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Owning rental property is no small task, and with that, many things come along, especially the law, starting from the basic tenant's rights to the landlord's responsibilities. Understanding any legal aspect helps avoid disputes within the property and ensures a smooth renting process for all concerned parties. This article specifically explains important legal principles and duties which landlords must respect considering the case of property management companies in Kerala.
Understanding Legal Obligations as a Landlord
A practical approach to the demands of property management begins with an understanding of the basic laws that govern the relationships of the owners and the tenants. These laws commonly include practising fair housing laws and care of the house, the protection of the tenants, and privacy laws. Just like other states, these general requirements should be taken on board by landlords in Kerala but should also consider important rules.
- Fair Housing Compliance
Fair housing laws dismantle housing discrimination based on race, religion, gender, age, or disability. Tenants, as of right, need to be treated the same as every other applicant, giving them a chance to rent. This means no discrimination on race, gender, ethnicity, etc. Not abiding by the regulations can lead to worst-case scenarios.
- Clear Leasing Agreements
A proper and simple leasing agreement goes a long way. It should cover every element that requires special attention, such as the rent amount, the day the rent is due, the policies regarding the property, and what maintenance is needed for it. This lease is a contract that protects the legal rights of both the tenant and the landlord.
- Adherence to Privacy Laws
Every tenant has constitutional rights to reasonable privacy, which every landlord needs to respect as well. It is natural for landlords to expect to conduct periodic inspections or maintenance service however they should refrain from entering the property without permission, having given suitable notice, unless it is an emergency. In the case of Kerala, there are other specific privacy rules which landlords must bear in mind if there are any.
- Property Maintenance and Habitability
The property should be fit for human habitation in terms of the availability of relevant facilities and adequate sound structure. Regular checks and maintenance services should be done on time. When the wall/s develops water damp patches, the walls turn mildewed, or there are loose/broken electrical parts, the company should ensure that they are remedied with immediate effect.
- Managing Security Deposits
Security deposits protect landlords from potential property damages or unpaid rent. The amount that can be charged, the reasons when it ought to be returned and the obligations under which it can be withheld feature among the rules set by local ordinances. Guidelines set out in Kerala should be adhered to by landlords in order to avoid squabbles with the tenants or run into legal problems.
- Termination and Eviction Laws
Even though landlords are entitled to evict their tenants for non-payment of rent or breach of any lease covenants, they are required to do this in accordance with the eviction laws. If you are a tenant, you can initiate legal action against the landlord for acting in breach and evicting you illegally. Landlords in Kerala should take time to learn about the notice period, timelines and other legal and reasonable grounds under which a tenant can be evicted legally.
Also Read: How to Choose the Right Property Management Company
Key Legal Responsibilities for Property Managers in Kerala
For landlords who have opted to use property management services in Kerala, such a collaboration can be enriching if these professionals comprehend the local rules. These firms can be of assistance in handling different rules and regulations, tenant management, and other legal procedures. Some of the primary functions that property managers commonly carry out include:
- Compliance with Local Regulations
Such companies operate in compliance with all the recent property laws in the state of Kerala concentrating on established legal practices in rentals of residential properties geared to be for rent. For example, following zoning and registration practices including all the laws that exist concerning properties.
- Professional Leasing and Tenant Screening
Firms professionally managing properties have some tenants who effectively fill vacancies with someone who has conducted screening considering late rent payment or possible litigation. Further, the firm prepares leases that are in order as they incorporate the landlord’s and the tenants’ rights thereby ensuring little misunderstandings.
- Maintenance and Repair Oversight
Firms managing properties in Kerala have maintenance contractors who make sure that any needed repairs are done in a timely manner. Also, they ensure that the repairs are done within the law and that the lessee’s welfare is not forgotten thereby protecting the lessor from many liabilities.
- Handling Security Deposits and Rent Collection
Assembling funds in a professional manner is likely to lower the number of times landlords are attacked in a courtroom. The residence managers receive security deposits as per the laws explaining all the deductions made in cases of damaged property. They also have proper documentation for any previously received rents to mitigate the chances of disagreement in future.
- Conflict Resolution and Legal Support
Tenants sometimes raise complaints or disputes requiring swift resolution. Property managers mediate these issues, leveraging their legal knowledge to resolve disputes amicably. If eviction is necessary, they help ensure it is conducted in compliance with Kerala's regulations.
- Adapting to Environmental and Safety Standards
Environmental compliance is increasingly important, especially for properties with unique natural settings like those in Kerala. Property management companies ensure the property meets environmental guidelines and safety standards, particularly if the property is near ecologically sensitive areas.
- Documentation and Record Keeping
Comprehensive record-keeping is a legal safeguard. Property managers keep a thorough record of inspections, maintenance, rent payments, and communications. Such documentation can be essential in the event of a legal dispute, providing evidence that all parties have upheld their responsibilities.
- Insurance and Liability Management
Property management companies help secure appropriate insurance policies that cover property damages, liability, and tenant injury. They assist landlords in understanding and selecting plans that offer the best protection, minimising financial loss.
Why Legal Awareness Matters for Property Management Success?
Legal awareness is crucial for landlords, ensuring that property operations are lawful, efficient, and safe. Landlords who partner with experienced property management companies in Kerala benefit from professional guidance through complex legalities, allowing them to focus on investment returns rather than regulatory concerns. By understanding and adhering to these legal considerations, landlords can foster long-lasting, positive relationships with tenants and protect their property investments from potential risks.
Zeztate is one of the best home management and real estate services in Kerala, offering exceptional expertise and personalized solutions to help clients find their dream homes and manage their properties with ease.
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