As a landlord, staying informed about the laws governing rental properties is essential for protecting your rights and maintaining positive resident relationships. One important piece of legislation is the Uniform Residential Landlord and Tenant Act (URLTA), which was created to provide a framework for states to regulate landlord-tenant relationships. While the act offers comprehensive guidelines, there are certain provisions that many landlords may not be aware of but should fully understand.
In this article, we’ll explore five key aspects of the URLTA that are often overlooked, including rules regarding property access, security deposits, abandoned belongings, holdovers, and the impact of accepting money during an eviction. Understanding these lesser-known elements of the law will help landlords navigate their responsibilities and avoid potential legal issues. Let’s dive in!
Article at a Glance:
To be a supportive and effective landlord, it’s important to understand the laws and regulations governing your rental property, and the URLTA is no exception. In this article, we’ll highlight five aspects of this act that are critical to understand yet not all landlords are aware of, including:
Permission to enter
Keeping a security deposit
Left behind property
Holdovers
Accepting money during an eviction
What Is the Uniform Residential Landlord and Resident Act?
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The Uniform Residential Landlord and Tenant Act (URLTA) is a model act that provides states with a framework for their landlord-tenant laws. URLTA was created in 1972 to protect the rights of both landlords and residents in the United States, however, each state can choose to adopt the law as a whole, in part, or not at all so the level of implementation varies from state to state. This act consists of six articles, each discussing issues common in landlord and resident relationships as set forth by rental agreements. The six articles of the URLTA are:
Article 1: General Provisions and Definitions
Article 2: Landlord Obligations
Article 3: Resident Obligations
Article 4: Remedies
Article 5: Retaliatory Conduct
Article 6: Effective Date and Repealer
It’s important to understand that specific provisions may differ depending on state implementation, so landlords should refer to local statutes.
5 Things You Didn’t Know
Of the six articles that make up the URLTA, five points are commonly overlooked but important to pay close attention to as a landlord. Let’s explore each one in more detail.
1. Permission to Enter
Most landlord-tenant laws, including the URLTA where it applies, typically require landlords to give prior notice before entering a rental property, except in emergencies. Residents do not automatically waive their right to notice just by submitting a maintenance request so it is important to communicate with your residents and give proper notice every time you plan to enter the property. While not a part of URLTA, coordinating with your residents and being mindful of their schedules when scheduling maintenance is an extra level of care that goes a long way in building trust.
2. Keeping a Security Deposit
If after returning your resident’s security deposit they fail to deposit it for 180 days, it is often considered “unclaimed property” and must be treated as such. The rules regarding unclaimed security deposit refunds vary by state and are not directly stipulated in the URLTA, but it does provide guidance on many deposit-related complexities and can provide general guidance on this topic. Many states have escheatment, or unclaimed property, laws, which require landlords to turn over unclaimed property (like security deposit refunds) to the state after a certain period, and landlords should research these laws in their area to understand what to do in their situation.
3. Left Behind Property
When a resident leaves personal property behind after moving out, the landlord must typically provide written notice, giving the resident a specific time period (usually between 10-30 days, depending on state law) to retrieve their belongings. During this period, the landlord is required to store the property and may charge reasonable storage fees. If the resident does not claim the property within the given timeframe, the landlord is allowed to dispose of it, either by discarding, donating, or selling it. Any proceeds from a sale can be used to cover storage costs, but the remaining balance may need to be returned to the resident or handled according to state law. Once the property is properly disposed of, the landlord is not liable for any loss or damage.
4. Holdovers
When a resident stays in a rental property past the lease expiration without the landlord’s consent, it is considered a "holdover" situation. In such cases, the landlord has two options: they can either accept the holdover and allow the resident to stay, potentially establishing a month-to-month tenancy, or they can refuse consent and pursue legal remedies, such as eviction, to reclaim the property.
If the landlord does not agree to the holdover, the URLTA allows them to recover damages. These can include actual damages incurred from the resident’s continued occupancy or up to three times the monthly rent for the time the resident overstays. However, local laws may vary, so landlords need to refer to state-specific regulations regarding holdover situations.
5. Accepting Money During an Eviction
The URLTA does not explicitly prohibit a landlord from accepting money from a resident during the eviction process, but it does imply potential consequences for doing so, depending on the circumstances. Generally, if a landlord accepts rent or partial payment from a resident after initiating eviction proceedings (for reasons like non-payment), it can be interpreted as the landlord waiving their right to proceed with the eviction.
By accepting payment, the landlord may be seen as reinstating the rental agreement, which could nullify the eviction process and force the landlord to start over. This is particularly relevant in cases of non-payment of rent. However, the specific effects of accepting payments during an eviction vary depending on state laws and local regulations.
URLTA Landlord Requirements
The URLTA also outlines the basic requirements that a landlord should follow in order to remain lawful, including:
Supply running water and reasonable amounts of hot water at all times
Provide and adequately maintain the garbage and other waste receptacles
Keep the following in safe working condition: electrical, sanitation, plumbing, heating, air conditioning, ventilation, and other facilities and appliances
Comply with building codes impacting health and safety
Make all repairs needed to keep the premises habitable
Keep all common areas clean and in a safe condition
URLTA Resident Requirements
Likewise, the URLTA clearly defines the recommended requirements of residents to maintain the landlord-tenant relationship lawfully, such as:
Not disturb their neighbors’ peaceful enjoyment of the premises
Reasonably use the following: electrical, sanitation, plumbing, heating, air conditioning, ventilation, and other facilities and appliances
Keep plumbing fixtures as clean as their condition permits
Properly dispose of garbage and waste from their dwelling
Keep the premises clean and safe
Comply with obligations primarily imposed upon residents by applicable building and housing codes
Consequences of URLTA
It is important for landlords to familiarize themselves with the URLTA, as it outlines the steps required before initiating an eviction. While state laws determine the specific grounds and procedures for terminating a lease, the URLTA establishes certain conditions that must be met. These include providing notice for the first violation of the lease, issuing an unconditional quit notice that gives the resident 14 days to vacate the property, and ensuring that the resident has committed a repeated violation within six months before pursuing eviction.
Final Thoughts: Understanding URLTA
Understanding the Uniform Residential Landlord and Tenant Act (URLTA) is crucial for landlords who want to stay compliant with the law and maintain successful rental property operations. While the act provides a helpful framework, certain provisions—such as rules about property access, security deposits, abandoned belongings, holdovers, and accepting money during evictions—are often overlooked. By familiarizing yourself with these key aspects, you can avoid common pitfalls and ensure you are adhering to both the letter and spirit of the law. Ultimately, being well-informed about the URLTA helps protect your rights as a landlord while fostering positive resident relationships.
If navigating the complexities of landlord-tenant laws feels overwhelming, you don’t have to do it alone. At Evernest, we specialize in staying up-to-date on all aspects of rental property management, including compliance with the URLTA and state-specific regulations. By partnering with Evernest, you’ll have a dedicated team that not only handles your property with care but also ensures that you are fully protected under the law. Let us take the burden off your shoulders so you can enjoy the rewards of property ownership with peace of mind.
Reach out to Evernest today to see how we can simplify your property management experience!
