Landlords:

Landlords lease their property to tenants for a specified period according to the lease agreement and receive rent from the tenants for leasing them the property for their use. Only possession of such property is transferred but the ownership continues to remain with the landlord.

Becoming a Landlord

A person becomes the landlord of a building when he takes control of it even before the name has been transferred on the title deed. Being a landlord not only entails buying a rental property but also many other things which are the responsibility of the landlord.

Before assuming the responsibilities that come with ownership, a landlord should:

• Gather all the necessary data pertaining to the existing tenants such as the lease agreements, details of deposits, personnel information of the tenants, etc. Make sure that you have the estoppel certificates so that you know the terms of the existing rental agreements and that they have not been altered by any spoken agreements. These will also provide you with the exact details of any amount paid as a security deposit by any tenant.
• Get a property inspector to examine the property and report its true condition. This will help you to determine if all the building codes and statutes have properly been complied with.
• Make sure that the property complies with all the housing and zoning regulations so that you can avoid any problems later on.
• Ensure that all payments that are due to outside third parties have been made. If you have taken the responsibility to clear such payments, see to it that the details are clearly stated out in the purchase agreement.

Once you are officially the landlord of any rental premises; you should:

• Meet with your lessees on a personal basis as is convenient to them and make sure that all the data that you have gathered is accurate and look for any adjustments that need to be made. This helps in establishing better relations so that you need not get into any legal problems with your tenants.
• Review the rent structure and raise rents reasonably and in accordance with the tenant laws.
• Create a standard and fair rental agreement, with input from your tenants. These should also include methods for requesting maintenance that leaves a proper legal audit trail so that you, as a landlord, have a legal foundation in case of any disputes.

Responsibilities of a Landlord

Under the law, all landlords are required to provide to their tenants, facilities for adequate habitability of the premises. These include:

• Heating systems which give a minimum of 70 degrees Fahrenheit heating capacity for all rooms in an apartment.
• Smoke alarms in working condition and regular checks to see that they are functioning properly.
• Adequate plumbing and water supply systems.
• Proper waterproofing of the entire premises to avoid any leakages and seeping.
• Provision of at least one common telephone line at the premises.

Many times the landlords feel that the facilities provided have been damaged due to the fault of the tenants. In such cases the landlord should get the problem fixed and can then send a bill to the tenant for his share of the damages. If the tenant refuses to pay, a landlord can legally:

- Deduct the cost from the tenant’s security deposit.

- Evict the tenant if repeated requests fall on deaf ears.

- Establish a claim and file a lawsuit against the tenant.

Landlords do have legal rights to their property and against tenants who fail to adhere to the tenancy agreements and laws. But it is always better to try and sort out the problem amicably before turning to the law for help.

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