Property management has many responsibilities, including protecting your tenants’ rights. As a property manager, you must maintain the property and know tenant rights laws. These laws are in place to protect the rights and well-being of tenants, and property managers must understand them to avoid any legal issues.
If you fail to follow these laws, you can face a costly lawsuit and damage your reputation as a property manager. Bell Management discusses the key tenant’s rights laws that every property manager should know to effectively and ethically manage their properties.
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Understanding the Fair Housing Act (FHA)
The Fair Housing Act (FHA) is a critical piece of legislation that every property manager must thoroughly understand. Enacted in 1968, the FHA prohibits discrimination by landlords, property managers, and real estate companies based on:
- Race
- Color
- Religion
- Sex
- Familial status
- National origin
- Disability
Property managers must treat all potential and current tenants equally when leasing or selling a property. Any actions that discriminate against protected classes are strictly prohibited under the Fair Housing Act (FHA). This includes:
- Advertising that indicates a preference based on the above-protected classes
- Refusing to rent
- Setting different terms or conditions
- Falsely denying that a property is available.
The FHA also requires property managers to make reasonable accommodations for tenants with disabilities. This might include allowing service animals in a no-pet building or modifying units or common areas.
The Importance of Habitable Living Conditions
Ensuring habitable living conditions is not just a matter of ethics; it’s a legal requirement for property managers. The concept of “warranty of habitability,” found in most states’ laws, mandates that rental properties must always be safe and livable.
This includes:
- Maintaining structural integrity
- Providing running water
- Providing heat
- Ensuring the property is free from pests.
It’s the responsibility of the property manager to address and rectify any issues that compromise these standards promptly. Regular inspections and a proactive maintenance schedule are critical strategies in upholding these standards.
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Security Deposit Regulations to Remember
Security deposit laws are a crucial aspect of tenant rights that every property manager must be familiar with. These regulations vary by state, but generally, they govern the amount a landlord can charge for a security deposit, how long a landlord has to return the deposit after a tenant moves out, and the conditions under which portions of the deposit can be kept.
Typically, a landlord may only withhold funds from a security deposit for unpaid rent, damaged property, or other breaches of the lease agreement. Property managers must provide an itemized list of any deductions made from the security deposit, including receipts for repairs, within a specific timeframe as dictated by state law.
The Right to Privacy and Notice of Entry
Tenants have a fundamental right to privacy in their rental units, which property managers must respect. This right is protected under most state laws, which stipulate that landlords or property managers can only enter a tenant’s dwelling if they give proper notice, except in emergencies.
The required notice period varies by state but typically ranges from 24 to 48 hours. This notice must be provided before entering for reasons such as inspections, repairs, or showing the property to prospective tenants or buyers. The law also typically outlines acceptable times of day for such entries, ensuring they occur at reasonable times that minimize disruption to the tenant’s life.
Eviction Procedures and Tenants’ Rights
Navigating eviction procedures requires a keen understanding of tenants’ rights to ensure the process is conducted lawfully and fairly. Every state has specific laws that outline the legal grounds for eviction, such as non-payment of rent, violation of lease terms, or illegal activities conducted on the premises.
Property managers must adhere strictly to these laws, starting with providing a formal notice to the tenant. This notice typically specifies the reason for the eviction and offers a defined period for the tenant to take care of the issue or leave the premises. If the tenant does not comply within the given timeframe, property managers can then proceed with filing an eviction lawsuit.
Property Management in Missouri
Bell Management is the premier property management company in Joplin, Missouri. We serve Southwest Missouri, Southeast Kansas, and Oklahoma. If you are interested in Bell Management for your rental properties, contact us online or call 417-624-4144.
