Landlord duty of care is a term used to depict the responsibilities of a landlord towards the property and towards the tenant.
The quintessential purpose of landlord duty of care is to ensure that a tenant doesn’t face any foreseen or unforeseen circumstances owing to no fault on his or her part. In other words, a landlord is supposed to do everything that is needed for the welfare of the tenant’s stay in the property.
Ensuring the Safety of the Property
At the very crux of the landlord duty of care lays the need to ensure that the property is safe and is habitable.
To achieve this, a landlord must be aware of the property’s condition, the problems that may exist or the fixes that need to be catered to.
Every property undergoes depreciation in regards to its infrastructure.
It is the landlord’s responsibility to ensure that there are no problems with the property that may cause tangible or intangible harm to the tenant and all those who would visit or stay at the property.
Performing a Property Inspection
A landlord is thus required to conduct property inspection at the time of letting it to a tenant and at the time of renewing the contract or when a new tenant comes in.
This property inspection process would highlight any problems in the property which the landlord must subsequently fix.
Dealing with Repairs
There is another aspect of landlord duty of care that deals with ongoing problems.
A property may suffer damages or may need some repairs during the time a tenant is staying in it.
The rental agreement must clearly state what kind of repairs or damages the landlord would take care of and what the tenant would be responsible for.
A landlord can simply adhere to the clauses in this regard.
If there is some problem for which a tenant is to be blamed, the landlord doesn’t have to share responsibility.
Dealing with Issues as They Arise
Another major element of landlord duty of care is to ensure that the setting of the property or the property itself doesn’t have any unapparent problems which the tenant must have been told about.
For instance, there may be asbestos or lead paint, there may be some rodent infestation or termite damage and there can be a number of different problems in a property that may not be obvious but be omnipresent nonetheless.
A tenant must be made aware of these or the landlord must get these fixed prior to letting a tenant in.
When it comes to having a tenant for the first time, it can be pretty daunting because you are going to be the corresponding landlord and a new relationship will emerge, which will need time to grow... More
The landlord and tenant laws in California are literally the same as they are in any other state. These laws, rules and regulations are put into practice because they uphold an order, a discipline,... More
People are aware that there are different rulings in each state with reference to the landlord/tenant laws. The state of Illinois also has a set of laws. These rules and regulations are basically... More
All landlords know that before they can formally become a landlord there are a lot of things they need to understand. Landlords and tenants cannot act as such without any legal bodies involved. That... More
When entering into an agreement with a potential tenant, a landlord needs to fully understand the contract that binds them into the specific relationship of being a landlord and a tenant. Now that the... More
If you’re currently considering the option of offering one of your properties for rental purposes, you should first educate yourself about the landlord tenant relationship. For the first timers, it’s... More
Landlords have many things to think of; they have to deal with legal issues, privacy issues, and so much more. Above all, they sometimes need to deal with a problem tenant. The interesting thing is... More
Most landlords may have some idea what an Estoppel Certificate is. However, many aspiring landlords are still unaware of what this certificate is all about. Basically, a tenant Estoppel Certificate is... More
Landlords have a lot of administrative work to do when they have tenants. It seems easy to let people come and live in your home, have them pay the monthly rent and carry out your daily activities.... More
There are a whole bunch of myths about lease agreements that most people believe that are simply not true: You can't rent a property without lease agreement – Actually there are laws in every state... More