Landlord Responsibilities
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Your Lease or Rental Agreement
We often get asked the question of whether or not an oral lease agreement is a "real" lease. It is. However, having oral lease terms can leave many details unaddressed between the landlord and the tenant and it can lead to misunderstandings and disputes, as you might imagine.
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A rental agreement or lease should always be in writing. The document, no matter how long, should at a minimum contain information on the amount of rent due, the due date for rent, the date the lease expires, and the general rights and obligations of the parties such as how many individuals may live at the property, the allowance of pets, and who pays for basic utilities.
In addition to the basics mentioned above, a good rental document will also comply with both federal and state legal requirements. These may include passages on anti-discrimination laws, disclosures about the condition or age of the property, information on health and safety codes, statements concerning the payment and eventual return of a security deposit, and, importantly, provisions on termination of the agreement.
Landlord Duties and Rights
_Generally speaking, a landlord is required to provide a tenant with a
safe and habitable dwelling. Unfortunately, these terms are open to interpretation. In most situations, "habitable" means that
the property is protected from the elements (no missing windows or holes
in the roof), is free from hazardous situations (such as chemical
fumes), and that it has an adequate amount of heat and hot water.
A landlord is generally not required to continually make repairs to items damaged by the tenant, the tenant's family, or the tenant's guests. In other situations, a landlord is required to make repairs to maintain a level of safety or health. Examples may include replacing burnt out light bulbs in common areas, maintaining smoke or carbon monoxide detectors in common areas, dealing with insect and rodent populations and leaking water conditions.
A landlord may not be required to make repairs or maintain the property through snow removal from non-common areas (such as immediately around your car) or through aesthetic changes such as replacement of unattractive items.
A landlord may also be responsible for injuries sustained by tenants or their guests. Typically, this includes situations in which a landlord had control over the problem or unsafe condition that caused the injury, an accident was reasonably foreseeable, and fixing the problem or condition would not have been unreasonably expensive or difficult. Of course, it must be also proven that the presence of these factors led to the injury in question. most typically these situations arise when ice and snow runoff is concerned.
In situations where a tenant is not paying rent, where they are intentionally damaging property, or where they are engaging in illegal activity on or near a property, a landlord may have a right to terminate a lease or rental agreement and thereafter commence eviction proceedings if the tenant does not comply.
A landlord is generally not required to continually make repairs to items damaged by the tenant, the tenant's family, or the tenant's guests. In other situations, a landlord is required to make repairs to maintain a level of safety or health. Examples may include replacing burnt out light bulbs in common areas, maintaining smoke or carbon monoxide detectors in common areas, dealing with insect and rodent populations and leaking water conditions.
A landlord may not be required to make repairs or maintain the property through snow removal from non-common areas (such as immediately around your car) or through aesthetic changes such as replacement of unattractive items.
A landlord may also be responsible for injuries sustained by tenants or their guests. Typically, this includes situations in which a landlord had control over the problem or unsafe condition that caused the injury, an accident was reasonably foreseeable, and fixing the problem or condition would not have been unreasonably expensive or difficult. Of course, it must be also proven that the presence of these factors led to the injury in question. most typically these situations arise when ice and snow runoff is concerned.
In situations where a tenant is not paying rent, where they are intentionally damaging property, or where they are engaging in illegal activity on or near a property, a landlord may have a right to terminate a lease or rental agreement and thereafter commence eviction proceedings if the tenant does not comply.
Termination of a Lease or Rental Agreement
When, and whether, a rental relationship can be terminated depends in
large part upon the agreement between the landlord and tenant, the terms of the lease and whether an oral or month-to-month rental agreement is involved. A written lease can generally only be terminated at the end of its life or for a specific, and significant, violation on
the part of either the landlord or tenant.
A landlord is also entitled to legally terminate a lease and take steps to evict a holdover tenant, if a tenant fails to uphold their end of the agreement, such as by failing to pay rent, unlawfully subletting the property, or engaging illegal activities at the property.
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A landlord is also entitled to legally terminate a lease and take steps to evict a holdover tenant, if a tenant fails to uphold their end of the agreement, such as by failing to pay rent, unlawfully subletting the property, or engaging illegal activities at the property.
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513 Sarah Street, Stroudsburg, Pennsylvania 18360
(570) 421-1406 - Tel.
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