Rights and Responsibilities of Landlords and Tenants

What are the legal responsibilities of my landlord? What legal responsibilities do I have as a tenant?

LANDLORD LEGAL RESPONSIBILITIES:

Property Condition Requirements

Your landlord is legally responsible for ensuring that your rental property is safe and livable. This includes the following:

  • Access to all parts of the property that you are leasing
  • Water
  • Hot water
  • Fixing leaks/floods
  • Heat
  • Fixing plumbing
  • Fixing radiator problems
  • Electricity
  • Exterminating mice/rats/bugs etc.
  • Addressing mold issues

Here is an extensive list of your landlord’s responsibilities.

Rent Receipts

Your landlord must provide you with a written receipt when rent is paid by cash, money order, cashier’s check, or in any form other than the personal check. The receipt must
state the payment date, the amount, the period for which the rent was paid, and the apartment number. The receipt must be signed by the person receiving the payment and state his or her title. After you request a receipt one time, your landlord must provide a receipt every month when you make a payment. Your landlord also must keep proof of cash rent receipts for 3 years.

Rent Increase Notices

If your landlord is increasing your rent by more than 5% they must give you a:

  • 90 day written notice if you have lived in your apartment for two or more years or if you have a two year written lease;
  • 60 day written notice if you have lived in your apartment for more than one year, but less than two years; and
  • 30 day written notice if you have lived in your apartment for less than one year, or have a lease for less than one year.

Security Deposit Return

Your landlord must return your security deposit within 14 days after your move out day. If your landlord makes any deductions to your security deposit they must provide you with an itemized list explaining the deductions.

TENANT LEGAL RESPONSIBILITIES:

Payment of Rent

You are responsible for paying rent when it is due. However your landlord is not allowed to charge a late fee for rent within 5 days of it being due. After the 5 days have passed and if you have not paid your rent, your landlord can charge you a late fee.

Property Damage

You are responsible for informing your landlord of damage on the rented property. If the damage is caused by you and is beyond normal wear and tear you may be responsible for paying for the repair.


Resources:
Tenants Rights Guide (PDF)