Common Legal Issues Faced by Landlords
As a landlord, managing a rental property comes with its fair share of challenges and legal obligations. However, there's no need to let these responsibilities become overwhelming, especially if you have multiple properties to manage. Seeking assistance from us here at Collier Property Management will help streamline your management practices and ensure all legal requirements are met. We want to set you and your property up for success.
One of the most common legal issues Arkansas landlords face is eviction procedures. Although eviction is a last resort, it may be necessary if the tenant fails to pay rent, is causing damage to the property, or violates the lease agreement. In Arkansas, the landlord must provide the tenant with a written notice of eviction that covers the timeline and the reason behind the notice. To handle evictions properly, we are fully aware of Arkansas's eviction laws. We also keep tenants' rental payments or evidence of damage on file to support an eviction in court.
Fair housing laws are essential to understand when properly managing a property. Landlords are prohibited from discriminating against tenants based on race, religion, national origin, gender, and disability status. As a landlord, you are required to make reasonable accommodations for tenants with disabilities. For example, allowing service animals or physically modifying the unit to accommodate the disability. Management companies know all federal and state fair housing laws, which will help you avoid unintentionally engaging in discriminatory practices. This also includes advertising and renting practices.
Security deposits are another area where landlords need to be careful. Arkansas law allows landlords to collect a security deposit from tenants, but the amount cannot exceed two months' rent. You must also provide your tenants with a written statement detailing the terms and conditions for the deposit. This statement should include the amount of the deposit, how it will be used, and the circumstances under which it will be refunded. At Collier Property Management, we have systems in place to organize every security deposit agreement and deduct any damages that have potentially occurred. Utilizing our systems makes it easy to manage lease termination dates since Arkansas requires a refund of a tenant's deposit within 60 days of the lease termination date. We will protect your property by keeping your records up-to-date and accurate regarding when the deposit was collected, the amount, and any deductions from the initial amount.
You are legally obligated to maintain your property and provide tenants with a safe, habitable living environment. Maintenance responsibilities include addressing safety hazards like mold and carbon monoxide or repairing leaky roofs, broken windows, or malfunctioning HVAC units. Failure to do so can result in legal action by tenants. CPM has vetted maintenance vendors to ensure repairs are handled quickly at a reasonable price. The tenant is also responsible for keeping the property clean and sanitary. Taking the trash out, communicating maintenance issues, and avoiding causing damage to the property are examples of their responsibilities.
Being a landlord is fun but also comes with great responsibility. If you manage multiple properties, the weight of legal obligations can add up, and become difficult to stay organized. Collier Property Management or your local property management company can help organize your properties and ensure all laws and obligations are appropriately followed while also maintaining a positive relationship with your tenants.
