The Basic Concepts of
Landlord-Tenant Laws
In today's society, every landlord should have a basic understanding of the fundamental landlord-tenant laws that exist in his or her respective state. The penalties to landlords for not knowing and complying with these laws can be quite severe and costly. And what landlord needs those kinds of hassles and headaches when a little knowledge could have certainly prevented them?
A basic overview of Landlord-Tenant Law
Landlord and tenant law is a category of law that governs the rental of real property, both commercial and residential. This category of law is made up from "common law", which are laws developed from judicial decisions in the courts, and state statutes (or state laws enacted by state legislatures).
Many states across the US have based their landlord-tenant laws on either the "Model Residential Landlord-Tenant Code" or the "Uniform Residential Landlord and Tenant Act (URLTA). Federal statutory laws (such as the Fair Housing Act) address housing discrimination issues.
The Landlord-Tenant "legal relationship"
A landlord and his or her tenant are legally "connected" by two types of law, contract and property law. The contract law segment of their legal relationship normally consists of a written lease, which is subject to the concepts embodied in contract law.
The second component of their legal relationship, property law, is founded in respective
state property statutes
. The tenant has a property interest in the land (real property) for a specified period of time. This time period can be definite (e.g., a one-year lease), indefinite (such as a month-to-month agreement), terminable at any time by either party (e.g., at will), or at sufferance (i.e., the agreement has been terminated and the tenant refuses to leave, or holds over).
All landlord-tenant laws and legal relationships are founded upon obligations that are specified by either common law, statutory law, or the individual lease document. The legality of a lease's provisions (clauses) are governed by statutory state law. Those provisions that do not comply with their applicable statutes are illegal and unenforceable. Unless stated otherwise in a lease, the tenant has the duty to pay the landlord rent for the use of the property.
Landlord and Tenant Responsibilities
Common to all landlord-tenant relationships are certain duties and responsibilities that must be performed by both the landlord and tenant. State and federal statute, common law and the lease regulate these responsibilities. On the landlord side, basic
landlord responsibilities
include the following:
- a duty to provide a fit and habitable dwelling for the tenant,
- an obligation to notify the tenant of any housing code violations,
- a responsibility to comply with security deposit laws, and
- a duty to deliver possession of the rental unit to a new tenant as specified by a rental agreement.
From the perspective of tenants, basic
tenant responsibilities
are described as follows:
- an obligation to pay the landlord rent for use of the property,
- a duty to maintain the premises for the landlord,
- a responsibility to comply with the landlord's rules and regulations,
- a duty to allow the landlord legal access to the dwelling unit, and
- Unless specified otherwise, a duty to use the dwelling only as a personal residence.
Noncompliance by the Landlord or Tenant
Landlord noncompliance
takes place whenever the landlord simply does not perform his or her legal responsibilities as specified by a legal landlord - tenant relationship. Likewise, a condition of
tenant noncompliance
exists whenever a tenant does not perform his or her legal responsibilities that are required by the landlord - tenant relationship.
When either the landlord or tenant falls into a condition of noncompliance as described above, then certain
legal remedies
can be pursued by either of the parties to stop or correct the situation. Landlords are prevented from using "self-help" methods as forms of remedy against tenants. Normally, the process of initiating or conducting a legal remedy involves sending the other party proper
legal notice
as required by law.
Please note; the above information is general in nature and should not be considered legal advice. It should not be relied upon for your own particular circumstances. For legal advice, please consult the services of an attorney who is licensed to practice law in your jurisdiction.
For more details on landlord-tenant laws, check out
The Landlord's Library
book collection. It truly is the bible for helping you pave the path to your landlording success.
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