The landlord-tenant relationship is not just governed by your communication skills but also by law. In order to protect the rights of both parties, state and federal governments have laid out certain regulations. Property managers must be not only aware of state regulations but also the major federal laws. Here we mention 5 laws all property managers must know like the back of their hand.
1. Anti-Discriminatory Laws
The Fair Housing Act is one of the two major federal laws that define regulations regarding the tenant acquiring process. It prohibits discrimination due to color, origin, race, gender, religion, disability, or familial status.
Property managers must take the law into account when drafting a listing and ensure they don’t add discriminatory terms and conditions, or they can be liable to a lawsuit. Even when screening potential tenants, you cannot take action or reject an application based on any of the factors mentioned above.
2. Lease Documentation
Drafting a lease and taking care of the documentation process falls under the landlord’s responsibilities. Because a property manager is playing pseudo landlord, the responsibility of drafting and writing a legal lease document with transparent terms and conditions falls upon the manager.
The manager must be well aware of state laws here as some states require that you include the security deposit details and other minute details in the legally binding lease agreement. The tenant’s name, the rent, and lease terms must be very clearly mentioned to avoid disagreement in the future.
As a practical matter, use a clear written lease covering the essential terms, required disclosures and any lawful insurance requirements or recommendations. Distinguish required lease terms from optional advice to tenants.
3. Providing a Safe Environment and Required Disclosures
Florida maintenance duties depend on applicable building, housing and health codes, the type of dwelling and lawful lease terms. Section 83.51 sets structural and plumbing duties and additional requirements for dwellings other than single-family homes or duplexes. Do not treat every appliance, cooling or pest-control obligation as identical for every rental. See Florida maintenance requirements.
Disclosure rules depend on the property and jurisdiction. For most pre-1978 housing, federal rules require disclosure of known lead-paint hazards, available records, an approved pamphlet and required lease language before signing. Verify other applicable Florida disclosures for the particular rental. See EPA lead disclosure requirements.
4. Repairs to the Property
Property managers can clearly outline repair responsibilities in the lease agreement. Doing so eliminates unnecessary arguments between the manager and the tenant. It is now the tenant’s legal right to request the manager or landlord to ask for certain repairs, and they have to respond timely.
5. Renter’s Right to Privacy
Florida Statutes §83.53 governs landlord access. For repairs, reasonable notice means at least 24 hours, and reasonable hours are 7:30 a.m. to 8 p.m. Entry for other purposes depends on the statutory conditions, including consent, emergencies and specified absences. Access may not be abused or used to harass a tenant. See Florida landlord-access law.
These are 5 laws all property managers must know. There are countless others that govern the tenant and landlord/property manager relationships. These laws exist to protect both parties’ rights and ensure the peaceful functioning of the rental industry.
