Tenant Responsibilities Beyond Rent

When you move into a new rental property, you may have to sign a rental agreement. A lease agreement is a contract that spells out the rights and responsibilities of all parties. As the tenant, you have rights and obligations under state law and according to the lease terms.

Before signing a written lease, understand all your tenant responsibilities. If you don’t follow the lease terms, your landlord could take legal action and start the eviction process. Rental laws can vary by state and city. Talk to a local tenant’s rights lawyer to understand your legal rights and responsibilities. 

What Am I Responsible for in My Rental Unit?

The most basic terms of a rental agreement provide for the amount of the security deposit, monthly rent, and late fees. In exchange, you have the right to occupy the property for the tenancy period. However, you have other responsibilities beyond just the amount of rent.

Generally, renters are responsible for keeping the rental unit clean and safe. Renters cannot intentionally or negligently damage or destroy any part of the rental property or real estate. If the property needs repairs, the tenant has to report it to the landlord in a reasonable amount of time.

There are also landlord responsibilities. Landlords are responsible for making necessary repairs in a reasonable time. Property owners also have to make sure the property is in a habitable condition. Property management must also follow the Fair Housing Act, which prohibits discrimination in housing based on national origin, familial status, disability, or other protected classes.

If the landlord needs to enter the property, they must give you proper notice unless there is an emergency. If the landlord wants to evict you, they must follow the legal eviction process under state or local laws.

Do I Have To Notify My Landlord for Repairs?

In most states, tenants are responsible for notifying the landlord of significant repairs. Inside your rental unit, you may be responsible for essential basic maintenance, like changing lightbulbs. For major repairs, the landlord is generally responsible. This could include electrical issues, plumbing problems, or pest control.

Make repair requests with a written notice to prove that you reported the problem to the landlord. The time frame for repairs can depend on the seriousness of the problem and local housing codes.

What Is Normal Wear and Tear Versus Damage?

Before you move in, most landlords will require a security deposit. This one-time deposit covers any potential damages beyond normal wear and tear. The landlord uses the deposit to repair property damage and return any remaining amount to you after you move out. The deposit isn’t supposed to cover normal wear and tear.

It is not always clear what is normal wear and tear versus damage. Property damage is generally for damage caused by neglect or recklessness. For example, property damage may include:

• Large holes in the wall
• Stains on the carpet
• Pet damage to a screen door

Normal wear and tear is from a property’s regular and expected use. Even if a carpet eventually needs replacing, it could be due to normal wear and tear and not negligence by the renter. Examples of wear and tear may include:

• Small nail holes in the wall
• Loose grout in the tiles
• Faded carpet

Document the property when you move in and out to avoid problems with getting your security deposit back. Take photos and video of the property, including any existing damage. Report any significant repairs as soon as possible. Get a walk-through before you vacate so the landlord can identify any property damage.

Can My Landlord Deduct for Cleaning From My Security Deposit if the Unit Is Dirty?

The security deposit is for cleaning or repair beyond ordinary use. However, stains, trash left behind, or pet waste may go beyond normal wear and tear. You are responsible for keeping the property clean and sanitary. If you fail to keep it clean, the buildup of trash, water damage, smoke damage, and mold may be your responsibility.

Am I Responsible for Yard Maintenance or Snow Removal?

Yard maintenance and snow removal may depend on the type of property. If you rent a single-family home, your lease may require you to handle seasonal work like raking leaves and shoveling snow. A landlord may also make it an option to do the work yourself or charge additional fees for yard maintenance.

If you live in an apartment, the landlord is responsible for maintaining the common areas, including walkways, landscaping, and parking lots. Yard maintenance requirements should be included in the rental agreement.

Am I Responsible for Disposing of Trash and Recycling?

You are responsible for disposing of trash and avoiding a waste buildup that attracts pests. However, the property owner is responsible for ensuring adequate trash receptacles.

Your landlord is also generally responsible for ensuring the property and common areas are clean and free from garbage and rubbish. In most states, providing trash cans or a dumpster on the property to dispose of trash is an essential habitability requirement. Check to see what your rental agreement says about disposing of trash and recycling.

How Can a Lawyer Help With Landlord Disputes?

Some landlords are just impossible to get along with. They may have unreasonable expectations or don’t like you. Dealing with a problematic landlord is frustrating because you can’t avoid them. If you have a dispute with the property manager about your security deposit, lease agreement violations, or are facing eviction, talk to a lawyer.

A local tenant’s rights attorney understands the local landlord-tenant laws and can help protect your rights. Contact a local tenant’s rights attorney for legal advice about your rights and responsibilities.