Barsh & Cohen P.C. | Three common landlord-tenant questions
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Three common landlord-tenant questions

Three common landlord-tenant questions

10818249 - tenancy agreementIf you are a landlord, you may at times be bombarded on all sides from unexpected maintenance/repair issues or tenant questions at all times of the day and night. You’ve likely had your tenants sign a residential lease agreement that covers many common questions renters may have, such as the type and length of the lease agreement, the terms and conditions (what is and is not allowed) and the rights and duties of both the tenant and the landlord.

The landlord-tenant laws vary from one state to another. Even though you’ve covered all the basics with the residential lease agreement, it is still quite common for tenants to have questions. Perhaps there are some “gray areas” in the lease that are not fully understood.

Don’t be surprised if you are approached by tenants after they’ve signed the lease agreements about areas that they did not fully understand. Here are three common questions you may receive regarding a residential lease agreement.

#1 Does the landlord pay for all repairs/maintenance?

As a landlord, you are responsible for providing your tenant a “habitable” rental unit that is compliant with the safety codes of the local city and state. That does not mean you are responsible for damages to the unit caused by a tenant’s negligence. Many times, these repairs for negligence on the tenant’s part can be deducted from the security deposit collected.

#2 Does my security deposit cover a month’s rent?

This is a common misunderstanding on the part of tenants since the security deposit is likely to be the amount of “one month’s rent.” However, the purpose of a security deposit is not to cover a month’s rent, but rather to pay for any damages to the dwelling due to a tenant’s negligence.

#3 Is the landlord liable if a visitor is injured on the property?
While it may seem that a landlord would be liable in the case of a visitor to the premises being injured, this is not necessarily the case. While landlords have an obligation to maintain common areas and keep them safe, the landlord is only liable in cases where an injury is the direct result of a landlord’s negligence.

Do you have questions regarding a residential lease agreement or other real estate matter? Our attorneys are highly experienced and can provide legal advice and representation in all matters real estate. Contact us for a consultation.

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