If you are looking to rent out your property, it becomes imperative to understand the responsibilities and duties involved in the task. Being a landlord requires an individual to wear many hats, and each one comes with its own set of responsibilities.
In the state of Georgia landlord-tenant relationship is defined on three primary grounds when it comes to the duties of a landlord- possession, habitable condition, and non-interference. And when it comes to tenants, payment of rent as per the lease, dealing no damage to the property, and not using the property for illegal use are some of the staples that tenants are supposed to stick by.
It is imperative for both parties to abide by the laws dictated by the state or locality in order to ensure a healthy arrangement. Now, let’s discuss these sets of responsibilities and duties in detail to understand the play better.
Responsibilities of the landlord
Apart from giving the tenant possession of the premises, there are several things that a landlord must take note of before renting out their property. A contract is required to be drawn up that entails every detail about the property, tenant, and landlord. It must include details about rent, time of the lease, information related to eviction, and any other agreement that is placed between a landlord and a tenant. In Georgia’s landlord tenant agreements, it requires the tenant to let the landlord know of how they will be making use of the property.
According to the general rules laid down in line with renting a property, a landlord must keep the property in a habitable condition and get it prepped up in time for the tenant to move in. In case there is some hidden defect that the tenant has taken note of post moving in, it is still the landlord’s responsibility to get it fixed. There is, however, one exception to this. If a tenant and landlord have an agreement that requires the tenant to take care of the maintenance or any additional repair, the landlord will not be responsible for the basic maintenance. Under warranty of habitability, a landlord is responsible to comply with all local and state health codes, maintain a weather-protected unit, provide necessities such as heating or cooling facilities, water facilities, and electricity, and ensure the structure of the home is free of pests and other health hazards.
To ensure the tenant’s safety, it is imperative for the landlord to make necessary arrangements such as putting up a security system including all basic locks, and lighting. It is also essential for landlords to run background checks on their prospective tenants and inform the neighbors in case they have any criminal cases against them.
Since the landlord provides the tenant with possession of the property, it is required for the landlord to not interfere in their tenants’ and people’s lives and matters. However, this operates in line with integrity. For instance, if various tenants are sharing a property, one of them is causing a disturbance in the house, affecting the other tenants. This is when a landlord can intervene and act as a mediator between the tenants.
Duties of Tenants
Duty to pay rent and restore possession
This aspect is two-fold as in the state of Georgia landlord-tenant, and both are to sign an agreement which entails everything that will be a part of what we generally refer to as rent. Apart from the amount that a landlord assigns per month, several charges can be included in the rent. For instance, a landlord requires the tenant to pay taxes and water bills as part of the rent. If the tenant pays the assigned amount for every month but fails to pay the water bill or taxes, they will be deferring from their duty to pay rent.
Upon the expiry of their lease, the tenant must re-transfer the possession of the building to the landlord and vacate the premises. Failure in doing so may result in a formal proceeding that may reflect on the criminal record of the tenant.
Alteration or damaging of the property
A tenant is only allowed to make modifications to the property that may help them make the best possible use of the space; they cannot make any structural changes to the property without a landlord’s consent. A tenant must abide by this as there can be significant consequences to damaging or altering a property that is not in your title.
Use of the property
A tenant will breach their obligations if they are using the property for any illegal means. If a landlord becomes aware of such a situation, they are in their right to evict the tenant and have a lawsuit filed against them. The usage of a property is well defined in the contract that is laid out for the lease. If a tenant uses a residential property for commercial or illegal means, it can seriously jeopardize them. They must also ensure that their actions are not harming the property structurally in any way. Tenants are, however, allowed to make minor alterations to help with their living conditions.
Another essential aspect that a tenant must take note of is that they are not allowed to erect any permanent structures in a leased property. If they wish to do so, they may consult with the landlord and communicate their needs. Based on the conversation, the landlord may decide whether or not they are comfortable in making permanent alterations.
Now that you are aware of all the factors that you need to take note of while renting your property, it can get overwhelming to think about managing all of this and the additional elements in renting a property.
If you are looking to eradicate your problems, you need to hire a competent property management firm like Taylor Made Property Management to help you out in the process.