Tenant Orientation and Move- In
Welcoming the new tenant to the rental community is usually done through a new tenant orientation meeting. The orientation meeting provides the important information the new tenant needs to know to quickly adapt to rental practices and get settled into his new home.
The orientation meeting is also an important first step in the landlord-tenant relationship and helps to set a positive tone for the new tenancy.
Typically the orientation includes the lease signing, a review of important lease terms and conditions, a discussion of rental rules and regulations, communication of the landlord’s expectations and rental standards, tenant duties and responsibilities under the lease agreement, collection of good funds for rents, fees and deposits, rent collection policies and procedures, a walk-through and inspection of the rental unit, completion of the move-in property inspection checklist, and transfer of possession of the rental unit to the tenant. Because so much detail is covered during an orientation meeting, it is a good idea to provide the new tenant with a move-in letter and information packet that includes the details discussed during the orientation, such as the items listed above, as well as customer service and maintenance/repair procedures, and landlord contact information.
Lease Agreement
The lease agreement is a legal contract that sets out the terms and conditions of the tenancy. The lease terms and conditions are legally binding and enforceable against all parties. A clearly written, detailed lease agreement will help protect both the landlord and tenant from fraud or misunderstanding in the event of rental disagreements or disputes. Each adult occupant of the rental unit should be required to sign the lease agreement to acknowledge his understanding and acceptance of his duties and obligations by the lease contract.
If the rental property is governed by a home owner association, the tenant should be given copies of the association’s CC&R’s, Bylaws, and Rules and Regulations. The lease agreement should include a clause whereby the tenant (1) acknowledges receipt of copies of all relevant association documents; (2) understands and accepts the restrictions of the governing association; (3) understands that the association can modify rules and regulations for the purpose of promoting the convenience, safety, or welfare of residents; and (4) agrees that he, the tenant, will reimburse the landlord for all fines, legal costs, and other penalties resulting from the tenant’s violation of association rules and regulations.
Required Disclosures by Federal, State. And Local Law
Federal law, the Residential Lead-Based Paint Hazard Reduction Act, or as commonly known , Title X, requires that before signing a lease for housing built before 1978, tenants must receive an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family from Lead in Your Home. Some states have their own lead-based paint laws, usually more stringent than the federal regulations. Landlords must comply with the level of regulation that provides the most protection against lead-based paint hazards.
State statutes address various landlord-tenant issues, regulate landlord-tenant duties and obligations, and require landlord disclosure of important landlord-tenant laws. Additionally most states require landlord disclosure of landlord policies and conditions and material facts about the property that impact tenant habitability and quiet enjoyment of the rental premises. Landlord disclosures must typically be in writing, often incorporated within the lease agreement language, or provided as a separate disclosure document.
If there are local ordinances such as rent control or rent stabilization or local requirements for health, safety, building codes, etc., such disclosure must be made to the new tenant before possession of the rental unit is transferred to the tenant.
Move-In Checklists & Walk-Through Inspections
Many states require a move-in checklist to be completed when possession is given to the new tenant. The checklist is a written statement of condition of the rental unit at the time of move-in. It documents any existing damage to the unit and/or furnishings and requires acknowledgement of the unit’s condition by the signature of the tenant. The move-in inspection should be done before the tenant receives keys, moves in any personal belongs, or anything else occurs which might provide possession even though money has changed hands. The checklist can help minimize discussions between landlord and tenant at a future time regarding the unit’s initial general appearance, condition, and maintenance. Even though both parties think they will remember important items and think that they have an understanding, such is not always the case.
It is recommended that a move-in checklist include the condition and cleanliness of appliances; cabinets; painted surfaces; floor coverings; windows, screens, and window coverings; doors, plumbing fixtures, light fixtures and ceiling fans; carport, garage, and parking areas; and landscaping. The move-in checklist should also include appliances or other property not physically attached to the real property.
The original signed checklist should be retained by the landlord in the tenant’s file and a copy of the signed checklist given to the tenant for his records. It is recommended that the condition of the rental unit at move-in also be well documented with photos or video. The tenant should be instructed that the same checklist will be used to document the condition of the rental unit at the time of tenant move-out. By using the same checklist for move-in and move-out conditions, the landlord has good documentation if deductions need to be taken from the tenant’s security deposit following move-out.
During the walk-through of the unit, it is a good idea to familiarize the tenant with operating instructions for electrical, heating/cooling, and plumbing systems as well as furnished appliances. The tenant should know the locations of the furnace, air conditioner, water heater, breaker/fuse box, gas valve, and water valve. Supply valves for sinks, toilets, and other fixtures should be located. If it is the tenant’s responsibility to change furnace filters or perform other small maintenance tasks, the tenant should be instructed in the correct procedures to maintain the systems.
During the inspection, the location of each smoke detector and carbon monoxide detectors should be noted and the tenant should test each device to verify it is working properly. It is a good idea for the landlord to have a fire extinguisher available in the unit, usually in the kitchen, and the tenant should be instructed to monitor the gauge on a regular basis to ensure its operability.
Transferring Possession
Possession of a unit should not be given to new tenant until (1) all documentation, including lead paint disclosure if applicable, has been executed by all parties on the lease agreement, which, as stated earlier, should include all adult occupants, (2) all funds have been received by the landlord, and (3) if utilities are still in the landlord’s name, arrangements have been made for transfer to the tenant. Allowing a tenant to take possession of the unit while the utilities are still in the landlord’s name can result in problems. In some jurisdictions, if the tenant in possession fails transfer utilities to his own name, the landlord may not have the right to turn the utilities off.
Again, it is critical that a landlord does not allow a prospective tenant to stay temporarily in a rental unit or move any personal property into the unit until all pre-possession tasks required by the landlord have been completed. If a landlord has provided the prospective tenant a key or in any other way has indicated that possession of the unit has been transferred to the prospective tenant, the landlord has effectively given the prospective tenant the legally protected status of tenant even though no lease was signed or rent money paid. It will require an eviction if the prospective tenant does not complete the terms and conditions for move-in and refuses to voluntarily vacate the rental premises.