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 West Virginia (WV), residential landlords are required to adhere to both state statutes and federal laws regarding the rental process. They must comply with the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability in the rental application and leasing processes. Landlords are also obligated to 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. Repairs must be made to uphold these standards even if the lease does not explicitly require it. WV landlords must provide a written lease that complies with all relevant laws, manage security and pet deposits in accordance with state regulations, and follow proper procedures for lease termination and eviction. They are also responsible for making legally required disclosures to tenants, such as those related to lead paint or the tenant's right to make repairs under certain conditions. Additionally, landlords in WV cannot retaliate against tenants for exercising their legal rights, such as reporting unsafe living conditions.