The Landlord/Manager also has certain obligations. Unless a net lease is involved, the Owner generally is responsible for maintaining the property and to provide certain services, such as snowplowing, groundskeeping, and cleaning certain public areas.
 Disclosure and Billing
On or before the beginning of a tenancy, the Owner should disclose in writing the name and address of the Property Manager and of the person authorized to receive legal notice on behalf of the Owner. The lease should provide that rent, bills, and other notices can be sent to the Tenant by registered mail, left at the premises, or delivered personally, as long as they are submitted at the appropriate times.
 Quiet Enjoyment
The Owner or Property Manager grants the Tenant a covenant for quiet enjoyment as one of the major benefits in the lease. This right to use also implies a right to possession. Because the Tenant is thereby given the exclusive use and possession of the space, the terms of the lease must limit the cases in which the Owner or Manager is allowed on the premises. Most leases allow the Owner to enter in emergencies and for necessary or agreed-upon repairs and to show the space to prospective Tenants for a given period near the end of the lease. A clause should be included to permit showing prospective Buyers the property, in the event the property is place on the market for sale.
Agents managing residential properties should be familiar with the state and local residential Landlord and Tenant law that may limit the Agent’s ability to enter the residence at will. The Manager should be aware of all applicable notice requirements.
Maintaining the Premises
The lease and state statutes often indicate that maintenance and repairs are the responsibility of the Owner. Most residential and commercial leases, and even some industrial leases, hold the Owner responsible for all repairs necessary to keep the premises fit for use. The Owner or Owner’s Agent must comply with local building and housing codes by maintaining in good operating condition all elevators and other facilities, as well as electrical, heating, and plumbing systems.
Unless the property is very small or under a net lease, the Owner tends to the upkeep of common areas, trash removal, window cleaning, and other services promised in the lease terms. Running water, a reasonable amount of hot water, and heat during the required season are usually supplied by the Owner unless the Tenant has exclusive control over these installations or unless the building is not required by law to be equipped for these purposes.
Under some leases, the Owner must furnish utilities; in others, such as the triple net lease, the Tenant must pay for any or all utility services. If sub-metering is legal, the Owner may buy utilities such as electricity at a lower rate and resell them to the Tenants at the prevailing rate.
The Manager should try to draft a lease that relieves the Owner of responsibility for maintaining the premises and supplying service if compliance is prevented by conditions beyond his or her control. The lease should further state that if the property is sold, the obligations of the Owner cease as of the date of sale, except for the responsibility to return or transfer security deposits to the new Owner.
