Landlord: Duties, Responsibilities, and Rights

Key takeaways
* A landlord owns real estate and leases it to tenants in exchange for rent.
* Landlords can rent residential or commercial property and are bound to tenants by a lease agreement.
* Common landlord responsibilities include property maintenance, compliance with building and health codes, and proper handling of security deposits.
* Landlord activities generate income and potential appreciation but carry legal, financial, and management risks.
* Landlords must follow anti-discrimination laws, give appropriate notice before entry or rent increases, and use lawful eviction procedures.

What is a landlord?
A landlord is a person or entity that owns property and rents it to others. Landlords can be individuals, companies, or government agencies. Rental terms and mutual obligations are typically set out in a lease, a legally binding contract that specifies rent, lease duration, and rules for both parties.

What landlords do
Landlords acquire and manage properties to produce rental income and potential capital appreciation. Typical landlord activities include:
* Advertising and leasing units
* Collecting rent and managing late fees
* Performing or arranging maintenance and repairs
* Enforcing lease terms and handling tenant relations
* Managing security deposits and move-in/move-out inspections

Types of landlords and properties
* Individual investors: Own one or several properties (single-family homes, condos, small apartment buildings).
* Professional landlords/corporations: Operate at scale, often managing multiple residential or commercial buildings.
* Public or nonprofit landlords: Municipal or housing agencies that provide subsidized or income-based housing.
Properties may include single-family homes, multi-family dwellings, condominiums, vacation rentals, land, and commercial spaces.

Absentee landlords
Absentee landlords do not live near their rental properties. Risks include delayed response to maintenance, tenant neglect, vacancy issues, and potential for illegal occupancy or squatting if properties are not monitored.

Landlord rights
Common landlord rights (subject to local law and lease terms) include:
* Collecting rent and stipulated late fees
* Enforcing lease provisions
* Initiating eviction for nonpayment or lease violations through legal process
* Recovering unpaid rent and allowable legal costs through court action

Landlord responsibilities
Core responsibilities generally include:
* Maintaining habitable premises (working plumbing, heat, electricity, and compliance with building and health codes)
* Performing timely repairs
* Delivering premises clean and vacant at move-in
* Properly handling and accounting for security deposits according to state law
* Complying with safety regulations (smoke detectors, secure locks, etc.)

Security deposits
Security deposits may be charged to cover unpaid rent or property damage but remain subject to statutory rules. Laws vary widely on permissible amounts, deadlines for return, interest requirements, and allowable deductions.

Advantages and disadvantages of being a landlord
Advantages
* Regular income stream from rent
* Potential tax deductions for operating expenses and mortgage interest
* Long-term property appreciation and equity build-up

Disadvantages
* Ongoing management and maintenance responsibilities
* Unexpected expenses (repairs, vacancies, legal costs)
* Tax consequences on sale (capital gains) unless a qualifying 1031 exchange is used
* Regulatory and liability risks

Note on 1031 exchanges: To defer capital gains tax when selling an investment property, the replacement property generally must be identified within 45 days and the exchange completed within 180 days.

Limits on a landlord’s rights
Landlords must follow federal, state, and local laws. Key prohibitions include:
* Discrimination: The Fair Housing Act and related laws prohibit denying housing based on race, color, national origin, religion, sex (including sexual orientation and gender identity in many jurisdictions), familial status, or disability.
* Unlawful entry: Except in emergencies, landlords must provide proper notice (often at least 24 hours under many statutes) before entering a tenant’s unit.
* Improper eviction: Evictions must follow statutory procedures; self-help evictions (changing locks, removing belongings) are typically illegal.
* Rent increases without notice: Rent increases require advance notice and may be limited by local rent-control laws. For example, Oregon implemented statewide rent control limiting annual increases in many cases.

Common questions (general guidance)
How much notice to end tenancy?
* For month-to-month tenancies, most states require around 30 days’ notice to terminate, though exact periods vary.

How long to make repairs?
* Timeframes differ by jurisdiction. Landlords are generally expected to address emergency repairs (no heat, no running water) promptly—often within 3–7 days—and noncritical repairs within a longer period (commonly up to 30 days), depending on local law.

How can a tenant report landlord negligence?
* Tenants should first notify the landlord in writing. If unaddressed, complaints can be filed with local health or building departments, housing authorities, or state agencies; HUD handles federal housing discrimination complaints.

How much can a landlord raise rent?
* Rent increases depend on lease terms and local law. In areas without rent control, increases are constrained by notice requirements and market factors; in rent-controlled jurisdictions, statutory caps apply.

Bottom line
Being a landlord offers income and investment opportunities but requires active management, legal compliance, and readiness for unexpected costs. Lease agreements should clearly define tenant and landlord duties. Both parties should be familiar with local landlord-tenant laws to protect their rights and meet obligations.