Avoiding Legal Liabilities: Property Managers’ Duty to Ensure Health and Safety for Tenants in Atlanta and Beyond

Improved Rental Health

Neglecting basic maintenance services for heating and plumbing systems, clean running water, and structural safety can lead to legal liabilities for owners and landlords. Property managers may also face obstacles in their work. As a real estate lawyer and founding principal of The Gilroy Firm in Atlanta, Monica Gilroy emphasizes the importance of addressing these areas to avoid severe health issues for tenants.

Gilroy recently discussed ways to reduce risks associated with lead-based paint and mold with property managers. The Environmental Protection Agency proposed an update to the rule in July, requiring property managers to hire certified professionals to deal with repair, renovation, and remediation involving lead-based paint. If implemented, property managers may need to obtain certification for dealing with lead-based paint repair and remediation. Gilroy suggests that property management firms could have one person become certified to ensure compliance.

When tenants report mold in their living space or the building, Gilroy stresses the importance of investigating the situation promptly. It is crucial to review any test results the tenant may have obtained and develop a checklist and written procedures in response to mold reports. Additionally, provide clear instructions to tenants on what steps they should take if they suspect they have encountered mold.

The information provided in this content was adapted from a webinar titled “How to Avoid Legal Liabilities When Dealing with Property Owners and Investors,” which was moderated by Rental Beast, the National Association of REALTORS®’ recommended software provider in the rental industry.

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