Landlord Duties in Property Management
Taking a house you own and converting it into a source of revenue is a dream for many. Whether it’s because you do not need the space anymore, you simply wish to move on but don’t want to let go of the property, or any other reason, renting can be a fantastic use of your property. Your house probably gave you years, even decades, of enjoyment and memories, and now it is time to let somebody else enjoy the peace and tranquility it once offered you.
However, as you well know, choosing to rent out your property puts additional burdens on your shoulders. If you are choosing to rent out the property, that means you are responsible for the maintenance of that property. Just as the tenant is responsible for keeping things clean and paying rent on time, you as the landlord are responsible for handling repairs, collecting rent, and otherwise managing the property. This article is meant to highlight the various duties that you have as a landlord when choosing to rent.
Provide a Habitable Home
The first duty of a landlord is the one that is most well-known – they must provide a habitable home for their tenant. This means that you have to maintain the property and respond to any complaints from the tenants pertaining to the living conditions. Such complaints can range from broken water heaters, to power failures, broken air conditioning, and more. You do not have to execute the repairs yourself of course, you can hire out a third-party contractor to handle repairs on your behalf, but you are responsible for the repair costs. You cannot pass these costs onto your tenant in the form of increased rent (unless you can legally prove the tenant caused the damage in violation of their lease agreement, but that happens, consult with a lawyer about options before eviction or demanding compensation).
Keeping the home habitable and well maintained is the responsibility of the landlord, and perhaps the most important. Not only are you legally bound to this, but also keeping the house in good order increases the chances that the tenant will renew their lease.
Give Notice When Inspecting Property and Respect Privacy
As landlord, you have the right to protect your property from harm or legal action through inspections. You can walk through the property, check for damages, evidence of illegal activity, and more. However, you are required to give notice when performing these inspections. You cannot just show up and demand to see what’s going on. Furthermore, when doing these inspections you must also respect the property of the tenant. Giving notice of inspection does not give you the right to rifle through the drawers of your tenant without permission.
Florida law requires you to give notice at least 12 hours in advance of an inspection before you or your representative can enter the property. Further terms should be laid out in the rental agreement. These terms include what hours you may enter for inspection (the law would frown upon demanding entry at 3am for a notice served at 3pm), and how frequently you can enter. Entering the property on a daily basis, even with notice, would be viewed as excessive unless ongoing work was being done.
Non-Retaliation Against a Tenant
It should go without saying, but when a tenant exercises their legal rights you have a duty to respond in a professional manner and not retaliate. Forms of retaliation can vary and include (but are not limited to) shutting off or intercepting utilities, raising rent, or refusing repairs. While it can be frustrating to deal with an unruly tenant who has taken legal action against you, it is your responsibility to be the professional in this case. You are not obligated to renew the lease at the end of the current lease’s term, but you are obligated to honor the terms of the existing lease regardless of your opinion of the tenant.
Related to this is your duty to be fair and impartial and to not discriminate. Non-discrimination of tenants is a central facet of both federal and Florida laws. You cannot retaliate, raise the rent on, or otherwise bar from entry a tenant based on race, gender, national origin, religion, and any other protected class.
Follow State Laws When Processing Eviction
You cannot just show up out of the blue one day and evict a tenant when it is convenient. Florida law offers certain protections to a tenant before you can commence eviction proceedings. For example: a tenant has three days to pay their rent before you can start the process. There are specific rules, policies, and procedures to follow in every eviction case and consulting with a lawyer would be prudent before eviction.
Failure to follow the law pertaining to evictions can lead to delays and high legal costs. This will drain your profit margins on that property as you are stuck waiting (sometimes without rent) for the home to be freed up for inspection and occupation by better tenants. Knowing and understanding the law and your obligations as a landlord is essential.
Ultimately, landlord duties when it comes to property management are many and varied. Understanding all of these responsibilities is too much for most people to handle. It often requires an understanding of the law, a lot of free time, and a willingness to make property management your full-time job. This is fine for some, but often renting out property is a way to make some side money after retiring. Property management agencies are available to take the burden of being the landlord off of the property owners and put it in the hands of experts who make property management their full-time job. These experts are well versed in marketing, law, and know where to find the best local contractors for repair work. This takes the burden of property management off your shoulders and places it in the hands of experts. As a result, you will be able to save time and avoid the hefty legal complications of renting out property.