"Landlord-Tenant Myths: Separating Fact from Fiction"
Debunking Common Landlord-Tenant Myths: A Guide for Property Managers
Managing rental properties can be challenging, especially when misinformation about landlord-tenant laws circulates. It's crucial for landlords and property managers to have a solid understanding of the rules to avoid unnecessary complications and potential legal issues. Below, we’ll address a few common myths and provide clarity based on guidelines from the U.S. Department of Housing and Urban Development (HUD) and the Pennsylvania Association of Realtors (PAR).
Myth 1: Denying Tenants with a Criminal Background Is Always Permissible
While landlords can deny rental applications based on criminal convictions, it's important to consider the details. HUD guidance from 2016 outlines that housing providers must assess factors like the nature of the crime, its severity, and the time since the conviction. Blanket policies that reject any applicant with a criminal history, regardless of the details, may violate fair housing rules. The screening process must be consistent and equally applied to all applicants.
Myth 2: Tenants with Assistance Animals Are Not Responsible for Their Animal's Behavior
Landlords often worry about tenants with assistance animals, but tenants can be held responsible for ensuring their animals do not create health or safety issues. For example, tenants must clean up after their animals and follow noise regulations. While landlords cannot charge extra pet fees for assistance animals, they can hold tenants responsible for any damage caused by the animals, just as they would for any tenant-caused damage.
Myth 3: Landlords Can Deduct Painting Costs from Security Deposits
This is not always true. Whether a landlord can deduct painting costs depends on whether the damage is beyond normal wear and tear. For instance, if a tenant has damaged the walls through negligence, the landlord may use the security deposit for repairs. However, if the need for painting is simply due to standard wear over time, this cannot legally be deducted from the security deposit.
Myth 4: Landlords Can Immediately Dispose of Abandoned Tenant Property
When tenants leave behind personal belongings, there is a legal process that landlords must follow under the Abandoned Personal Property Act. The timeline for handling tenant property varies depending on whether the tenant was evicted. If not evicted, landlords must first attempt to contact the tenant within 10 days. If the tenant intends to collect their belongings, the landlord must store them for up to 30 days before disposal. During this period, landlords can charge a storage fee, but they cannot immediately discard the items.
By debunking these myths, property managers and landlords can avoid costly mistakes and ensure compliance with the law. Always consult reliable resources like HUD guidance and PAR's resource page for further information on managing rental properties.
For more insights, check out PAR's resources or contact us at B&B Luxury Properties for guidance on managing your properties efficiently and legally.
