Many tenant disputes with a landlord occur because of a breakdown in communication between landlord and tenant. There can be misunderstandings and misremembering of important rental policies and practices that can cause disputes over rents, deposits, repairs and maintenance, tenant privacy, and violations of lease terms and conditions.

Disputes are stressful, disruptive, and time consuming. The best way to handle a dispute is to avoid it by making sure the tenant understands the important rental policies and practices and what is expected from him during the tenancy. This is best done by reviewing lease terms and conditions during the new tenant move-in orientation and through ongoing tenant communications by various media such as tenant newsletters, reminder texts, or postings on tenant portals.

Your first step is to understand the situation by talking with your tenant to determine the nature and extent of the issue. You should keep an open mind and actively listen to the tenant’s side of the story. What does the tenant want? If you can determine what motivates your tenant, you may be able to reach agreement and settlement on the issue. Talking through the issue with the tenant will help you determine if it is a simple case of misunderstanding or if there is a larger issue involved that may require negotiation and settlement.

Review your lease agreement for relevant clauses regarding lease violations, warnings and notices, and remedies for resolution of defaults including legal actions that may be taken. A discussion of the appropriate lease clauses with the tenant may resolve the issue.

If you are unsuccessful in your negotiation and settlement talks, you may want to consider mediation. A mediator is an independent, neutral third party trained to help facilitate communication. The goal of mediation is to help parties work out their own solution to disputes. A mediator does not have authority to bind either landlord or tenant to an agreement. Either party is free to proceed with legal action if no compromise can be reached. Studies have shown however that those who agree to mediate their differences are more likely to be satisfied with the resolution that those who proceeded directly to court.

Also check your lease regarding language specifying that any disputes under the contract are to be settled by binding arbitration. You may have incorporated such language in your customized lease agreement. If you are using a generic rental agreement you may want to read it thoroughly for such language and act accordingly.

Arbitration is another non-judicial method of resolving disputes. An arbitrator is a neutral third party who reviews the case evidence and makes a final decision. Unlike mediation, the arbitrator has the authority to bind the parties to an enforceable decision. If the arbitration decision involves a money award and the losing party does not pay as required, the money award can be converted to a court judgment.

If a settlement is reached, it is important to document all details including signed written acknowledgment of the offer and acceptance by each party.

Alternatively, if the situation warrants it, you have the option to file a lawsuit against the tenant. Small claims court procedures are relatively simple and most landlords can easily represent themselves in court. However, it is usually advisable to be represented by an attorney if the tenant is using an attorney.

There is another consideration that could arise in landlord tenant disputes. If the tenant has exercised a legal right such as a complaint to a government agency, building or housing agency regarding code violations for health or safety, or has organized or become a member of a tenants’ union organization, any action taken by the landlord against the tenant is or is presumed to be retaliatory, which is a violation of state law. Retaliatory landlord action may take the form of raising the rent, reducing services to the tenant, or threatening to bring legal action for possession of the unit (eviction). Some states have an automatic presumption timeframe, ranging from 90 days to one year from the time of the tenant’s legal activity, during which a landlord’s action would be considered retaliatory.

However it may be that if the landlord can prove his action for possession is due to the tenant being in arrears for rent or that code violations are the tenant’s fault due to lack of reasonable care of the property, presumptive retaliation may not be applicable. To help avoid charges of retaliation you must accurately document the interactions you have with the tenant (e.g., repairs, complaints, or inspections), the type of action taken, and the date and time received/resolved.

Tenant turnover is costly. Tenant turnover of a quality tenant is even more costly and may be avoidable. Many landlords focus their efforts on attracting new tenants to fill a vacancy and allow existing leases to run their course. While not completing ignoring a current tenant, the landlord’s time and attention is directed to new tenant opportunities and potentially higher rents. The tenant with an expiring lease will receive landlord attention but at a date closer to lease termination. Some tenants by that time will have finalized their decision to seek new rental housing and, accordingly, have begun preparations for the move.

Why is tenant retention is so important? Tenant retention can help reduce one of the largest costs in property management – tenant turnover. A vacancy can negatively impact the landlord’s cash flow. Vacated units must inspected, cleaned, and made rent-ready for a new tenant. There are additional costs associated with the filling vacancy process, e.g., advertising, showings, applications, and screenings. Market conditions may further impact cash flow if a landlord must lower rent or offer concessions to stay competitive in the local market. There can be greater benefits to the landlord’s business by retaining the quality tenant who has performed to lease terms and conditions and, accordingly, has contributed to a positive impact on the business bottom line.

Not every tenant is a quality tenant. There are many reasons that leases are not renewed. Some tenants voluntarily choose to move on and some tenants just do not perform at a satisfactory level to warrant a renewal. A landlord must evaluate each tenancy on its own merit for consideration of renewal. Some relationships are better for business if the lease expires and a vacancy is created.

When a landlord performs to his rental standards in the filling vacancy process, he has expended significant resources to find and install a quality tenant. It may follow then, that as a complement to those initial efforts, a landlord should expend equal effort in the retention of that quality tenant. With higher tenant retention, a landlord could experience higher profits.

Well-developed tenant retention strategies can help minimize vacancies and reduce operating expenses.

What are some strategies to retain quality tenants? Generally there are three key factors that influence tenant retention strategies.

• The local market conditions
• The physical condition of the rental unit (maintenance and repair)
• The property management (quality of service)

Local Market Conditions

To stay competitive with area rental communities, a landlord must stay current with the local real estate market. Without that local market knowledge, a landlord has no idea if his business is competitive, can be competitive or clearly in need of a new business plan. A landlord could be losing potential renters from the applicant pool for reasons that could be easily remedied. Market knowledge of supply and demand, demographics, and rental trends are keys in business continuity.

A landlord must periodically review market rents. Renters do comparison shopping for rents in their desired neighborhood. If a landlord’s rents are higher than market rents, the landlord can lose business to his competition. If the landlord’s rents are less than market rents, the landlord could potentially attract a greater number of applicants but may not be able to qualify all applicants to rental standards. Lower rents can mean reduced cash flow and potentially negative consequences to business bottom line. As a general rule, rents are set at levels consistent with the market rent, i.e., the rent for comparable available units in the same area. Knowing the range of market rents also allows a landlord to determine how the current rent should be adjusted when considering lease renewals.

If the market research shows major differences in property amenities, the landlord should evaluate his property amenities to determine if amenities could be added or upgraded in a cost-effective manner. Amenities are usually a drawing point for tenants. It may be that with some changes, even relatively inexpensive ones, new tenants would be attracted to the properties and current residents would be more likely to renew their leases.

Property Condition

During his market research, a landlord must objectively evaluate the physical conditions of his properties as compared with the physical conditions of other landlord properties. A landlord may find that his properties need improvements or renovations to bring his properties to a more competitive market position.

Problems with maintenance and repairs can be a great motivation for tenants to move to another community. Certainly if maintenance issues were not adequately addressed in a timely manner during the tenancy, a tenant is not likely to be receptive to a lease renewal option. Despite having been timely in his rent payments, a good tenant may decide to move on to a better property when his lease expires.

For property values, and attracting and retaining quality tenants, property maintenance, repairs, and capital improvements are top priority in property management. Additionally with regular maintenance and repairs, the working life of property systems and structures can be extended. When vacancies do occur, the time required to return the rental unit to rent-ready condition can be shortened.

Maintaining rental properties to good condition, helping to retain that curb appeal that attracted tenants in the first place, can be an important factor in a tenant’s decision to accept an offer of lease renewal.

Property Management

Quality property management is all important in tenant choices for rental communities. A good property management team invested in customer service can be a significant factor in retaining tenants. Tenant retention depends in large part on the quality of communications between landlord and tenant. This simple strategy, being accessible and responsive to tenant requests, questions, and concerns, can keep tenants satisfied during the current tenancy and increase the likelihood of lease renewal.

Rental practices such as tenant screening have an impact on a tenant’s decision to renew a lease. Good tenants want to stay in good properties. They want to rely on management policies that screen for more good tenants. Tenant retention has been shown to be higher in properties where landlords conduct complete and comprehensive screenings for tenant selection.

Pricing rent fairly in relationship to market rents and property conditions will help tenants in their decision to accept a lease renewal offer. While tenants may understand prevailing market conditions and the fact that everything goes up can be a factor in setting rents, a landlord can increase rents incrementally to ease the burden on existing tenants. Being price-sensitive to the market may make the landlord’s rent structure more appealing to tenants shopping around and making price comparisons. A small increase in rent can be expected, a larger increase in rents can prompt a tenant to move. Discussion of rents and rent increase schedules including lease renewals can take place during the tenant’s move-in orientation. Detailed lease clauses can eliminate surprises at lease expiration notice periods.

Enforcement of rental terms and conditions is another way that landlords can retain quality tenants. If a landlord does not enforce consequences for lease defaults or allows dangerous conditions or illegal activities to occur on the rental property, quality tenants move on.

When properties in the local market are competitive for location, rents and amenities, a determining factor for a tenant to stay or move on may be the property management and its customer service. Tenants who feel their needs are being met, their privacy respected, and the property well maintained (a nice place to live) are more likely to want to renew their leases. The market’s perception of the landlord’s properties can be as important as the property’s physical characteristics and rental policies. Social media comments may influence a potential applicant’s decision in choosing a rental community. The branding of a property as a desirable rental community can be a decisioning factor to many tenants.

A good retention program is a landlord’s good will policy – responsive to tenant needs, open to communication, and appreciative of the tenant’s business.

Selecting the right tenant is a critical business decision. The landlord’s tenant screening policy and qualification standards form the basis for informed decisioning of tenant selection. A landlord develops his rental criteria to facilitate choosing the right tenant; a tenant able to pay rent on time and maintain the rental property to good condition.

The right screening policy and qualification standards help protect the landlord’s business against bad tenants. Bad tenants can result in loss of rents, property damage, evictions, unexpected turnover, extended vacancies, complaints, nuisance, threats to safety and welfare of others, and consequently, increased operational costs.

To develop compliant tenant screening policy and practices, a landlord must understand what can and cannot be done according to fair housing laws, landlord-tenant statutes, local ordinances, and applicable consumer protection laws.

A key issue for legal compliances is determining the applicable level of governance and the regulations, restrictions, or prohibitions at that level. Some metropolitan areas in certain states tightly govern rental housing screening policies. Due diligence of applicable laws is required to set compliance to the most stringent standard.

Landlord-Tenant Statutes

Landlord-tenant statutes cover rights and responsibilities of landlord and tenant. It is a landlord responsibility to stay current with applicable landlord-tenant laws on state and local levels. Local jurisdictions may have additional regulations governing landlord duties and responsibilities or could have more restrictive laws than required by state statutes.

Fair Housing Laws

The federal fair housing law prohibits discrimination based on the protected classes of race, color, national origin, religion, sex, disability, or familial status in most public, assisted, and private housing, with a few exceptions.

Some states and local jurisdictions may provide greater fair housing protections with additional categories of protected classes. Fair housing compliance must be in accordance with the most stringent requirements.

Disclosures

Tenant screening criteria set minimum requirements that are applied to all applicants equally and consistently. Disclosure of tenant screening criteria is important to provide transparency and openness in the selection process and provide a defense against claims of discrimination.

In some states or municipalities a landlord may be required to disclose to potential tenants in writing his tenant screening process and the tenant qualification criteria. A landlord must research his state statutes and local ordinances to determine his legal compliance requirements for disclosures.

Qualification Criteria

How to set the tenant screening policy and qualification standards begins with listing qualifications that must be met for acceptance of an application.

Formalized written rental screening and selection standards set out minimum qualification requirements for tenancy. Typically these requirements specify a minimum gross monthly income, a satisfactory income-to-rent ratio, verifiable current employment, positive references from previous landlords, satisfactory credit history and debt payment history, no history of illegal drugs or illegal activities, no derogatory public records such as bankruptcy, liens, or judgments, satisfactory background check, and in some cases personal references or qualified co-signer.

A landlord can select the tenant of choice as long as the selection decision is based on sound business criteria; all applicants have been screened in the same manner under the same criteria; and such criteria is applied consistently without discrimination in full compliance with all applicable federal, state, and local laws.

However there could be instances when business standards must be adjusted to changing market conditions or business model. Business standards can be revised, however, revisions should always be documented with the business necessity for such changes and the date the revision or addition became effective. A landlord must be sure the business criteria upon which the change is based is sound, legal, and is defensible against claims of discrimination.

The rental qualification criteria should point to the important issues of the landlord’s business – as examples, the ability to pay rent, an acceptable credit history, and verification of satisfactory previous landlord references.

Setting high standards can in theory help minimize the landlord’s risk exposure. However qualification standards that are too high can reduce the size of the applicant pool and extend vacancy periods. Rental standards should be objective, measurable, and relevant to an applicant’s performance as a tenant.

If any standard that is set, despite being neutral and non-discriminatory in its intentions, has a disproportionately adverse effect on any member of a protected class a landlord violates fair housing laws through a practice known as disparate impact.

Screenings

Most landlords agree that tenant screening is necessary to protect their business investment. Any screening, legally compliant and supported by valid business reasons, is beneficial in protecting the interests of people and property. What types of tenant screenings and types of delivery methods are independent business decisions typically based upon management experience and business need. The important key in tenant screening is consistency in methodology, criteria, analysis of data, evaluation, and selection regarding any and all rental applicants.

All screenings must be compliant with applicable federal, state, and local laws for anti-discrimination protections, consumer protections, and use of consumer reports. State landlord-tenant statutes may also regulate or restrict certain types of screenings. Landlords are held responsible to comply with applicable laws and ordinances.

It is important to develop a standardized compliant tenant screening process consistently applied to every applicant. With deviation from standards, a landlord opens his business to possible liability with claims of discrimination and unfair treatment of applicants. The best practice is fair, equitable, consistent, legal, and non-discriminatory qualification standards.

Pre-Screening

Documented screening policy and qualification standards allow for pre-screening of interested rental prospects inquiring about a vacancy. Pre-screening is a pre-qualifier to determine if there is sufficient interest on the part of the landlord and prospect to continue to the next phase of the application process.

Whether the initial contact is by phone or in person, it must not be used as a means to screen out prospects by asking leading questions or stereotyping prospects by language and speech patterns or by any other characteristic that is forbidden by federal, state, or local fair housing laws. Such practices are illegal.

The pre-screening process can be cost-effective in managing landlord time to fill a vacancy. A pre-screening interview with a rental prospect allows the landlord to communicate rental standards, qualification criteria, and basic property information. The pre-screening contact benefits rental prospects as well. Prospects can process the rental information to preliminarily determine their degree of interest in the offered vacancy and whether they want to proceed with the application process.

During the initial contact with a rental prospect, a landlord can provide information and ask questions that help the landlord understand the prospect’s rental interest, current situation and future housing plans. The prospect’s answers to a few qualifying questions can provide enough information to help the landlord to determine if there is a reasonable chance of qualification for tenancy. Some commonly asked questions are:

• Why are you moving?
• When is your planned move-in date?
• Are you able to meet the monthly income standard?
• Will you submit a rental application and consent to the standard application process including credit and background checks?
• Can you provide employment verification and proof of income?
• Can you provide previous landlord references?
• How many people will occupy the rental unit?

Using a prepared script and a checklist of property features will help ensure all prospects receive the same information in the same manner. Documentation of all contacts between the landlord and prospects should be done to help defend against potential claims of fair housing discrimination. Notation of the prospect’s responses may prove useful to later compare with information in his application form.

Documentation

Documentation is key to defending against charges of discrimination. Not only does documentation of rental policies and practices help refute false claims of discrimination or landlord negligence; it helps to “remind” both parties as the tenancy proceeds of what was said and done. Information may be misunderstood, memories may fail, or there might be misrepresentation of what was said. Without written documentation of policies, practices, forms, interviews, or other public contact, a landlord can create potential liability. Without the appropriate documentation and retention of documents, it will be the landlord’s word against a claimant’s allegation.

Document control is needed to secure associated rental/tenant documentation. There are legal requirements for the storage and security of rental documentation. This includes how it is stored and accessed; retention of documents; and disposal requirements of documents no longer needed.

Most lease agreements will 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. Repairs and alterations to the rental property include rekeying locks or installing an alarm system without landlord consent. A sample lease clause may use language such as: “Tenant will not, without Landlord’s prior written approval, alter, rekey or install any locks to the rental premises or install or alter any security alarm system for the rental premises. Tenant must provide Landlord with a key or keys that unlock all such rekeyed locks or new locks. In addition, Tenant will provide Landlord with instructions on how to disarm any altered or newly installed security alarm systems. Tenant must provide Landlord with the name and phone number of the security alarm company.” The tenant should be reminded that the landlord must be able to gain access to the rental unit in the event of a true emergency.

Once the landlord has transferred possession of the rental unit to the tenant, a landlord must respect the tenant’s rights to privacy in the tenant’s home. The implied Covenant of Quiet Enjoyment ensures the tenant that during his tenancy, the tenant’s use and enjoyment of the dwelling unit will not be disturbed by someone with a superior legal title to the land 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 tenant is deprived in whole or in part of the beneficial use and enjoyment of the leased premises due to actual or constructive action by the landlord, a breach of the covenant has occurred.

The rental unit is still owned by the landlord as his legal property and the landlord retains a legal right to enter the premises under certain circumstances as permitted by state statutes. For compliance with habitability responsibilities, a landlord can request access to the rental unit as needed for inspections and repairs in order to make sure the property is safe and well maintained. This could include supervised access to the rental property for contractors, tradespersons, or service technicians. In most states the landlord has the right to show the rental property to prospective tenants or purchasers. The conditions for notice requirements and reasonable hours of access apply for any access to the rental premises.

While ownership of the property and possession of the property are separate matters, at times such matters can create landlord-tenant tension when the landlord requires access to the rental unit and the tenant views the landlord’s entry as a violation of privacy. Generally in discussion with the tenant regarding the business need for entry, the landlord, following statutory requirements for tenant notification, is granted access to a tenant-occupied property. The tenant should be reassured that the landlord, or the landlord’s agent, will remain in the tenant’s rental unit only for the amount of time required to complete the task, inspection, repair, or showing.

Landlord behaviors that are considered too invasive of the tenant’s right to privacy and/or intrusive to the tenant’s enjoyment of the premises violate the tenant’s rights. If a landlord requests frequent inspections unwarranted by business purposes, conducts inspections or requests access outside of reasonable hours, or otherwise uses entry to harass a tenant, the landlord’s behaviors violate the landlord-tenant agreement. The landlord cannot just drop in or otherwise enter the tenant’s unit without the express permission of the tenant except in the case of true emergency. Depending upon the circumstances regarding entry, tenant remedies for a landlord’s violation of tenant privacy include filing a lawsuit against the landlord for trespass, invasion of privacy, breach of the implied covenant of quiet enjoyment, and infliction of emotional distress.

In the event of a true emergency a landlord can enter the rental premises without giving the required notice. A true emergency is an event that threatens life or causes property damage if not immediately corrected. A landlord should use both caution and common sense to evaluate a situation for emergency entry. Fire, flooding, or an event caused by a natural disaster might be considered legal justification for emergency entry.

A best practice is to document in writing all requests for entry and corresponding tenant permissions for entry. Written notices provide details of the nature of the request, date and time of entry and serve as a risk management practice in the event of a misunderstanding or tenant claim of violation of privacy rights.

A landlord has a legal responsibility to take reasonable care to protect tenants from foreseeable harm. The landlord’s duty of care extends to protect tenants from third party criminal acts and, correspondingly, to protect the neighborhood from criminal acts of his tenants.

A landlord should assess his property’s safety and security vulnerabilities. A physical inspection of the property can point to areas that require additional safety measures or upgraded security systems. While a landlord cannot guarantee tenant safety, with adequate due diligence and appropriate safety measures, a landlord can help secure a property from known risks.

A landlord’s property security assessment will determine what security measures are needed to effectively protect the property. Basic security measures for all types of properties include:

• Exterior lighting at entrances and walkways
• Interior lighting at stairwells, hallways, doorways, garage or parking entrances
• Locks including dead-bolt locks for entry doors, window locks, patio door locks
• Landscaping that does not block or obscure doorways or windows

The type of property, the location of the property, and the security measures as required by state statutes, local ordinances, or building safety codes may also determine what must be provided for adequate protections.

Measures for tenant safety can include rental policies and practices for tenant screening. Tenant screening practices that include thorough background checks for credit history, rental history, criminal conviction history, public records, and landlord references can help control business risks and protect current residents from harm.

A landlord should monitor activity on his rental property for signs of illegal or nuisance activities and take appropriate measures to enforce rental policies and take legal action as required to stop illegal activities and remove nuisance tenants.

Responsible landlords have good management practices, prompt response to tenant security concerns and complaints, regular property inspections, timely response to maintenance and repair issues, and installation and maintenance of required safety and security devices that help protect tenants’ safety and reduce landlord liability for known risks.

Carbon monoxide (CO) is a toxic gas produced by incomplete combustion of fossil fuels, such as natural gas, wood, oil, propane, charcoal, gasoline, kerosene, or coal. When fossil fuels are burned, carbon monoxide gas is released into the air which, if not dissipated, leads to air quality problems and serious health issues.

Because carbon monoxide is a colorless, odorless, and tasteless gas, residents can be unaware of dangerous levels of CO in their homes. Exposure to carbon monoxide inhibits the blood’s ability to carry oxygen to body tissues and vital organs. Symptoms of carbon monoxide exposure can include headache, nausea, weakness/fatigue, rapid breathing, dizziness, confusion, and fast heart rate. Extreme exposure can include convulsions, unconsciousness, brain damage, and heart and lung failure followed by death.

The winter season can be especially dangerous for accidental carbon monoxide poisoning. Insulating homes and apartments for more energy efficiency in the winter can make the unit/ home more air tight, but this in itself could contribute to indoor air quality problems. Carbon monoxide levels in tightly sealed apartments and homes could rise to dangerous levels if a fossil fuel source malfunctioned or was not properly vented.

Carbon monoxide comes from sources such as:

• Any fuel-burning device that is malfunctioning or improperly installed.
• Furnaces, gas range/stove, refrigerator, gas clothes dryer, water heater, portable fuel-burning space heaters, fireplaces, and wood burning stoves.
• Vehicles running in an attached garage.
• Combustion engines used in enclosed spaces.
• Blocked chimney or flue.
• Cracked or loose furnace exchanger.

Only incomplete burning of fossil fuels can produce carbon monoxide gas. Appliances or heating systems that use electricity do not produce carbon monoxide.

Carbon monoxide exposure poses a risk in all types of housing and other type of properties. Most housing has some source of fossil fuel heating system or appliances which requires inspection and regular maintenance to prevent carbon monoxide exposure. Even when there is no carbon monoxide source within the home or rental unit, there can still be risk of CO emissions coming from nearby units or properties. Accordingly it is recommended that a carbon monoxide alarm be installed in all housing intended for human occupancy.

Landlords should be proactive in taking appropriate measures to protect the health and safety of tenants. A landlord may have the legal obligation to install and maintain carbon monoxide alarms in rental properties. Landlords should determine compliance requirements for their properties by state statute, local ordinances, and building/safety/health codes in their area. Specific requirements and responsibilities concerning carbon monoxide detectors can vary among states. In some states landlords are prohibited from renting properties with a carbon monoxide source unless an approved carbon monoxide detector has been properly installed. In other states landlords are required to install CO alarms/detectors in every unit even if there are no fuel sources or attached garages that could create a risk of carbon-monoxide poisoning.

Per most state and local requirements, at least one approved carbon monoxide alarm must be installed in each dwelling unit. Wherever there is a carbon monoxide source (appliance or system) there should be a CO alarm. This may include placing an alarm in the furnace room, laundry room, and garage. Installation and placement of CO alarms should be done according to the manufacturer’s instructions. As a general rule, carbon monoxide alarms must be located outside of each separate sleeping area, in the immediate vicinity of the bedroom and on each level of the residence.

Fire and safety recommendations include testing CO detectors on a monthly basis according to the manufacturer’s instructions, replacing batteries as specified by the manufacturer, and as applicable, regularly cleaning the alarm to remove dust.

Carbon monoxide alarms properly installed and maintained can detect high concentrations of carbon monoxide gas and alert residents to take appropriate actions for safety.

There are measures that can be taken to reduce exposure to carbon monoxide and prevent carbon monoxide poisoning. In general:

• Have the heating system, vents, chimney and flue inspected annually by a qualified technician.
• Every home with at least one fuel-burning appliance/heater, attached garage or fireplace should have a carbon monoxide alarm.
• Properly install carbon monoxide alarms in the home on every level and in sleeping areas.
• If the home has only one carbon monoxide alarm, it should be installed in the main bedroom or in the hallway outside of the sleeping area.
• Place the alarm at least 15 feet away from fuel-burning appliances.
• Make sure nothing is covering or obstructing the unit.
• Do not place the unit in dead air spaces, next to a window or door, near heating/cooling vents, ceiling fans, or areas with turbulent airflow or heavy ventilation.
• Do not install a unit in direct sunlight or outdoors.
• Avoid installing the unit in locations with high humidity such as bathrooms.
• Test the carbon monoxide alarm regularly using the test/reset button.
• As applicable to the manufacturer’s care instructions, clean the unit to remove accumulated dust.
• Install and operate appliances according to the manufacturer’s instructions.
• Purchase appliances that have been approved by a nationally recognized testing laboratory.
• Never use a gas range/stove/oven to heat the home.
• Never leave a car idling in a closed garage or use fuel-powered appliances or tools in enclosed, attached areas such as garages or porches. Carbon monoxide can seep into the home through vents and doors.

• Install and use an exhaust fan vented to the outside over a gas stove.
• Open the fireplace flue when using a fireplace.
• Use a wood stove that has been certified to meet EPA emission standards.

• Prohibit indoor use of portable gas grills or charcoal grills.
• Prohibit the use of nonelectric space heaters in the home/rental unit.

Tenants should be instructed on the proper use of appliances, heating systems, fireplaces and wood stoves; how to inspect appliances and heating sources for proper working order; make sure ventilation ducts for any appliances and systems are kept clean and unobstructed; and to promptly report any problems to the landlord. The lease agreement should be clear and detailed regarding tenant responsibilities to properly use appliances, fixtures, and systems provided in the rental unit.

It is important the tenant know where the carbon monoxide alarms are located in the rental unit, know how to test the alarms, and know how to replace batteries in the alarms as per manufacturer instructions. A tenant should be held responsible to keep alarms in good working order and cautioned against disabling the alarms. Should the tenant fail to comply with lease terms and conditions regarding safety measures for the prevention of carbon monoxide poisoning, the tenant’s default may be considered a material lease default and a cause for the landlord to seek legal remedy.

The move-in checklist should clearly note that landlord and tenant tested approved carbon monoxide alarms during the move-in walk-through and found alarms in good working order. The landlord should note that the tenant was given information regarding the dangers of carbon monoxide exposure, device testing, and what to do in an emergency situation. As part of the documentation in the tenant’s file, the landlord should keep a record of the alarm installation and maintenance inspections.

A best practice to ensure tenant understanding and compliance of carbon monoxide responsibilities is the use of a carbon monoxide lease addendum signed by the tenant at move-in and reviewed at lease renewal.

In many states a landlord’s duty of care to take adequate measures to provide for the safety of a tenant will include the landlord’s responsibility to install, inspect, and maintain carbon monoxide alarms. If a landlord breaches his duty of care by failing to take appropriate steps to protect the tenant from CO exposure and the tenant suffers carbon monoxide poisoning as a result, the landlord as a result of his negligence would likely be held liable in a tenant’s personal injury lawsuit.

A landlord could be held liable for a tenant’s claim of injury due to exposure of carbon monoxide if the landlord (1) violated state statutes requiring carbon monoxide detectors to be installed in rentals; (2) failed to maintain required carbon monoxide detectors; (3) violated health and safety codes for carbon monoxide detector requirements; or (4) breached a landlord duty of care regarding carbon monoxide alarms as per lease agreement or oral promise. The determining factor in establishing landlord liability will be the facts as evidenced by an investigation of the circumstances. It is unlikely that a landlord could be held liable for tenant’s injuries from CO exposure that were a result of a matter completely out of the landlord’s control, such as a product recall for a design flaw or manufacturing error that makes the unit unsafe to use. If the facts show that tenant injuries were due to the tenant’s negligence, the landlord would not likely be held liable.

A lease agreement or separate lease addendum should always address rental issues that specify landlord and/or tenant duties and responsibilities.

If the rental property is located in a region that receives winter weather (snow and ice), snow removal should be addressed in the lease for legal compliances with applicable state, city, and county regulations and assignment of responsibilities.

Tenant safety is a duty of care responsibility for a landlord. Snow and ice removal must be done to help keep tenants safe on the property and to maintain the property to good condition. Some states address the issue of snow removal by statute including specific responsibility for snow removal. Other states may address the issue in general but allow a landlord to determine specific responsibility for snow removal. City and county ordinances may also address the issue to further specify snow removal responsibilities and details of how and when snow must be removed.

Unless otherwise specified in the lease or by statute/ordinance, a landlord or property owner is generally responsible for snow removal for multi-unit buildings in a complex where there are common walkways and parking areas. In many states a landlord or property owner with multi-family/multi-unit properties is held responsible to maintain all means of egress at all times in safe and operable condition, including conditions of snow and ice.

Landlords with single-family residential properties may be able to transfer responsibility of snow removal to the tenant through appropriate language in the lease agreement.

The lease agreement must comply with the state and municipal laws on snow removal and clearly define details regarding the time frame and manner of snow removal.

By including the snow removal policy in the lease agreement, the landlord and tenant sign their agreement to duties and responsibilities for snow removal at the rental property. The policy, practices, and remedies for default are clearly detailed in the lease for understanding what will need to be done during conditions of snow and ice. The tenant is made aware of duties and responsibilities such as:

• Tenant responsibility for snow removal
• Landlord responsibility for snow removal
• The timeframe for snow removal by the tenant per applicable statute/ordinance
• Landlord remedies for tenant default of snow removal duties and responsibilities

A landlord may include in the lease clause a remedy that if the tenant does not perform to required statutory regulations, e.g., timely snow removal, the landlord may remove the snow and ice at the tenant’s expense. A lease clause may also assign to the tenant responsibility for injuries caused by the tenant’s failure to remove snow and ice per regulations and lease terms and conditions. The lease may also assign tenant responsibility for fines resulting from tenant failure to remove snow and ice per regulations.

To help prevent fire and safety hazards when decorating indoors for the holidays, pay close attention to lighting decorations and particularly to open flame candles.

• Do not place trees, live or artificial, next to a heat source such as heat ducts, radiators, or a fireplace. Avoid placing trees in high-traffic areas or near doorways so as not to restrict or block access to or from the area.

• Interior lighting strings should be checked for damage, such as cracks, damaged sockets, bare or loose wires, and missing bulbs before placing lights on a tree or used in a decoration.

• Use lights that have been inspected for potential safety hazards and certified safe by an approved source such as Underwriters Laboratory.

• Consider using energy efficient LED lights rather than incandescent lights.

• Don’t overload electrical circuits with multiple devices such as holiday decorations and space heaters. Do not exceed the maximum number of light strings that can be linked together, as noted on the packaging instructions.

• Use a ground fault circuit interrupter (GFCI) outlet that will shut down if there is overcurrent.

• Prevent tripping by placing cords and decorations in low-traffic areas where they won’t be walked on. Avoid twisting, kinking or crushing cords.

• Use a timer or turn off lights before going to bed or if residents are away from home. Unattended lights could short out and start a fire.
• Indoor lights should not touch drapes, furniture or carpeting.
• The use of open flame candles should be discouraged (or prohibited) to avoid fire hazards. If lighted candles are used, place them away from flammable or combustible materials, including other decorations, fabrics, plastic or paper products. Never leave a lit candle unattended. Make sure to extinguish candle flames when leaving the room and before going to bed.
• As the best alternative to traditional candles, use battery-operated candles.

The following tips for energy efficiencies may be helpful to tenants to reduce their heating costs:

• Replace furnace air filters on a regular schedule.
• Turn down the thermostat at night while sleeping.
• Lower the thermostat setting during the day when no one is home.
• Reduce cold air drafts from entering living spaces at doorways or window sills by placing draft dodgers along bottoms of exterior doors and in window sills. Windows should be kept shut and locked. If allowed, weatherproof windows with insulating film, and install insulating gaskets in electrical outlets.

• Open any register vents or air returns inside the living spaces in the rental unit. Vents may be wall mounted, in the floor or in the ceiling. Make sure furniture has not been placed over or against vents or returns.
• Keep the heat on at the premises. Do not turn off the heat in the rental unit when leaving for the holidays or taking a vacation trip. Heat should be kept at a minimum of 55° at all times during the winter season. Notify the landlord if there is a planned extended absence from the rental unit.
• Keep kitchen and bathroom warm water faucets slowly dripping to prevent pipes from freezing if the outside temperature is expected to fall below 20°.

• Keep the kitchen sink and bathroom vanity cabinet doors open so warmer air can circulate around pipes to prevent pipes from freezing.

• Reverse the direction of ceiling fans to rotate clockwise to help circulate warm air that gathers near the ceiling. This will push the warm air down to lower areas.

• Use the exhaust fan above the stove when cooking.
• Run the exhaust fan in the bathroom during and after a shower to reduce moisture in the rental unit.
• Replace incandescent light bulbs with energy efficient LED bulbs.
• Lay down rugs on bare floors for more insulation during the winter.