Landlords have three main responsibilities: delivering the premises to the tenant before the lease begins, allowing the tenant to enjoy their home without interference, and ensuring that the residence is habitable. Failure to meet these responsibilities can result in remedies such as withholding rent or statutory damages.
From the moment a landlord settles with a tenant, there are certain responsibilities that he has to take on. While they vary widely from jurisdiction to jurisdiction, typical landlord duties are encapsulated in three main concepts. First and most obvious of the landlord’s responsibilities: The landlord must hand over the premises in full to the tenant before the lease begins. The landlord must also allow the tenant to enjoy their home without interference, the so-called right to “quiet enjoyment”. Finally, the owner must continuously ensure that the residence is a suitable place to live.
The landlord must ensure that the premises are delivered to the tenant in a timely manner with the terms of the lease. This means that, in essence, there must be no impediment to the new tenant residing in the dwelling at the time the lease begins. Typically, this isn’t a problem unless there is a tenant who refuses to move out. In most jurisdictions, it is the landlord’s responsibility to evict the remaining tenant to make room for the new tenant.
The tenant’s right to peaceful enjoyment includes the second group of responsibilities of the landlord. This means that the landlord cannot interfere with the tenant’s reasonable use of the property through direct interference or lack of maintenance causing the inability to enjoy the premises. For example, in a cold climate, leaving the heat in a bad state may be considered a violation of the tenant’s right to quiet enjoyment. It is the lessor’s duty to remedy such conditions as they come to his attention.
The implied guarantee of habitability may be the most important of the landlord’s responsibilities as it reflects the safety of the premises for the tenant and their guests. The implied guarantee of habitability places the burden on the lessor of ensuring that the residence is fit to be a home. This means the residence must meet all local building codes and be considered structurally sound. In addition, the owner must arrange for regular maintenance of broken fixtures and all necessary utilities, such as plumbing.
Remedies for a breach of these landlord responsibilities vary by location, but there are some commonalities across jurisdictions. If the landlord’s responsibilities aren’t met, the tenant can usually pay maintenance on their own and withhold rent to cover costs. Additionally, many jurisdictions provide statutory damages, often three times the cost of the rent, for violations of the guarantee of habitability or quiet enjoyment of the premises.
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