What Makes a Rental Uninhabitable? A Guide for Landlords
Landlords and Atlanta property services are responsible for keeping rental properties safe and habitable. This includes ensuring the property meets local building codes and health and safety regulations. If a rental becomes uninhabitable, landlords must take action to address the issues and bring it back to a habitable state. Today, we’re going over what makes a rental uninhabitable, issues affecting habitability, and steps for landlords to ensure a safe and compliant rental property,
Contents of This Article:
- What Does “Uninhabitable” Mean?
- What Makes a Rental Uninhabitable?
- Practical Steps for Landlords to Ensure Habitability
- Ensure Habitability With Professional Management
What Does “Uninhabitable” Mean?
When a property is “uninhabitable,” it means that it’s not suitable to live in. In other words, the property’s condition is unsafe, unsanitary, or unsuitable for occupancy. Typically, this means that the property has significant issues, like foundational issues or health hazards, that prevent tenants from living there comfortably or safely.
Before renting a property, it’s crucial to ensure it’s habitable and meets local safety standards. In fact, as of July 1st, the Safe at Home Act became effective in Georgia. Part of this Act establishes a minimum “duty of habitability,” requiring property owners to provide rentals that are free from health and safety risks.
As such, landlords must conduct thorough inspections and address any major issues that may impact tenants’ health, safety, or well-being. Failing to address these issues can result in major legal and financial consequences. Next, we’ll review what makes a rental uninhabitable.
What Makes a Rental Uninhabitable?
A rental property is considered uninhabitable when it fails to meet the basic standards of safety, health, and habitability required by law. While Georgia laws may differ slightly, most states require landlords to keep up with the following to ensure a safe and legally compliant rental property.
- Structural Issues
- Working Utilities
- Major Health Hazards
- Fire and Safety Violations
- Security Concerns
Structural Issues
If you have a property with structural issues, it’s a major problem. For instance, large cracks or sagging in the foundation or walls generally make a property unsafe for occupants. A leaky roof can also lead to structural damage and create an unsafe living environment. It’s important to also address broken or missing steps, loose railings, or poorly maintained staircases.
Lack of Working Utilities
Tenants have a right to working utilities, including water, electricity, and heat. Without these basic utilities, tenants cannot maintain basic hygiene or sanitation. For instance, without water, tenants cannot shower or flush toilets. Without electricity, tenants cannot use essential appliances or lighting, and in colder months, a lack of heat can make a property too cold to safely occupy.
Major Health Hazards
Rental properties infected with mold, especially black mold, can cause respiratory issues and other major health problems. Additionally, severe infestations of rodents, insects, or other pests can lead to unsanitary conditions and spread disease among occupants. Properties with lead-based paint or asbestos may also cause health issues for tenants.
Fire and Safety Violations
Rental properties without smoke detectors are dangerous and may be considered uninhabitable. In Georgia, landlords are responsible for installing smoke detectors on each floor of a rental home, except the attic, unless it’s used as a living space. Smoke detectors in a rental property should be listed and meet the requirements of NFPA 72, the National Fire Alarm and Signaling Code, per the National Fire Protection Association (NFPA).
Security Concerns
Tenants should feel safe and secure in their rental properties. Inadequate security, such as broken locks on doors or windows, can make tenants feel unsafe and vulnerable to break-ins. According to federal law, a rental property without locks or broken doors or windows is unsafe and uninhabitable.
Practical Steps for Landlords to Ensure Habitability
A rental property owner or Atlanta property manager can take several steps to ensure a property is safe and habitable. After all, what makes a rental uninhabitable is often negligence or a lack of knowledge regarding rental property laws. Don’t get caught up in a potential lawsuit–here are some steps for landlords to ensure habitability.
Conduct Regular Inspections- Inspect the property thoroughly for damage or potential habitability issues before a new tenant moves in. Then, do the same once they move out. Additionally, you should schedule regular inspections during the lease term to check for potential issues. - Know Local Laws and Codes- All landlords and property managers must be aware of local and state regulations regarding property habitability. This includes knowledge of building codes, health standards, and safety requirements.
- Address Maintenance Issues Promptly- Include a process for tenants to request maintenance in the lease agreement. Respond immediately to issues affecting habitability, such as heating or electrical issues.
- Invest in Preventative Maintenance- Seasonal maintenance in rental properties is crucial. You’ll want to schedule regular HVAC servicing and inspect the plumbing and electrical systems to ensure they work properly.
- Ensure Fire Safety- Fire safety laws in Georgia require landlords to provide working smoke detectors on each floor of a rental property, except the attic, unless it’s used as a living space.
- Educate Tenants- It is crucial to keep a rental property clean and well-maintained. As such, you’ll want to give tenants a guide on how to maintain the property and instructions on how to report any issues.
Ensure Habitability with Professional Management
Rental property owners, especially those with several properties, have an overwhelming amount of responsibility. Now that we’ve gone over what makes a rental uninhabitable, you may be wondering how to keep up with more than one property. That’s where professional property management comes into play.
The professionals at Bay Property Management Group know rental safety and habitability laws like the back of our hands. So, you can trust us to ensure your property meets federal, state, and local standards for all aspects of the rental process. Contact BMG today to learn more about our comprehensive rental management services in Atlanta, Georgia.
