlord may be putting himself at risk for claims of familial status discrimination.

A landlord, when developing occupancy standards for his units, must research federal, state, and local occupancy standards to determine how many people must be allowed in a particular rental unit under federal standards, under state statutes, and under local standards. There will be two sets of numbers that must be taken into consideration for occupancy standards, (1) the minimum number of occupants allowed in a particular unit, and (2) the maximum number of occupants as set by state and local health and safety codes based on the size of the rental unit and the number of bedrooms and bathrooms in the rental unit.

It may be that the safest way to avoid potential problems is to use common sense and use standards that are at least as generous as the federal standards, but follow state and local standards if those standards are more generous than federal guidelines/standards.

Summary

Unreasonable or overly restrictive occupancy standards may be in violation of federal, state, and/or local fair housing laws.

Landlords may develop appropriate occupancy standards as long as the standards do not have the effect of discriminating against familial status.

ANSWER:

Accurate and detailed record keeping is an essential business practice for landlords. Typically landlords maintain records for property ownership, tenant information, property/unit information, and tax reporting.

Good records and organizational practices contribute to more effective property management. A reliable and complete record keeping system provides the data for business financials, tax reporting, and functions as a risk management tool against tenant claims of discrimination or rental disputes.

You should understand what is required for regulatory compliances for federal, state, and local laws, and what you need for business reporting and property management operations. You can then develop your record keeping system to fit your needs. Your system may be a manual ledger or an integrated software program. The complexity or simplicity of your recordkeeping system matters only in that the system must work for you. Keep in mind that your system must adequately handle your current business operations and future business growth.

A good system is one that records the necessary data in a format and style that is adequate for compliance with business and tax reporting requirements. Your record keeping system must be able to track income and expenses and provide supporting documentation to prove tax returns. Your recordkeeping will include good tenant records to support rental operations and as documentation for compliance with federal, state, and local fair housing laws and landlord-tenant statutes.

If you have employees, there are specific record keeping requirements for employment and payroll reporting. You will need to research applicable requirements.

Documentation retention varies according to the type of record and applicable compliance requirement. Tenant records and property management records will follow retention guidelines per statute of limitation periods or as specified by other requirements. As examples, real property records for purchase and capital improvements are kept throughout the ownership and thereafter for tax record retention periods. Records relating to any legal actions should be retained indefinitely.

QUESTION:

Could you list what types of tenant information I need to keep?

ANSWER:

Maintaining complete, detailed, and up-to-date tenant information is essential to document the individual’s tenancy and the landlord’s compliance with legal obligations. Having good documentation can be invaluable in proving a defense against a tenant’s claims or prove the landlord’s case in a court action, such as an eviction.

A good tenant file may include the following documents:

• Property address/unit,
• Rental application,
• Screening documents
  • Copy of tenant’s photo identification document,
  • Reference checks,
  • Consumer reports,
  • Background check (as applicable by statute),
  • Employment check,
  • Income verification,
• Contact information,
• Vehicle information,
• Emergency contact information,
• Lease Agreement,
• Cosigner/Guarantor agreement,
• Monthly rent amount,
• Rent due date,
• Security deposit amount,
• Other fees, deposits,
• Signed Move-in checklist,
• Signed receipt of keys,
• Correspondence,
• Tenant requests,
• Repair and Maintenance records,
• Inspection reports,
• Violation notices,
• Landlord entry notifications, and
• Signed Move-out checklist.

As a good business practice, any form of landlord-tenant interaction should be documented in writing to provide a paper trail of discussions, agreements or events between the landlord and tenant.

QUESTION:

What about records I need for tax purposes?

ANSWER:

Records should be maintained for each separate rental property detailing income and expenses. This information will be used for financial analysis and tax purposes. Complete, accurate, and detailed information will be needed to prove business tax returns.

Tax Records

For tax purposes you need a record keeping system that provides a record of rental income and expenses with supporting documentation for each property as reported on the tax return Schedule E. If you are audited by the IRS, you must have a paper trail that can prove the expense deductions are legitimate.

Receipts and other supporting documentation should be kept secure yet accessible. A good business practice is to regularly backup and store copies of all documentation at an off-site location in case of emergency such as burglary or fire, computer failure, or natural disaster.

Your record keeping and accounting system for income and expenses can be quite basic. A basic accounting system only requires that you keep a rent roll, a maintenance log, a check register, and all bills and receipts.

Rent Roll

A typical rent roll lists the address with building/unit number, type of unit and square footage, tenant name, move-in and move-out dates, lease term and expiration date, security deposit amount, rent amount, other income (e.g. storage locker), other charges (e.g. late fees), amount paid, and balance due. The rent roll records the date rent was received, the amount paid, the check number or other specifics of payment, and the name of the account holder.

A landlord is expected to have a receipt and deposit system for all collected rents. In case of an audit, the IRS is likely to want to trace all deposits. This means that they will want to know where all the money came from and will want to know what happened to all the rents received, or should have been received.

Maintenance Log

You should keep good records for all maintenance and repairs to the property. A maintenance/repair log should record when the work was done, who did the work, what materials were used/purchased, and the manner of payment. Document tenant requests for maintenance and keep all correspondence regarding maintenance and repair work in tenant and/or property maintenance files.

A record of tenant maintenance requests and timely resolution can reduce the amount of expensive legal costs in the event of accidents to tenants or their guests on rental property. Good maintenance records help prove landlord compliance with habitability laws and property inspections.

Check Register

You may find that a check register with good detail provides much of the record keeping necessary for your business and tax reporting.

Every check should be coded with details of the expense – the familiar who, what, when, and why notations. Every deposit of income should contain the same kind of information. The same register can be used to record details of cash income and cash disbursements. A separate business checking account rather than comingling personal and business deposits and expenditures allows for better organization of business income and expenses and provides details if needed for audit purposes. It can also avoid an auditor seeing other issues regarding the landlord’s personal life, some of which may result in other problems for a tax payer.

Bills and Receipts

You should retain all receipts and document all expenses incurred for rental property operations, including all equipment, fixtures, or services. For tracking and auditing purposes all expenses should be paid by check, credit card, or a documented transaction proving date, time, and amount of expense. Because business records are so important to surviving an audit, you must keep all bills and receipts for at least the period of time when the IRS can do an audit.

As long as fraud is not involved, this means that records must be kept for at least 3 years after the return was filed. There is no time limit when fraud is involved.

Some expenditures are not deductible expenses. The cost of these items must be depreciated over a number of years. You should familiarize yourself with depreciation rules and procedures found in certain IRS publications and consult with appropriate tax professionals for guidance on specific circumstances.

Landlord and Tenant Responsibilities

Mold is an environmental hazard that raises serious concerns regarding health, safety, and habitability issues in rental properties. The presence of mold in a rental property can be a possible threat to tenant health and a potential liability issue for landlords. To minimize risks landlords and tenants should not ignore mold or moisture conditions that would encourage the growth of mold.  A key risk management measure requires knowledge of mold issues and the conditions that can create mold problems. With adequate knowledge landlords and tenants can know what to look for regarding mold conditions and take steps to prevent mold or clean up mold before it becomes a problem.

Molds are simple microscopic naturally occurring organisms present in the natural environment. Molds work to break down and digest organic material which is then recycled back into the environment. However, when mold begins to grow indoors, it breaks down building and household materials. The resulting effect can be quite damaging to structures, and, for some individuals, the presence of mold can have a potentially serious impact on their personal health.

Molds multiply by producing microscopic spores that travel back and forth from outdoors to indoors attaching themselves to people, pets, and possessions. The number of mold spores suspended in indoor and outdoor air fluctuates from season to season, day to day, and even hour to hour. Spores are everywhere and exposure to them cannot be avoided. Everyone is exposed to molds on a daily basis and most people are unharmed by their exposure. It is not practical, probably not even possible to eliminate all molds and mold spores indoors.

Mold will grow on virtually any organic substance as long as moisture and oxygen are present. Organic materials such as wood, paper, cloth, insulation, carpeting, or food will be digested by mold.

As the mold grows, the organic material is destroyed. Allowed to grow, mold can cause serious damage to property and furnishings. Molds can rot wood, damage drywall, and eventually cause structural damage to buildings. Mold can cause stains and other cosmetic damage to furnishings. Serious health problems can occur when individuals are subjected to prolonged or high level exposure to mold.

Controlling indoor moisture significantly limits mold growth. Mold does not need a lot of water to grow. A little condensation, in a bathroom or around a window sill, for example, can be enough. Common sites for indoor mold growth include bathroom tile and grout, basement walls, ceiling tiles, areas around windows, floor coverings near sinks, and leaking plumbing and plumbing fixtures. Other common sources of moisture include roof leaks, condensation due to high humidity, sprinkler systems, and floods.

All types of residential and commercial buildings can be affected by mold. Mold growth can be introduced into a building as a result of bad design, construction defects, deferred maintenance, or flooding.

A visual inspection of the rental property is one of the most effective ways to detect a moisture problem and/or the presence of mold. Regular inspections of the property’s exterior and interior spaces can help identify a mold problem or potential problems that could cause mold.

Although visual signs of mold are not always obvious, the musty smell of mold is another way to discover moisture/mold problems. Mold can grow on the hidden surfaces behind paneling and wallpaper; the top of ceiling tiles; beneath carpet and pad; or inside heating and cooling ducts. Attics, crawl spaces, and basements provide many opportunities for mold growth. Areas inside the wall around plumbing or heating/cooling ducts may have condensation that is trapped and causes water damage. Hidden mold growth should be investigated cautiously since there is the potential to release massive amounts of new mold spores into the air causing additional problems.

Priority tasks for the prevention and early detection of mold are to thoroughly inspect all areas of the property for mold growth, determine the source of the moisture causing the mold to grow, initiate clean-up of the affected area, and take corrective action to remedy the moisture problem.

Landlord Responsibilities

It is important that landlords understand the laws that address the issue of mold as an environmental hazard and the regulations that address the issue under landlord-tenant statutes. Applicable laws could include building codes, local ordinances, state statutes, or federal regulations. As of this writing there are no EPA regulations or standards (Threshold Limit Values) for airborne concentrations of mold or mold spores in residential buildings. Governing regulations can vary from state to state or by municipality location. Due diligence on the landlord’s part is required to keep current with applicable laws.

In some states the landlord is required to disclose any hazardous conditions to potential tenants before lease signing. The majority of states hold a landlord responsible under the implied warranty of habitability to provide and maintain rental housing that is fit and habitable. Negligence by the landlord in maintaining the rental property to good condition would be a material violation of landlord responsibilities and obligations under statutes.

Landlords must take all reasonable means to avoid harmful mold growth. A leaky roof, leaking water pipes, inoperative bathroom or laundry room exhaust fans, windows that can’t be opened, or an inadequately designed or poorly maintained ventilation system can be an invitation to a lawsuit.

Landlords should be very concerned about mold in their properties, as they may have potential and substantial legal liability to tenants for such damages. Possible compensatory damages include expenses for (1) medical mold diagnostic and treatment procedures, (2) loss of earnings, (3) mold damage to clothing, furniture, and other personal property, (4) rent differentials when tenants must move to a higher cost mold-safe place, (5) moving expenses, (6) various tenant expenses including mold inspection and testing, (7) remediation of the rental unit, (8) remediation and/or replacement of tenants’ damaged personal property, and (9) jury-awarded punitive damages.

Landlords should utilize proactive prevention procedures and remediate problems as soon as discovered. There are steps that can be taken to limit landlord liability and minimize the possibility of litigation over mold damage to property and tenant health.

Since mold growth is facilitated by excess moisture and moisture control reduces indoor mold growth, some of the many ways to control moisture include:

• Eliminate water leaks by repairing leaky roofs and windows.
• Repair leaking plumbing and plumbing fixtures and control sweating plumbing.
• Maintain caulking associated with showers, bath tubs, and sinks.
• Inspect under-sink shutoff valves, usually hidden from view in kitchen or bathroom cabinets.
• Inspect toilets – wax rings under bowls, seals between bowls and tanks, and shutoff valves.
• Inspect valves and lines associated with air conditioning and evaporative cooling units.
• Be concerned about water-related appliances, including proper venting of clothes dryers.
• Move water away from the building foundation utilizing ground sloping and drainage systems.
• Install gutters and keep them clean.
• Ventilate crawl spaces. Cover over the dirt in crawl spaces with plastic to serve as a moisture barrier from the soil underneath.
• Install and use exhaust fans in bathrooms, laundry rooms, and kitchens. Open windows in these rooms when available and as weather allows.
• Use fans to increase air circulation within the home.
• Move large pieces of furniture away from wall corners and the inside of exterior walls.
• Provide warm air circulation to all areas of the home.
• Open doors between rooms and keep closet doors open to promote air circulation.
• Ventilate areas with fresh air.
• Inspect and maintain HVAC equipment, keeping drip pans clean and the flow unobstructed.
• Watch for condensation or wet spots.
• Prevent condensation by increasing surface temperatures using insulation, increasing air circulation, and/or reducing humidity.
• Keep indoor humidity low, in the 30-50 percent range if possible.
• Use air conditioning and dehumidifiers to reduce moisture in hot, humid climates.
• Use area rugs that can be taken up and washed instead of carpeting that can absorb moisture that will encourage mold growth.
• Avoid installation of carpeting directly over concrete floors.
• Always clean and dry wet or damp spots as soon as possible and always within 48 hours.
• Vacuum and clean household areas regularly.

• Eliminate leakage around windows and doors.
• Avoid cold spots on interior walls by proper placement of ducts.
• Install ceiling fans and consider forced air heating where not already in place, as they increase air movement which inhibits mold growth.
• Perform regular inspections to be sure that tenants themselves are not creating problems by failing to cooperate in using available fans, reporting leaks, etc.

Tenant Responsibilities

A tenant has responsibilities and obligations under state statutes to keep the rental property in good condition. The tenant’s lease agreement may also bind the tenant to certain requirements such as prompt notification to the landlord of moisture conditions requiring maintenance or repair. The tenant would be held responsible to notify the landlord of the presence of mold. Failure to notify the landlord of moisture or mold problems in a timely manner could hold the tenant responsible for clean-up and repairs. Failure to notify in a timely manner could be a material violation of the lease with a possible lease termination. If it is determined that the tenant’s negligence caused a mold problem which resulted in property damage or serious health issues, a landlord in most cases would not be held liable for damages or injuries.

Joint Landlord Tenant Responsibilities

The issue of mold in rentals should be a matter of joint landlord and tenant responsibility in the prevention and remediation of mold and moisture problems.

Regular property inspections for safety and maintenance help protect a landlord’s business. Property inspections allow landlords to identify and correct problems before a problem becomes a costly emergency repair or causes collateral damage.

In most states, property inspections may be a statutory requirement for rental housing compliances. The implied warranty of habitability, landlord-tenant statutes, local codes for business licenses, building, fire, safety, and health codes, the Section 8 Housing Choice Voucher Program inspections, business insurance coverage, and lease agreement terms and conditions can require property inspections. There is a greater potential for loss and liability for a landlord if safety and maintenance inspections are not conducted on a regularly scheduled basis.

State Statues

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 throughout the tenancy term. The basis for the implied warranty comes from either local building codes which specify minimum requirements for essential services or from widely held common-law beliefs of what constitutes decent housing. 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 in order to fulfill his legal responsibilities and protect his financial interests.

Local Codes

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.

Lease Agreement Terms and Conditions

The importance of regularly scheduled inspections can be emphasized by clear language in the lease agreement and the landlord’s rental rules. The lease should specify the types of inspections, timeframes, and notifications that are required for tenant health and safety issues and property maintenance and repair. Separate sections in the lease agreement for maintenance responsibilities and inspection schedules will help reinforce the tenant’s responsibility to take good care of the rental premises and to promptly report any items that require servicing.

The section regarding maintenance should include a list of the tenant’s responsibilities, including the duty to report problems requiring landlord action. The section regarding inspections should state that there will be periodic inspections by the landlord or by his agent, and provide the approximate frequency of inspections, and method of communication and amount of advance notice required before landlord entry.

An annual safety and maintenance inspection is generally considered an acceptable standard, but semi-annual inspections may have more value to help reduce risk and contain costs by identifying a problem early on.

Periodic inspections will allow the landlord to inspect the property for a variety of maintenance issues, including those that may not be reported by the tenant but would be costly for the landlord if not taken care of. Inspection items usually include plumbing, furnace and air conditioning problems, roof or gutter repair and housekeeping items that need attention to maintain health and safety conditions.

Landlord Entry

Landlord-tenant statutes of most states require specific advance notification to the tenant before a landlord can enter the rental unit to conduct an inspection. There may be different requirements regarding landlord entry in the event of an emergency or other need to access the rental unit. By giving the proper legal notification, a landlord will usually receive the tenant’s cooperation in scheduling a mutually agreeable time for inspection.

Property conditions can quickly change if landlords fail to routinely inspect units and some deferred maintenance needs can result in serious collateral damage when not attended to early on. While a simple drive-by of the property can quickly determine if there is visible exterior damage or evidence of lease violations such as unauthorized vehicles or parking on the lawn, a more thorough inspection will be needed to assess health or safety hazards and to discover damage to the interior of the rental unit.

Landlord-Tenant Statutes for Tenant Move-In/Move-Out Checklist

Many states require a move-in checklist to be completed when possession is given to the new tenant. The checklist is a written statement of the condition of the rental unit at the time of move-in. The completed checklist documents any existing damage to the unit and/or furnishings and requires acknowledgement of the unit’s condition by the signatures of both tenant and landlord.

The original signed checklist should be retained by the landlord in the tenant’s file and a copy given to the tenant. That same checklist should be utilized when the landlord conducts periodic inspections and will be used to inspect the rental unit upon the tenant’s move-out. The move-in and move-out inspections serve as evidence for why deductions were taken from the security deposit and for a lawsuit for damages in excess of the deposit.

The move-in checklist when properly completed is a valuable document that serves as the baseline for the condition of the rental unit throughout the rental term. It is helpful to have the move-in checklist available during the annual inspection. It provides a quick reference as to whether the rental unit remains in satisfactory condition.

It may prove helpful to provide another copy of the move-in checklist along with a copy of the annual inspection checklist to the tenant before the actual inspection date to allow the tenant advance notification of the items/conditions to be inspected. Minor items that should have been taken care of by the tenant can be dealt with before the inspection date and the actual inspection should go much smoother since the tenant will know what to expect.

Landlords can use the checklist to better manage properties by knowing when repairs were done and when to schedule future routine maintenance. Checklists are another source of documentation to help refute claims of neglect or unsafe conditions in a rental unit. As with all property records, inspection documents should be retained in a permanent file for the appropriate time period as specified by specific legal requirements or by statute of limitation laws.

Section 8 (Housing Choice Voucher Program) Inspection

When a landlord participates in the Section 8 voucher program, his rental property is required to meet Housing Quality Standards (HQS) in order to receive the rental subsidy payments. These standards were developed to insure that rental units provide safe, decent, and sanitary housing under the Section 8 program. HQS standards are minimum habitability standards and there may be additional habitability requirements under state or local statutes.

Annual inspection of the rental premises by a Section 8 inspector helps to insure that there are no health or safety issues that could adversely affect the Section 8 participant and to assist the landlord in identifying issues that pose a risk to the tenant.

Business Insurance Coverages

Property inspections may be conducted by insurance companies to evaluate property conditions, identify potential risks, analyze current business coverage, and offer recommendations for risk management. Terms and conditions of business policies may require scheduled inspections.

Seasonal Inspections

Seasonal conditions in many parts of the country may require special attention to the property’s exterior surfaces, mechanical systems, common areas, and grounds. Winter conditions in many parts of the country can be particularly harsh on property structures, systems, and the landlord’s bottom line. Seasonal inspections can point to conditions that require weather proofing or repair before bad weather or storm season sets in.

Benefits of Regular Inspections

Proper maintenance extends the useful life of structures, systems, and equipment and can reduce the long-term expense of maintenance. A proactive policy for property management with scheduled inspections for exterior and interior conditions along with appropriate corrective action taken for identified problems can help reduce landlord exposure to potential liabilities regarding health and safety issues.

ANSWER:

In most states, ordinary wear and tear is the damage or deterioration to the property that could be expected to occur from normal usage. Some states go on to define wear and tear as: “natural and gradual deterioration of the rental unit over time, which results from a resident’s normal use.” Most state laws and standard lease agreements state that a renter is not responsible for ordinary wear and tear during tenancy.

Deciding whether damage to rental property is beyond ordinary wear and tear is a matter of common sense. If something was used in a way it was not designed to be used, it can be considered damage which is the responsibility of the tenant.

Ordinary wear and tear cannot be deducted from the tenant’s deposit. The landlord must use discretion to determine normal wear and tear from serious damage for a specific rental unit. The landlord cannot charge for damage that existed when the tenant moved in. In general, the landlord cannot charge for replacing an item when it is sufficient, reasonable, and acceptable to repair an item. In considering wear and tear, the landlord should keep in mind how long the tenant has lived in the unit. Long term tenants will, of course, place greater wear and tear on customary items such as drapes, carpeting, and paint or wall coverings.

Normal wear and tear includes deterioration of the premises that occurs during normal conditions. For example, paint may fade, electrical switches may wear out and break, pull strings on blinds may fray or break, or carpet and tile may wear down. These things happen even if the tenant cleans regularly and cares for the premises reasonably. Damage occurs from unreasonable use or accidents. Damage can include extreme build-up of dirt or mold, stains or burn marks on carpets, and broken windows. Even intentional alterations to the premises are considered damage. For example, the tenant cannot leave large holes in the walls from shelving or hanging pictures, and cannot repaint the walls to significantly change the color. If a tenant wants to make changes to the premises that will remain after the tenant moves out, the tenant should do so only with the landlord’s written permission.

Landlords and tenants sometimes disagree on wear and tear conditions of wall paint, carpets, drapes, and fixtures and whether deductions from the deposit are warranted. For example, if the tenant has lived in the unit for a period of years, the landlord may be responsible for any repainting costs. If on the other hand the tenant has occupied the unit for a year or less, the unit was freshly painted prior to move-in and the final inspection shows walls are dirty or the paint damaged, the tenant is responsible for such damage. The landlord may determine if it would be more cost effective to repaint the wall rather than have the walls cleaned.

ANSWER:

While tenants have come to expect a freshly painted unit upon their move-in, except in certain circumstances as regulated by law, it is the landlord’s decision when to paint a rental unit and how often to paint the unit. Most states’ landlord-tenant statutes do not address the issue of painting unit interiors between tenants. However, there may be requirements in some rent controlled locations that a landlord paint between tenants or paint according to a set schedule, such as a California requirement for painting every four years or New York City’s requirements to paint every three years.

Landlords should consult their state’s law on landlord obligations under the implied warranty of habitability to determine their compliance requirements for housing conditions. In general as long as the interior paint meets habitability standards – i.e., walls of the unit are in good condition and the paint is not chipped, peeling, or lead-based – tenants can take occupancy.

Because of the cost and scheduling conflicts, landlords usually prefer to paint a unit when a tenant has vacated the unit. With some luck, a landlord may be able to go several years before the unit needs repainting. However, a freshly painted unit is a cosmetic upgrade that can be an effective marketing tool to attract potential tenants or as renewal incentive for a good tenant.

October 22-28, 2017 is National Lead Poisoning Prevention Week.

Federal, state, and local agencies and community organizations conduct various public outreach events during Lead Poisoning Prevention Week to:

• Raise awareness about lead poisoning
• Urge people to take steps to reduce lead exposure
• Highlight efforts to prevent childhood lead poisoning
• Stress the importance of screening the highest risk children younger than 6 years of age (preferably by ages 1 and 2)

Lead hazards in housing

Lead-based paint is the most common source of lead poisoning in the home. When lead-based paint deteriorates from age or from painted surfaces not being properly maintained, it wears down into flakes, chips, and dust. The lead dust mixes with household dust which can contaminate household objects. Children can become lead poisoned by ingesting lead dust or playing in contaminated soil. Renovation or maintenance work that disturbs a lead-based painted surface can also create lead dust hazards.

The Lead Disclosure Rule

Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

Most private housing, public housing, federally owned housing, and housing receiving federal assistance are affected by this rule.

Landlords and Property Managers

Landlords and property managers play an important role in protecting the health of tenants and their children. Buildings built before 1978 are much more likely to contain lead-based paint. Federal law requires landlords and property managers to provide certain important information about lead paint before a tenant signs a lease.

Landlords and property managers must:

• Give an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards (“Protect Your Family From Lead In Your Home”).
• Disclose any known information concerning lead-based paint or lead-based paint hazards. A landlord must also disclose information such as the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.
• Provide any records and reports on lead-based paint and/or lead-based paint hazards which are available to the landlord. For multi-units buildings, this requirement includes records and reports concerning common areas and other units, when such information was obtained as a result of a building wide evaluation.
• Include an attachment to the lease agreement or insert in the lease agreement itself a Lead Warning Statement and confirm that the landlord has complied with all notification requirements. The attachment is to be provided in the same language used in the rest of the lease agreement.

Landlords and tenants must sign and date the attachment to the lease agreement. Landlords must retain a copy of the disclosures for no less than three years from the date the leasing period begins.

Renovation and Maintenance

Many new cases of childhood lead poisonings are diagnosed each year. Research shows that many of the new cases can be directly linked to renovations where the work environment was not properly contained allowing lead to enter the body from inhaling or ingesting microscopic dust.

EPA 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.

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

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 sanding, scraping, or other 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.

Emergency Provision of the RRP Rule

The following information is excerpted from the EPA website regarding RRP emergency provisions.

To ensure that property owners and occupants are able to act quickly to preserve their homes and property in the wake of disasters, the RRP rule includes an emergency provision exempting firms from certain requirements. Emergency renovations are defined as renovation 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.

Under the emergency provision of the RRP rule, 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.

Landlords and property managers should conduct due diligence to determine applicability of the emergency provisions of the Rule to their particular circumstances such as recent regional hurricane disaster recovery and rebuilding efforts.

State Statutes

The majority of states and many local jurisdictions have lead-based hazard programs with standards and procedures that may be more stringent than federal rules and regulations on lead-based hazards. Federal, state, and local programs have common goals that establish standards for the regulation of lead-based paint hazard activities, training and certification of workers engaged in such activities, and accreditation of lead-based paint hazard training programs.

Many states and local jurisdictions have programs and services established under departments of Health Services to prevent, detect and treat lead-based paint poisoning.

There may be additional state or local requirements or emergency relief regarding repair of pre-1978 properties damaged during the recent natural disasters. Landlords and property managers should consult with state agencies or appropriate certified agencies to determine compliance with state regulations.

ANSWER:
You should carefully review your state’s landlord-tenant statutes and local ordinances that may address the issue of required security devices including locks and alarm systems. Some states and a few municipalities do have statutes or codes that allow specific alterations by a tenant such as installing an alarm system or permitting installation of legally required door and window locks if the landlord fails to provide compliant devices.
Many commonly used lease agreements contain a clause that prohibits repairs and alterations to the property by the tenant except as provided by law or as authorized by prior written consent of the landlord. Using a lease agreement clause similar to this, customized to your properties as needed, would require your tenant to ask for your permission before making any changes such as installing additional locks, security systems, re-keying locks, or otherwise altering existing locks for doors and windows. If a tenant asks for your permission, before giving the tenant your answer, you may want to ask a few questions regarding why the tenant thinks it necessary for extra protections. The tenant’s answer may provide information of another nature that might need to be resolved. If you refuse your permission for alterations or additions, a crime is committed at a later date that could have been prevented with additional security measures, and the tenant files suit against you, you may have little defense against the tenant’s claim of landlord negligence if the case goes to trial.
If you are agreeable to the tenant’s requested changes, you should make your consent conditional upon receiving duplicate keys to installed locks or re-keyed locks. If an alarm system is installed, you will also need instructions on how to disarm the alarm including codes and the contact information for the alarm company. The tenant should be reminded that, in the event of a true emergency, you as the landlord must have access to the rental premises. Additionally, per statutes of most states, the landlord has the right to enter the leased premises with proper notice to the tenant for reasons listed by statute.
Accordingly, your lease agreement should have an additional clause that the tenant will provide the landlord with keys to additional locks, re-keyed locks, or altered locks as well as information and instruction on any installed security alarm systems.

QUESTION:
I understand that California law requires certain types of locks on doors and windows. Can you provide the information or tell me where I can I find it?

ANSWER:
California state requirements for installing and maintaining door and window locks for residential rental properties can be found in California CIVIL CODE Section 1941.3. The following information is excerpted from the Code. You should review the all applicable sections of the Code to determine your legal requirements.
A landlord or his agent is required to install and maintain an operable deadbolt lock on each main swinging entry door that leads into the inside of a dwelling unit. When in the locked position, the bolt shall extend a minimum of 13/16 of an inch in length beyond the strike edge of the door and protrude into the doorjamb.
A deadbolt provision does not apply to horizontal sliding doors or to existing deadbolts of at least ½ inch in length. Existing locks with a thumb turn deadlock that have a strike plate attached to the doorjamb and a latch bolt held in a vertical position by a guard bolt, plunger, or auxiliary mechanism are exempt. However when these locks are repaired or replaced, the replacement deadbolt must satisfy the requirement of at least 13/16 of an inch in length.
A landlord or his/her agent must install and maintain operable window security or locking devices for windows that are designed to be opened. Louvered windows, casement windows and all windows more than 12 feet vertically or six feet horizontally from the ground, a roof, or any other platform are excluded.
A landlord or his/her agent must install locking mechanisms that comply with applicable fire and safety codes on the exterior doors that provide ingress or egress to common areas with access to dwelling units in multifamily housing.
The tenant is responsible for notifying the owner or authorized agent when the tenant becomes aware of an inoperable deadbolt lock or window security or locking device in the dwelling unit. However, the landlord should always check for proper operation of locks when inspecting an occupied unit or when preparing a vacant unit for the next tenant.

QUESTION:
Do I need to re-key the locks when the tenant moves out? What are some tips for key control?

ANSWER:
Always check your state’s landlord-tenant statutes for issues that affect tenant move-in and move-out, including required security measures. You may be required by statute or local laws to protect the new tenant by re-keying locks to the rental unit.
The safety and security of tenants depends in part on the measures the landlord takes to adequately protect entry to rental units and common areas.
A landlord has no way to know how many keys are in existence or who might have keys to the rental unit when a tenant moves out. Accordingly, the best policy is to re-key every lock each time there is a change in tenants.
Key control is a safety and security measure which restricts access to master and back-up keys and provides documentation of the use of those keys.
Failure to take reasonable steps to secure back-up keys and control access to master keys may be considered negligence on the landlord’s part if there is an event where unauthorized access was obtained.
Keys to the rental unit should be given to the new tenant only after lease signing, receipt of all monies in accordance with the lease agreement, and completion of the landlord-tenant move-in checklist. A landlord should document in the tenant’s file all keys given to the tenant, including entry keys, gate keys, garage doors keys and openers, laundry room keys, and any other keys to landlord provided amenities. The tenant will be required to return all keys at time of move-out.
Master keys and back-up keys should be kept in a locked key box in a secure location. Access to keys should be limited to designated individuals. A key log should be maintained to document key use. The key log should contain entries for the date, time, reason for key access/use, and the identity of the individual requesting use. The return of the key should be documented to complete the log.
As a safety and security recommendation, keys should be coded in such a way that the tenant’s information (name, unit address, and building designation) is protected. A separate, secured document should be used to provide the key code assigned to the individual tenant. The tenant should be advised that such measures are taken as a precaution for their safety against potential criminal acts.
Key access to rental units for repairs and maintenance should be controlled and supervised by the landlord or his designated agent for safety and security purposes.

ANSWER:

The move-in checklist is a written statement of the condition of the rental unit at the time of move-in. When a new tenant is ready to move in, it is important for the landlord and tenant to physically inspect the rental unit for any existing damage, obvious wear and tear, and to inventory landlord supplied appliances and furnishings. Inspection and documentation of findings of the unit’s physical condition will help prove a defense to any later claims of landlord failure to provide the rental unit in a habitable condition. The landlord-tenant laws of many states require that a move-in checklist be completed and signed by landlord and tenant prior to tenant occupancy in order for any charges to later be deducted from security deposits for damage.

The move-in inspection should be done before the tenant moves in any of his boxes or furnishings. The checklist can help minimize discussions between landlord and tenant at a future time regarding the unit’s initial general appearance and maintenance. Even though both parties think they will remember important items and think they have an understanding, such is not always the case.

It is a good business practice to have the tenant sign and date the last page of the inspection checklist and initial each page of a multiple page checklist.

The original signed checklist should be retained by the landlord in the tenant’s file and a copy given to the tenant for his records. The same checklist will be used to document the condition of the rental unit upon the tenant’s move-out and helps serve as evidence why deductions were taken from the security deposit.

If the landlord prepares a move-in checklist without the new tenant being present, the tenant in those states where the checklist is mandated has the right to inspect the premises himself to verify the landlord’s accuracy and detail in completing the checklist. If the tenant noted the checklist with comments or disagreement on the condition of the unit, a landlord should review the entries and take appropriate action as needed.

QUESTION:

What items should be covered on a move-in checklist?

ANSWER:

Unless specified by state statute, the format of a move-in checklist can be customized by a landlord to fit his unique properties. Formats can vary as well as the number of pages necessary to provide a complete inventory and inspection of the rental property as described in the lease agreement.

At a minimum the move-in checklist should document in detail the condition of the unit’s living room, kitchen, dining room, bathrooms, bedrooms, hallways, stairs, utility or laundry rooms, other areas utilized for living space (e.g. great room, family room), and basement. The checklist should include inspection and documentation of the unit’s patio, terrace, decks, landscaping, and parking areas. Systems such as heating, cooling, plumbing, electrical, water, or other essential services should be inspected, documented, and the tenant instructed in the proper use, maintenance, and emergency procedures regarding operation and shut-off.

Additionally the landlord should inspect and document condition of landlord supplied appliances and furnishings. The tenant should be provided instruction manuals for all appliances and instructed on proper use and maintenance.

If the unit is furnished, a detailed inventory of all furniture, small appliances, electronics, tableware, linens, etc. should be included or provided as a separate document and referenced in the lease agreement.

The checklist should be marked for satisfactory conditions – those items that meet habitability standards for clean, safe, and sanitary living conditions and systems in good working order. For those items that require attention, the checklist should be noted for repair or replacement. As items are brought to satisfactory condition, a follow up inspection with appropriate documentation should be done. If the item is inoperable or should not be used, the tenant should be required to sign his acknowledgment of such conditions.

In some states and cities, as a requirement for occupancy, a tenant must acknowledge by his signature on the move-in checklist that all smoke detectors and fire extinguishers were tested in his presence and found to be in working order. The tenant should further acknowledge that the testing procedure was explained to him, agrees to test all detectors at least once a month, and to report any problems to the landlord in writing. The tenant must acknowledge he (the tenant) is responsible to replace all smoke detector batteries as necessary. In some states the same testing and maintenance requirements must be acknowledged by the tenant for all installed carbon monoxide detectors.

QUESTION:

What else should be done at tenant move-in?

ANSWER:

As mentioned above, it is particularly important that the landlord familiarize the tenant with operating instructions for electrical, heating/cooling, and plumbing systems as well as furnished appliances. The tenant should know the locations of the furnace, air conditioner, water heater, breaker/fuse box, gas valve, and water valve. Supply valves for sinks, toilets, and other fixtures should be identified. If it is the tenant’s responsibility to change furnace filters or keep water softener units filled with salt, the tenant should be instructed in the correct procedures to maintain the systems.

It is a good idea for the landlord to have a fire extinguisher available in the unit, usually in the kitchen, and the tenant should be instructed to monitor the gauge on a regular basis to ensure its operability.

Door locks should have been changed out or re-keyed after the former tenant moved out. The tenant will be held responsible to return all keys at move-out. A solid entrance door equipped with deadbolt and a peephole will help provide security measures. State statutes may regulate what type of door and window locks must be installed. The lease agreement should prohibit the tenant from rekeying or adding additional locks or security alarms without the landlord’s written consent. If the landlord allows the tenant to install additional security measures, the tenant must agree to provide the landlord with duplicate keys and/or alarm instructions. Additionally, for security alarms the tenant should provide contact information for the alarm company in case of emergency.

The condition of the unit at move-in should be well documented with photos. The tenant should be aware that photographic documentation is being done during the inspection. It can be helpful to include video footage of the new tenant as he and the landlord perform the inspection in case the tenant later claims that he, the tenant, was not aware of the condition of the unit at move-in. The tenant should also be made aware that there will be equally extensive documentation of the condition of the property following move-out of the tenant including plenty of photos.

A “new tenant” welcome letter is an opportunity to review the landlord’s rental policies and use of the property’s amenities. A welcome letter should provide business office hours and management contact information, emergency/after-hours contact information, and rental rules and procedures. In the move-in letter the landlord can provide a brief review of rental policies for rents (amount, due date, grace period if any, and late charges), security deposit accounting and return, safety inspections, landlord access notifications, maintenance and repair requests procedures, and lease termination and move-out procedures. The move-in letter can remind new tenants of the need to purchase their renters insurance if they have not already done so as a requirement for tenancy. Many landlords will require the new tenant to sign and date the last page of the move-in letter and return the signed copy to the landlord.