LANDLORD AND TENNANT LAW

Landlord and Tennant Law



Landlord and Tennant Law

Background

Landlord-tenant law governs the rental of property. The basis of the legal relationship between a LANDLORD AND TENANT is derived from both contract and property law. The tenant has a temporary possessory interest in the premises. The rental premises may be land, a house, a building, or an apartment. The length of the TENANCY may be for a specific period of time, for an indefinite but renewable period of time (this would include a month-to-month tenancy). During the term of the tenancy, the tenant has the right to possess the premises, and to restrict the access of others. A landlord-tenant contract may alter and define rights allowed under law. Landlord- tenant contracts are typically known as rental agreements or leases. What provisions may be contained in a LEASE is normally regulated by state law. Standard in all leases is the implied covenant of quiet enjoyment which gives the tenant the right to possess the rental premises without interference from or disturbance by others, including the LANDLORD. Another standard lease provision for residential rental units is the WARRANTY of HABITABILITY. If the landlord causes the rental to become uninhabitable or fails to make repairs so that the premises are uninhabitable, a constructive EVICTION may occur. This may allow the tenant to withhold rent, repair the problem and deduct the cost from the rent, or recover damages. Federal law prohibits DISCRIMINATION in housing and the rental market. Landlords are also typically restricted by state laws from evicting tenants in retaliation of action the tenant may have taken to enforce a provision of the lease, a housing code compliance, or other applicable law (Dicey , 1993, 86-99).

Leases and Rental Agreements

A lease or rental agreement is a contract between a landlord and a tenant which gives the tenant the right to use and occupy rental property for a certain period of time. When a tenant turns over the right or the partial right to use and occupy rental property to a roommate or subtenant, that agreement is sometimes referred to as a sublease. A lease can be a verbal agreement or a written agreement. At the end of the lease, use and possession of rental property must be returned to the landlord. A lease requires the tenant to pay a specified amount of money each month in return for the use and enjoyment of the premises. This payment is called rent(Dicey , 1993, 86-99).

Parties to a Lease

Landlord

A landlord is the owner the rental property or the agent of the owner of rental property. Often real estate management companies will act as landlords for private or CORPORATE entities. The landlord allows a tenant to use and occupy the rental property in exchange for payment of rent(Dicey , 1993, 86-99).

Tenant

A tenant is the person or entity that has the right to occupy rental property in accordance with a rental agreement or lease. In addition to provisions set out in the lease, state law typically outlines tenant rights ...