Understanding Rental Roles and Responsibilities: A Guide for Tenants and Landlords

A stress-free rental experience depends on one thing: the roles of the persons involved. A landlord or tenant needs to know who is responsible for what – from repairs to monthly payments.

Read this guide to clarify the landlord vs. the property manager's different functions, including best practices of both landlords and tenants for a successful and legally compliant relationship from move-in to move-out.

Property Manager vs Landlord: Who Does What?

Knowing the pros and cons of property manager vs landlord roles is key for successful rental property ownership. Below are some examples of the normal responsibilities of each position.

The Landlord's Core Responsibilities

The landlord, as the property owner, is responsible for making the ultimate decisions concerning the property and has the legal responsibility to ensure that the tenant lives in a "safe" and "habitable" environment. The major responsibilities of a landlord include:

- Rent/Policies: Set the rent, set the amount of the security deposit, and establish the "house" rules.
- Finances: Pay the mortgage on the property, pay the annual real estate taxes on the property, and pay for insurance.
- Decisions: Final approval of all repairs costing over a certain dollar amount; final approval of all improvements to the property; and, when necessary, hire a property manager.

The Property Manager's Operational Duties

A Property Manager serves as an on-site representative for a landlord. The Property Manager is compensated by the landlord for their day-to-day operational responsibilities that are typically associated with managing a rental property.

These can include:
- Advertising/Screening Tenants: Advertising the landlord's property, showing the property to prospective renters, and thoroughly screening applicants through both background and credit checks.
- Collecting Rent & Financial Reporting: Collecting rent, taking action when there are delinquent payments, and preparing regular financial reports for the landlord.
- Repairs/Maintenance: Coordinating all repair work (including renovation to make the property a family-friendly haven) and scheduling routine maintenance services through a network of preferred contractors.
- Communicating with Tenants: Acting as the main point of contact for tenant inquiries, complaints, and maintenance needs.

Knowing the pros and cons of property manager vs landlord roles is essential for successful rental property ownership. As a tenant, it’s important to know which party you are to communicate with when necessary.

Best Practices for a Smooth Rental Experience

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A successful tenancy is the result of a partnership created and sustained through sound communication and mutual respect among all parties concerned. By following these suggested best practices, landlords and tenants will create a more positive, low-stress environment to the benefit of all concerned.

For Landlords & Property Managers:

Clearly define expectations from day one with a fully detailed lease agreement that outlines specific expectations and guidelines for all aspects of the tenancy (e.g., when rent is due, who is responsible for what type of maintenance, guest policy, pet policy). There should be little or no ambiguity in a written agreement. Respond quickly to maintenance requests and clearly communicate with your tenants. Quickly responding to a leak. For example, you can turn a small issue into a larger, costly repair and demonstrate to the tenant that you value the health and safety of both them and your investment.

Always give a tenant at least 24 – 48 hours prior to an entry into the rental unit for non-emergency reasons, as required by Georgia law.

For Tenants:
- Express Yourself Clearly & In Writing: Anytime there's an issue or a maintenance problem, inform your landlord or property manager of it immediately & document it in writing; this provides documentation to each party about the issue.
- Take Care of The Rental Property as You Would Your Own: Regularly clean the rental property and address small problems quickly before they turn into larger problems. This will protect your deposit when you move out & help to build trust between you & your landlord.
- Know Your Responsibilities Under the Lease: The lease is a legally binding contract. Pay your rent on time. Know what is allowed under your lease in terms of subleasing and extended guest stays. Fulfill your responsibilities as a tenant.

These guidelines will allow landlords and tenants to develop a professional relationship in which the landlord protects their investment and the tenant enjoys the benefits of a secure, well-maintained home.

Notifying Landlord of a Move Out: Tips for Tenants

Issuing an appropriate move-out notice is an important part of protecting your rights and helping to secure your refund on your security deposit. A well-documented move-out notice process will help ensure a smoother transition for you, the tenant, and your landlord.

1. Know Your Lease Terms and Legal Requirements:
Review your lease agreement to determine the required move-out time period (the amount of time prior to the end of your lease that you will have to give your landlord to vacate).

Most residential leases require at least 30 days' written notice to terminate the tenancy in Georgia. The clock on the notice period begins the moment the landlord receives your written notice to vacate, NOT when you mail it.

2. Provide a Formal, Written Notice:
Verbal notice is insufficient under the law; you MUST use a written document (letter or e-mail) to formally advise your landlord of your intention to vacate. When notifying the landlord of a move-out, be sure to include your intended move-out date and forwarding address. This is so your landlord knows how to return your security deposit.

3. Schedule a Move-Out Walk-Through:
If you can arrange an inspection of the property before you move out with your landlord or property manager it will allow you to identify any potential deductions that may be made (i.e., where holes from nails have been left unpatched or there is heavy dirt/dust) so that you can clean the areas before moving and therefore avoid being charged for these things after you leave the property.

4. Leave the Property in "Broom-Clean" Condition:
To get back as much of your security deposit as possible, make sure the property is left in the same condition as when you first rented it (except for normal wear & tear). To accomplish this, you should thoroughly clean the property, remove all your personal items, and address any minor issues caused by your use of the property.

Conclusion

The key to the landlord-tenant relationship is developing a clear understanding of both parties' roles and responsibilities.

By knowing the respective responsibilities of landlords and property managers, following established practices concerning optimal communication and repair, and following established (and formal) procedures for things like serving legal notice of vacating, the two can establish a respectful and legally sound working relationship.

This understanding helps avoid conflict and promotes smooth sailing, resulting in a positive relationship from the first day of the lease to the last.

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