Landlords: Are You Breaking a Law without Knowing?

It’s essential that you are adhering to the landlord tenant code, and you might be breaking laws regarding your rental property and your tenants without realizing it. This blog addresses some of the common ways that laws are broken when managing your own rental property. The most important thing to remember is to be familiar with the landlord tenant code and refer to it when in doubt.

Security Deposits, Leases, Lead-Based Paint

  • You could be asking too much money for the security deposit.
    • You can charge one month’s rent maximum for the security deposit, unless there is a pet. Read our blog about security deposits here.
  • You cannot accept the entire cost for the duration of the lease term in the first month. Prospective tenants may offer a year’s worth of rent at once to set themselves apart or just for the convenience, but this goes against the landlord tenant code.
  • You cannot tell a tenant they need to leave at any random time. The notice needs to be provided with sufficient time according to the lease agreement.
  • If your home is older than 1979, you are required to disclose that the home may have lead-based paint and provide a pamphlet on lead to tenants.

Animals

  • You cannot categorically ban all animals from your rental properties. You can choose to not have pets, but you must allow service and support animals if tenants provide proper documentation for these animals.
  • These animals are federally protected, and tenants or prospective tenants can take action under the Department of Housing and Urban Development protections. Read our blog about pets, service animals, and support animals here.

Fair Housing

  • You can’t discriminate against who you rent to. This includes people with children, national origin, race, color, religion, disability, sex, familial status plus any state-specific groups. And remember that these are continually updated and expanded.

These are just a few of the things to look out for. There are many rules and regulations you must follow as a landlord, and they are changed often. Property managers take courses and consult attorneys to ensure they are adhering to the laws. If you would prefer to have your property professionally managed, contact Doug Davis for more information about our services (808) 596-4883 or email dougdavis@caronb.com

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