Laws vary from state to state, and many of a residential landlord’s responsibilities are included in a state's statutes. There are also federal laws prohibiting discrimination in the rental application and leasing process (fair housing laws under the federal Fair Housing Act). A landlord may have additional legal responsibilities based on the terms of the residential lease agreement and any relevant city codes or ordinances.
Although laws vary from state to state, a residential landlord generally has the following responsibilities to tenants and potential tenants:
• Comply with state and federal fair housing laws that prohibit discrimination in the rental application and leasing processes.
• Comply with the implied warranty of habitability by maintaining the leased premises in a livable condition of basic living and safety standards—including hot water, drinkable (potable) water, heat, electricity, gas, ventilation, smoke detectors, locks, working bathroom and toilet, removal of insects and rodents, compliance with local building codes. The implied warranty of habitability may require a landlord to make repairs and provide basic living conditions even if the lease agreement does not obligate the landlord to make repairs.
• Prepare a written lease or rental agreement that complies with state and federal laws.
• Comply with state laws regarding the availability and maximum amounts of security deposits, pet deposits, pet fees, and pet rent—and comply with timelines and procedures for the return of security deposits and pet deposits.
• Comply with state laws regarding grounds, notices, and procedures for terminating a lease or evicting a tenant.
• Make disclosures to tenants required by state and federal law, such as the tenant’s right to make repairs if the landlord fails to do so within a reasonable time and any disclosures related to lead paint, mold, special taxing districts, transportation projects that may affect the property, if the property is part of a common interest community, and any other disclosures required by law.
• Don’t retaliate against a tenant who exercises a legal right, such as complaining about an unsafe living condition on the property.
In North Carolina, residential landlords are required to adhere to both state statutes and federal laws regarding their responsibilities to tenants. They must comply with the federal Fair Housing Act, which prohibits discrimination in the rental application and leasing process based on race, color, national origin, religion, sex, familial status, or disability. Landlords are also obligated to maintain the property according to the implied warranty of habitability, ensuring that basic living and safety standards are met, which includes providing essential services such as hot water, heat, and electricity, and maintaining the structural integrity of the property. North Carolina law requires landlords to provide a written lease or rental agreement that is in compliance with all relevant laws. They must follow state-specific regulations concerning security deposits, including the amounts that can be charged and the timeline for returning them after a tenant moves out. Additionally, landlords must adhere to the proper procedures for terminating leases and evicting tenants, which includes providing appropriate notices and following legal grounds for eviction. Landlords are also responsible for making legally required disclosures to tenants, such as information about lead paint and the tenant's right to make repairs under certain conditions. Retaliation against tenants who exercise their legal rights, such as reporting unsafe living conditions, is prohibited.
