What Is a Landlord Responsible For?

If you’re a landlord, or you’re considering renting your property to tenants, it’s important for you to understand what landlords are legally responsible for. That way, you can outline the expectations up front and minimize conflicts and misunderstandings with your tenants. 

Here’s a quick breakdown of the responsibilities of landlords vs. tenants.

Who’s Responsible?

This is where it can get tricky. When something breaks, who is responsible for fixing or replacing it? Typically, as a landlord, one of your key duties is to provide a “habitable” environment for your tenants. This means that the home you rent to them must be safe to live in and be compliant with local, state and federal codes.

So, landlords are generally responsible for any maintenance or repairs that keep the rental unit livable. 

But there’s a tenant’s responsibilities list as well. Tenants may be responsible for minor maintenance and for damage that they cause. Here’s a summary of common issues, and who’s responsible for what.

Utilities

As a landlord, you can choose whether you want to include utilities in the rent or have the tenant pay for them separately. If the tenant is responsible, have the tenant set up accounts in their name. While who pays for what is your decision, it often breaks down like this:

• Landlord: Landlords may choose to include water, sewer, trash pickup and homeowner’s association fees as part of the rent.
• Tenant: Internet, cable, alarm system monitoring, natural gas and electricity costs are generally the tenant’s responsibility.

Light Bulbs

• Landlord: The landlord is usually responsible for replacing lightbulbs in common spaces like a hallway or staircase.
• Tenant: The tenant usually has to replace burned-out lightbulbs inside the apartment or house.

Appliances

• Landlord: If the lease agreement mentions appliances such as a dishwasher, washer or dryer, then the landlord has to keep them in working order.
• Tenant: If the tenant damages the appliance, they are responsible for repairs or replacement,  either by paying for them directly or from their security deposit.

Pests

• Landlord: It’s generally the landlord’s responsibility to maintain a property that’s free of rodents, bugs and other pests.
• Tenant: If the tenant leaves food out, garbage piles up or their living space isn’t kept clean, their actions can attract pests. This could result in the tenant being responsible for extermination costs. As a landlord, you can likely deduct these costs from their security deposit.

Plumbing, Heating and Air Conditioning

• Landlord: As part of the “habitable” environment rule, it’s the landlord’s job to keep these systems running as they should.
• Tenant: Tenants have a duty to use these items properly and to notify the landlord about any issues. The owner must fix these systems if they break down, but if a tenant has caused them to stop working or not work properly, they could be responsible for repair or replacement costs. For example, a tenant might be responsible if a child flushes a toy down the toilet. 

Toxins

• Landlord: If your property has lead paint, asbestos or mold, you must remove these toxins in a way that complies with federal law.
• Tenant: Once the area is treated, tenants should help maintain that treatment. For example, if an area has been treated for mold, they should follow best practices for keeping the area moisture-free, such as running a bathroom fan or opening a window so the water can dissipate.

Make Expectations Clear

It’s a smart idea to make sure your lease and any rental documents outline what you expect to handle and what’s the responsibility of your tenant. You may want to assume that this rental is your tenant’s first experience living on their own, and they may not have the knowledge level you have about basic maintenance or expectations about responsibilities.

Get the Coverage You Need to Protect Your Property

Protecting your belongings or your investment should always be top of mind. Whether you own a property or are renting one, your local Farm Bureau agent can help ensure that you have the coverage you need, when you need it. To learn more, contact an agent today for a SuperCheck®.