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 Washington State, residential landlords are required to adhere to both state statutes and federal laws, including the Fair Housing Act, which prohibits discrimination during the rental application and leasing process. Landlords must ensure the rental property meets the implied warranty of habitability, which includes maintaining basic living and safety standards such as providing hot water, drinkable water, heat, electricity, gas, ventilation, smoke detectors, secure locks, and a working bathroom. They must also keep the property free from pests and comply with local building codes. Written lease agreements must be in accordance with state and federal regulations. Washington State has specific laws regarding security deposits, pet deposits, and fees, including the amounts that can be charged and the procedures for their return. Landlords must follow proper procedures for lease termination and eviction. They are also obligated to make certain disclosures to tenants, such as information about lead paint, mold, and the tenant's right to make repairs under certain conditions. Retaliation against tenants who exercise their legal rights is prohibited.