A basic guide to landlord and tenant responsibilities

Written on December 13, 2018 by

Who’s responsible for what in a tenant/landlord relationship?

I have my fair share of crazy landlord stories. I once had a tenant who wanted to move out a month after moving in. The question was: did they need to abide by the lease even though it just started? A year later, I had a tenant file a lawsuit because they believed damage in the unit was the landlord’s responsibility. So, who was right in each of these scenarios? What responsibilities did each party have?

We are going to dive into the not so fun, but always relevant, topic of responsibility. Laws vary between states, and even cities, so pay particular attention to your jurisdiction’s laws. Additionally, the lease will have specific rights outlined that must be obeyed. To learn specific landlord/tenant laws by state, visit this comprehensive guide.

Top 5 debated tenant/landlord responsibilities

1. Security deposit

Landlords are responsible for returning security deposits, usually within 15-45 days of the move-out date, but this varies by jurisdiction, so be sure to know yours. Landlords who own between 10 and 25 units or more often need to hold the security deposit in an interest bearing account. This also varies by state.

If the landlord is withholding any of the security deposit for loss of rent or damage costs, an itemized list needs to be sent to the tenant within the legal time frame for your jurisdiction. What happens if a landlord ignores this law? They can owe the tenant twice the security deposit plus court fees.

Related: What to do if your landlord wrongfully kept your security deposit

2. Lease termination notice

Occasionally, tenants need to break a lease for various reasons. Whether moving out of state or fighting with a roommate, the law needs to be followed. Annual leases lapse on the date listed in the lease. Although, state-by-state the laws vary, and you might need to give notice that you will not be renewing.

When ending a lease early, additional issues arise. The lease generally outlines requirements for breaking a lease; however, a rule of thumb is that the tenant is responsible for the rent until either the end of the lease or a new tenant takes over the lease, whatever happens first.

Monthly leases, in general, require 30-days’ notice from the date rent is due.

So what happened with my tenant who wanted to move out a month after moving in? When that tenant wanted to break the lease so soon, we went by the lease agreement. The tenant paid a fee to have the unit re-listed and was responsible for the rent until new tenants signed a lease.

Related: Can my tenant break the lease?

3. Damage responsibility

The party responsible for rental property damage is a touchy subject, and the reason is clear. The answer is not cut and dry. The general understanding is that the tenant is not responsible for normal wear and tear but is responsible for the damage they have caused. The question is: what is normal wear and tear?

Normal wear and tear falls within these categories:

  • Minor paint damage
  • Faded or worn carpets
  • Faded lamp and window coverings
  • Lightbulb replacements
  • Rust or mold in the bathroom
  • Smelly garbage disposal

As you can see, normal wear and tear are items that would have happened if anyone was was living in the unit; you, your tenant, your mom, your mom’s tenant, etc.

However, more extensive damage is the tenant’s responsibility, such as:

  • Broken window coverings
  • Holes in the wall
  • Pet damage
  • Broken items—doors, windows, appliances
  • Unapproved decor

And here’s what happened with my tenants who thought damage in the unit was my responsibility: When my tenants sued us over the definition of normal wear and tear, the judge decided that all damage above the wear of general use was considered damage that needed to be repaid. Something to note: the judge did not allow us to charge based on quotes to repair damage, only repair receipts.

Related: The ultimate guide to normal wear and tear

4. Habitability

Landlords have a responsibility to provide a habitable place for their tenants to live. But what does habitability mean? Habitability means a safe and healthy environment. Plumbing, electricity, heating, and (in some areas) cooling need to be in working order. Doors and locks must be working correctly. The structure needs to be sound.

Landlords are required to:

  • Ensure the building structure is intact
  • Maintain common areas
  • Keep utilities in working order
  • Remove rodent infestations
  • Manage environmental hazards

Related: 9 maintenance issues tenants are responsible for

5. Utilities

The party responsible for utilities can be complicated to determine. While landlords have the right to require tenants to pay for their own utilities, the renter has the right to working utilities to meet “habitability” requirements.

A good course of action is to have a solid lease with clear responsibilities. The lease must outline who is responsible for paying utilities. Many utility companies have landlord provisions. A landlord can contact a utility company and set it up so if a tenant does not pay the bill, the landlord is notified. This way, the utilities won’t be turned off for nonpayment, and the landlord can avoid frozen pipes or a lawsuit for a rental property that is not habitable. The landlord can then bill the tenant for the nonpayment, and there should be a provision in the lease for utility nonpayment and associated fees.

In conclusion

While I have acquired some crazy landlord stories during my years in the industry, they have each taught me something new. I became an expert in my local jurisdiction’s rental laws and became better able to protect myself in the future. When taking on a new tenant and lease, re-examine your lease and make sure that the responsibilities are legal and clearly outlined so there are no gray areas. Gray areas are the cause of many landlord and tenant headaches.

I’d love to hear your landlord-tenant stories. Feel free to leave them in the comments below.

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15 CommentsLeave a Comment

  • Sheila Kelly

    I called my tenant & told him I would be turning off the electric, so he had two days to put the electric in his name, which he didn’t do. So after the electric was turned off, he reported it to the police & a deputy came to my home & told me he could charge three times the amount of rent according to State law. I told the deputy he had changed the locks & wouldn’t give me a key, so I would immediately have the electric turned on if he gave me a key I have not received a key & the electric is back on. It states in the Lease that he should ask my permission to alter anything on the property. which he didn’t do. He is taking me to court over this for $4500, which I don ‘t have as I’m 85 & live on a fixed income. He’s been harassing me

  • Gina

    We signed a lease for a house in California in the lease it states the garage door did not work and the landlord would be replacing it in the spring of 2018. This did not happen. We were told later that it had been written out of lease but the one we signed still states the same thing. What are our legal rights?

  • Amy Janecek

    I live in Grand Island Nebraska. I rent an apartment. I asked my landlord it I could put a shed up in the backyard and he said yes. Then he said it was illegal for me to do that and he then told me not to. Is it illegal as long as I have his permission?

  • David J DeMontigny

    I live in Littleton New Hampshire and I cannot find a answer to my question. I live in a trailer park that has five trailers in it and the landlord also lives in the park and he breaks all his trailer park rules himself. The park rules state NO Dogs but he has three and lets them run when he is outside. This is and elderly trailer park no one under 45 shall live hear but also that rule is broken. Wife and I are over 70 and in over 4 years have never any interest on our $675.00 security deposit and I believe from what the landlords wife says the security deposit is in there” account not a separate account. Can like I stated the landlord break his own park rules when he also lives in the park. DJD.

  • Brian

    Can the landlord break a year lease ? Some property damage has accured, behind on utilities, has been late on the rent for several months in a row. The house has become to much for her to afford.


  • Richard Turner

    I read a statement tonight that said “Even if the landlord spent money deep cleaning the place, if you left it clean, no deduction is permitted.” Is this true? I left my apartment sparkling clean, with no damages. I also took pictures. My previous landlord sent me an email stating that they are keeping my $450 security deposit and I also owe an additional $740 for cleaning and damage turnover. They didn’t do a final walk-thru with me but I know how I left it. Is there anything I can do? In Las Vegas, Nevada

  • Karen Schultz

    I moved into this apt. when it was 1 year old. I ended up living here for 18 years, I moved in originally because it has Jacuzzi jetted Whirlpool tubs. When we moved back in here about 6 years ago, we did so because I need whirlpool therapy for medical problems I have, and being able to do it at home because I have no car, I thought moving back here would be prefect. I need to know if it is the apt. responsibility to have it cleaned yearly or at least before a new tenant moves in by a professional which everything I read about it said yes. So I cleaned it like I did every week when I lived here before. That was not good enough & I have an incurable something on leg for 5 yrs. now.

  • Carmen Merelles

    I am a next door neighbor in a duplex community, in Mesquite. Texas. I have some noises, very loud noises at the wall we share. I contacted my neighbor ,went inside their duplex, and I saw a very bad living condition. A family with 5 kids living there. I contacted the landlord, because they continuous with the same house behavior, and he told me the family is in section 8. I can not live in this condition. I bought the house 2 months ago. In their back yard is trash everywhere. The side of the roof has big holes, where big animal get in and out. WHat I should do? The landlord told me , nothing he can do. Thank you

  • mytowntoo

    There is a new owner of my rental home — this will be 3rd owner since I’ve been here (8 years). Last owner let lease/month-to-month agreement expire in Mar 2018 — now no contract on file. New owner bought in current condition (18 yr old carpet, orig appliances, etc) and saw once very briefly (in my presence) before she offered. I was meant to stay on, but found much better housing so will be moving out in about 6 weeks. New owner has not contacted me since the one time I met her at showing. Former owner had what was originally “security deposit” transferred to new owner, but now it can be called anything I guess. Planning to use that as last month’s rent and leave the place as is (which is the condition in which she bought it.) Issues?

  • kristie soucek

    We have a clogged bathtub, Been trying for 2 days to unclog it. this goes beyond just some hair down the drain. We are getting a brownish mud looking substance coming up after putting in draino and snaking. Landlord said that its our responsibility and to call a plumber if needed. Does this sound right? Oh and if I didnt mention he is in the process of selling the duplex.

  • Crystal Wallop

    Hello. I live In a studio apartment and when I signed my lease it said that all my bills are included for such and such each month. Okay so she’s talking bout the light bill is high so I’ll have to pay extra on my rent..but that not what my lease says though

  • Kim Shanley

    So we pay almost 1600.00 a month . Lease says secured building. Main entrance door is broke and anyone can get in to common area. 4 months in still broke. Want to move , afraid to brake lease.

  • Vanessa Barnett

    I move in an apt and it was not clean.My air unit has not work since I move in four monts ago and I have rodents. What steph can I take to get some help?

  • Buck

    I rent a house and I have not paid rent because of the bug’s and I have not been given a lease to sign, and given no receipt for the rent I have paid, landlord said she will have power and water shut off it is in her name but was supposed to be paid with rent that I gave her that I didn’t get any receipts for I have been there for 6 months

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