Flower bed with plants and shovel

From pest control to appliance repair, the responsibilities of a landlord can vary depending on where you live and what is outlined in your lease agreement. As either a tenant or landlord, you need to understand a) where to find who’s responsible for what, and b) what to do when the answer isn’t immediately clear.

I’ll answer some frequently asked questions about what landlords are responsible for as a small-time private landlord myself. Please note that I am not a lawyer and this is not legal advice. If you have serious legal questions, you should consult a licensed attorney in your state.

Live and Die by the Lease

Your lease is your golden handbook – it’s the first place you should consult if you have questions regarding responsibility in your specific situation. In fact, you should look there before searching online.

Irrespective of whether you’re a tenant or landlord, your lease answers many common questions listed below. If you don’t have a lease, or you’re looking for your next place to live, make sure you get one. Seriously, you’re setting yourself up for trouble without it, because it provides legal protections and definitions for both parties.

Every City and State is Different

Some states have more general rules that offer a fundamental framework for the landlord-tenant relationship, while other jurisdictions have more specific landlord-tenant statutes that cover a wide range of topics.

For responsibilities that aren’t explicitly outlined in your lease, you’ll need to check your specific city and state laws. Being from Texas, our laws are very different from metros on the West and East Coast.

FAQs

Let’s go through some general FAQs regarding what landlords are responsible for. As I said earlier, I’ll also offer my own thoughts on some of these as well – keep in mind my perspective is from Texas.

1. Are Landlords Responsible for Pest Control?

In Texas, while routine pest control is not required of a landlord, maintaining a habitable living space is, which is the norm in most states. That means in the event of an infestation that materially affects the livability of a property, the landlord will have to deal with it.

There’s some gray area here though, because tenants sometimes cause this due to uncleanliness or negligence that attracts pests in the first place. If you’re a messy tenant with excessive trash and you get a bug infestation, don’t be surprised if your landlord argues with you over responsibility.

As a landlord, I choose to have routine pest control at all of my properties. I find it’s a small price to pay to prevent bigger issues down the road. The reality is that if you won’t pay for preventative spraying, the tenant definitely won’t, either. Take pride in your property!

2. Are Landlords Responsible for Lawn Care?

Similarly to the above question, it’s not usually required and is almost always outlined in the lease. But, as a landlord in states with regular snowfall, you should probably still take responsibility for it. Don’t leave it to the tenants unless you’re okay with the yard turning into a jungle.

When I was a tenant in college, being responsible for the lawn meant that I never really bothered with it. Why should I expect my own tenants to care? And that’s exactly the point – I don’t.

3. Are Landlords Responsible for Snow Removal?

Look, I’ll be honest with you, being from Texas, I never have to deal with this one. But the general gist is as a landlord, it’s in your best interest because you’re one injury away from big liability.

Even if you try to have your tenants do it to save a few bucks, understand that you’re the one that’s potentially on the hook if something happens!

4. Are Landlords Responsible for HVAC?

In Texas, this is a big one since it gets hot. The answer is yes because a broken AC leading to 90-degree temps inside definitely does adversely affect livability!

5. Are Landlords Responsible for Batteries in Smoke Detectors?

In the majority of states, it’s the landlord’s responsibility to make sure that smoke detectors are installed and working correctly. However, it’s also the duty of tenants to inspect the smoke detectors on a regular basis and alert the landlord of any problems.

Realistically, it’s in the landlord’s best interest to keep smoke detectors with fresh batteries. With that said, when they start chirping in the middle of the night, tenants will likely replace the batteries on their own before they go insane!

6. Are Landlords Responsible for Light Bulbs?

Generally, this one falls in the tenant’s court, unless explicitly stated as the landlord’s responsibility in the lease. Asking your landlord to change lightbulbs anyway will probably drive them nuts, so don’t do it without a very good reason, unless you want to sour your relationship with them.

7. Are Landlords Responsible for Appliances?

This one varies greatly between states. I provide them because requiring tenants to bring their own appliances unnecessarily weeds out good potential tenants from living there. Appliances are generally maintained by whoever provided them.

8. Are Landlords Responsible for Electrical Problems?

From a liability standpoint, a landlord is usually best off dealing with these as they become aware of them. An electrical issue can turn into a much bigger problem in the event of a fire. Tenants do have responsibility for reporting these issues, though.

9. Are Landlords Responsible for Mold?

Just like I mentioned earlier, mold adversely affects the health and livability of anyone dwelling in a property. Landlords have to deal with this one!

10. Are Landlords Responsible for Nuisance Tenants?

In situations where a tenant is driving their neighbors nuts, there’s unfortunately not much a landlord can do. In states that favor landlord/property rights, you can always try talking to the landlord and see if they’re willing to work with you, likely because they’ve had their own problems with this tenant, too.

In states with strong tenant rights along the West and East Coast, a landlord is effectively handcuffed from removing your obnoxious neighbors. The exception is if a problem tenant is performing illegal activity on or inside the property – it’s still a long and expensive process to evict these troublemakers and generally requires concrete evidence as well.

Answer Still Unclear?

At this point, if you’ve consulted the lease, your local state laws, and even the internet, and still aren’t sure what the correct answer is, consider consulting an attorney in your state on the matter.

You might also connect with local housing organizations that can give you an answer – whether it’s tenant’s rights or landlord advocacy, these organizations usually have a strong grasp of responsibilities in your city and state.

Concluding Thoughts

Comprehend your obligations for maintaining a rental home, whether you’re the landlord or the tenant. Make the most of your rental situation and educate yourself about your lease and the laws and regulations of your state, along with being proactive in addressing maintenance issues – just trust me!

One last point - if you're in the Austin or Central Texas area and your tenants are driving you nuts, we are as-is cash buyers that can help - reach out to us today.