The landlord tenancy act or more correctly the Uniform Residential Landlord and Tenant Act (URLTA) is a document that defines the many rights and obligations of tenants and private landlords. The landlord tenancy act only applies to residential properties it does not govern the letting of commercial properties.
In article Two of the landlord tenancy act, there are several things that private landlords must comply with other than dealing with tenants. While this is by no means all of what is put forth by the URLTA, here are three things that private landlords must comply with.
One of the stipulations regarding the landlord tenancy act has to do with security deposits. A landlord cannot charge a security deposit that is more than one month’s rent. This means that if the rent is $550 a month, all security deposits, including any pet deposits cannot be more than $550.
Section B states that when tenancy is terminated, any security deposit can be applied to accrued rent or any damages, but any damages have to be itemized, with a written receipt. This written notice and any remainder of the security deposit must be returned within 14 days of the termination of tenancy.
Although the URLTA is the base for all state laws that apply to private landlords, each state has it’s own laws and requirements, so you need to check the relevant law for the state in which your property is located.
Part of the landlord tenancy act has to do with the landlord’s responsibilities for maintaining the rental property itself. The first thing is that the private landlord has to make sure that the property being let complies with all the housing and building codes that are applicable for their area that affect the safety and health of the tenant.
Private landlords are required to make any and all necessary repairs to keep the residence in a habitable and fit condition. Where there are multiple apartments in one building and the building is owned by the private landlord then the private landlord must make sure that any common areas, hallways, lobby, elevator or stairwell are maintained in a safe and clean condition.
The landlord is responsible for maintaining in good order, plumbing, electrical, heating and air conditioning, and anything else supplied by them. This also includes providing water supplies, and maintaining hot water, and any other things not supplied by the tenants.
The exception to this part of the landlord tenancy act is that the tenant may take on part of the private landlord’s responsibilities if it is in writing in the rental agreement, entered into in good faith and where the heating and or hot water supply is fully controlled by the tenant. The tenant would have their own agreement with the utility company.
In the landlord tenancy act it says that the private landlord, upon receipt of payment from the tenant, has to deliver the unit to the tenant in compliance with whatever is written in the rental agreement.
This means that when the rent is paid and the rental agreement signed a landlord cannot deny the tenant from occupying the residence. Failure to do so may result in the landlord having to forfeit the rent, any security deposits, as well as any other expenses incurred by the tenant while waiting for the unit to become available.
While this may seem to be a strict set of rules and regulations, the URLTA is set up to protect not just tenants but landlords too. Each state has its own detailed information and special rules and regulations for these acts.
While it seems very complicated, the reason it is so detailed is to make sure that all the different aspects of the landlord tenancy act is covered. A committee holds meetings on a regular basis to change and update the URLTA as needed.
A good private landlord complies with all of these rules and regulations anyway, but tenants need the protection of the landlord tenancy act in the cases where private landlords may not be doing what they’re supposed to.
The end result is that private landlords need to know which laws they should be in compliance with and what that compliance involves.
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