by Theresa Morrow

Created on: March 30, 2009

Renters don't have the same rights as owners for one simple reason - they don't have the same responsibilities. Because of the imbalance in the responsibilities of being a tenant versus being a landlord, one can expect there are differences in the rights of each.

Homeowners are typically 100% responsible for their properties. Although certain responsibilities such as lawn care, trash pickup, and exterior maintenance of the property may fall on a Homeowner's Association, it is up to the homeowner to pay the HOA fees in order to have those services provided.

In comparison, a tenant's responsibilities will be shared with the owner of the property and how those responsibilities are split is typically detailed in a lease. Although tenants do have responsibilities, it is ultimately the homeowner's duty to make sure they are taken care of should the tenant fail to comply. For instance, it may be the tenant's responsibility to mow the lawn. However, it the tenant fails to do so, it will be the owner who is fined or taken to court by the city in order to have the lawn maintained.

In most cases, a tenant is responsible for the minor upkeep of the property with the homeowner being responsible for major repairs. The tenant is usually responsible for keeping the property clean, making minor repairs and performing routine maintenance such as air conditioner filter replacement. The tenant is also responsible for reporting any major repairs to the homeowner that may be needed.

Homeowners also have more legal liability at stake than tenants. If a decking system or sidewalk is not properly maintained and someone is injured, the homeowner can be sued. Tenants are not typically liable for such structures unless they were aware of a default and failed to inform the homeowner in a timely manner.

Homeowners also have a responsibility to the mortgage company if a mortgage is held on the property. This ranges from maintaining insurance coverage, paying property taxes on time, as well as maintaining and repairing the structure so that it does not decrease in value due to neglect. This type of maintenance includes being on the outlook for termites, inspecting for rot and rust damage, and making any foundation repairs due to settling or shifting of the ground under the property.

The disproportion in responsibilities of a tenant versus a landlord or homeowner is the primary reason tenants don't enjoy and can't expect the same rights.

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