Last month, a question was raised at CDARPO’s membership meeting regarding our tenant’s responsibilities in regards to our properties. As landlords we are constantly reminded of our responsibilities when it comes to maintaining our properties. But what about our tenants? What are their responsibilities? Surely, we shouldn’t have to bear all the liability on our own to maintain the living space that we provide.
The following information was sent to me from one of our members. It is specific to rental property owners in Albany. Therefore, I encourage our members in the surrounding municipalities to check your local laws. As indicated below, our tenants do have responsibilities to maintain their living space. I included the section of the city code for your reference.
§ 231-101. Responsibilities of occupants.
[Amended 11-2-1987]
A. In conjunction with the owner of the premises, occupants of dwelling units shall be responsible for compliance with this Code in regard to the following: [Amended 9-18-1995 by Ord. No. 19.51.94]
(1) Occupancy limitations and its lawfully permitted use.
(2) Maintenance in a clean, safe and sanitary condition.
(3) Maintenance of plumbing, cooking and refrigeration equipment, appliances, fixtures and facilities, in a clean and sanitary condition, and providing reasonable care in the operation and use thereof.
(4) Keeping exits free and clear.
(5) Disposing of garbage and refuse into provided facilities in a sanitary manner, and keeping the premises free and clear therefrom.
(6) Keeping domestic animals and pets in an appropriate manner and under control.
CARBON MONOXIDE DETECTORS
§ 133-78.14. Battery removal violation; penalty.
Except as hereinafter provided, it shall be unlawful for any person to remove batteries from a carbon monoxide detector required under this article or in any way to make inoperable a carbon monoxide detector required under this article. This provision shall not apply to any building owner or manager or his agent in the normal procedure of replacing batteries.
§ 133-78.15. Owner’s/tenant’s responsibilities.
The owner of a structure shall supply and install required carbon monoxide detectors. The owner shall test and maintain carbon monoxide detectors located other than in a dwelling unit. The owner shall provide written information regarding carbon monoxide testing and maintenance to at least one adult tenant in each dwelling unit. The tenant shall test, provide general maintenance and replace required batteries for carbon monoxide detectors located in the tenant’s dwelling unit.
