Landlord and Tenant Law
What is Landlord Tenant Law?
Landlord Tenant Laws regulate the relationship between one who owns real property (i.e., land, houses, buildings, etc.) and those to whom he or she gives certain rights of use and possession. Landlord tenant laws grew out of the English Common Law, and contains elements of both real property law and contracts, though most jurisdictions have added a number of more modern considerations, as well.
Residential and Commercial Leases
Many jurisdictions vary widely in their application of landlord tenant law based on the type of tenant. A residential tenant is one who seeks to take up personal occupancy in the premises for purposes of using it as a home. A commercial tenant is usually a business that takes up possession of the property for purposes of carrying on some form of commercial, retail, or industrial pursuit. Given the different values associated with each type of tenancy, the laws vary to meet these interests. For example, residential tenancies are usually given more protections against unannounced entry by the landlord (to protect privacy), greater habitability requirements (to ensure one can actually live in the property), and more protections against wrongful taking of deposits. Commercial tenancies, on the other hand, are granted more protections against activities that would harm a business interest or impede its operations, but have fewer considerations for privacy and habitability.
Eviction and Back Rent
In either type of tenancy, the usual tools for a landlord to enforce its right to collect rent is through the use of evictions. An eviction is a legal proceeding, usually with an expedited procedural calendar, that allows a landlord to put a tenant on notice of the failure to pay, file a lawsuit, and obtain a court order requiring the tenant to vacate the premises, often within a matter of weeks. Most states also provide a mechanism for recovering unpaid rent from the tenant in the event of a default, including, in some instances, rent that would have been due through the end of the lease term. Note, while jurisdictions vary, a landlord is typically not obliged to take any extraordinary measures to find a new tenant in the event one vacates early and breaks the lease, meaning the original tenant remains contractually liable for the full amount of the lease all the way to its original end date. As a result, it is rarely wise for a tenant to simply abandon a leased property, even if they know they are about to default.
A tenant has a number of rights, as well, and chief among them are certain implied warranties of habitability. If a leased property becomes uninhabitable, due to structural damage, mold, water leaks, fire, vermin infestation, or any number of other circumstances, the tenant may have a right to withhold rents or even vacate the property without penalty. Failure to provide a habitable property is the equivalent of a tenant failing to pay the rent: it amounts to a breach of the essential terms of the lease agreement, often excusing the tenant from further performance. Therefore, landlords typically have all maintenance and repair obligations associated with a leased property.
Landlords are also obligated, in many jurisdictions, to disclose how they will hold and use deposit money. If money is taken on deposit, the landlord must disclose whether the deposit is refundable or not and, in some jurisdictions, must disclose in which bank the money will be held, whether it will draw interest or not, and under what circumstances the money may be withheld from return upon the termination of the lease.
If you would like more information on Landlord Tenant Law, please visit the resources below. Additionally, since landlord tenant laws vary greatly by state and are always changing, should you have a specific question or issue, you may wish to contact a local attorney. You can find a list of attorneys in your area that focus their practices on landlord tenant law by visiting our Law Firms page.
Know Your Rights!
- How Do I Throw Someone Out of My House?
Ever had the house guest you just cannot get to leave? Maybe someone you thought you could share a relationship with and things did not work out, or a friend or family member who just cramps your lifestyle, eats your food, and does not contribute to the bills? Whatever the case may be, getting someone out who has overstayed their welcome can sometime be a very difficult task. So, how do you throw someone out of your house?
- How to Fight an Eviction
Getting behind on rent and receiving an eviction notice can be a traumatic experience. While every state is different, most share certain characteristics, and it is important to know how evictions work in order to know what you should do.
- When is it Okay Not to Pay Rent
Leases are tricky things. They are a combination of contract laws, agreements between the parties, and laws and regulations that relate to landlords and tenants, housing standards, zoning, safety, etc. As a result, although a lease agreement may say you have to pay rent always and under every circumstance, there are plenty of times when one of these other laws may intervene.
Articles on HG.org Related to Landlord and Tenant Law
- What Is a Partition Action and How Does a Real Estate Lawyer Help?Partition actions often come about because the property or land that has been purchased has more than one personís interest. This could be a loved one or someone that has a financial interest.
- 10 Things Landlords Need to Include in a Rental AgreementIf you are new to leasing investment property to tenants, you need to be sure that your rental agreement covers all the bases so you can protect your investment properly.
- How to Choose the Best Tenants and Avoid Fair Housing Complaints in FloridaThe Florida Fair Housing Act and federal law prohibit landlords from discriminating against tenants based on a number of factors, including race, gender, religion, national origin, age, disability (physical or mental) or familial status.
- Can Property Management Force a Tenant to Replenish Reserve Funds?Property management has various funds to disperse to different areas that need repair or alteration. Some funds are reserved for emergencies, and some are used for maintenance.
- Commercial Lease Negotiation Tips for EntrepreneursGetting the right space to house your new business is essential, but you need to get it on the right terms to ensure your business is in a prime position to succeed. Commercial leases are prepared by landlords, and crafted to favor landlords.
- How to Minimize Risk When Leasing Investment Property to Renters in FloridaSuccessful real estate investors know that to protect your investment, you not only need to have the proper insurance for your property, but you also need to take some extra steps to manage risk when leasing investment property to tenants.
- How Can I Evict a Tenant in Florida?Tenants who do not pay rent in time or otherwise violate the rental agreement that they have with the landlord may be subject to eviction. However, a landlord must carefully follow the laws related to eviction to avoid liability in this situation.
- What Can I Do If My Tenants Are Damaging My Property in Florida?Landlords are not required to let their tenants destroy their property. They may take legal action according to local rules and the lease agreement.
- Can My Landlord Change a Long-Term Lease Agreement or Stop Making Repairs in Florida?Many of the landlord responsibilities may be laid out in a lease agreement. Absent an agreement or a provision on the matter, Florida law and housing codes may be consulted to determine the landlord's rights and duties.
- What Can I Do About a Noisy School?Almost every private housing area as well as public ones prohibits undue, avoidable and excessive noise. For laws and ordinances that stipulate noise levels, law enforcement is allowed to give citations and tickets to those that violate these regulations.
- All Real Estate Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Real Estate including: construction law, eminent domain, foreclosure, homeowners association, land use and zoning, landlord and tenant law, property law, property management.
Landlord and Tenant Law by State
Landlord and Tenant Law - US
- ABA - Real Property, Trust and Estate Law Section
Real Property, Trust and Estate Law Section - ABA The Real Property, Trust and Estate Law Section is a leading national forum for lawyers, and currently has over 30,000 members. The Real Property Division focuses on legal aspects of property use, ownership, development, transfer, regulation, financing, taxation and disposal. The Trust and Estate Division focuses on all aspects of trusts, estate planning, employee benefits, insurance, and probate and trust litigation.
- Landlord and Tenant Law - Overview
Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutory and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. Federal statutory law may be a factor in times of national/regional emergencies and in preventing forms of discrimination.
- The National Landlord Tenant Guides
Landlord Tenant Law for all 50 states. Summary of Tenant Landlord Laws, Articles and Landlord Tenant Discussion Board.
- Uniform Residential Landlord Tenant Act
In the 1960s, at the time of the civil rights movement and heightened concerns about the legal rights of the poor, the federal government funded a legal aid project to write a model landlord and tenant act. The model code drafted at that time was given to the National Conference of Commissioners on Uniform State Laws, who drafted the Uniform Residential Landlord and Tenant Act (URLTA) in 1972.
- US Department of Housing and Urban Development
HUDís mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. HUD is working to strengthen the housing market to bolster the economy and protect consumers; meet the need for quality affordable rental homes: utilize housing as a platform for improving quality of life; build inclusive and sustainable communities free from discrimination; and transform the way HUD does business.
- USDOJ - Fair Housing Act
In the United States, the fair housing (also open housing) policies date largely from the 1960s. Originally, the terms fair housing and open housing came from a political movement of the time to outlaw discrimination in the rental or purchase of homes and a broad range of other housing-related transactions, such as advertising, mortgage lending, homeowner's insurance and zoning. Later, the same language was used in laws. At the urging of President Lyndon Baines Johnson, Congress passed the federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968) in April 1968, only one week after the assassination of Martin Luther King, Jr..
Organizations Related to Landlord and Tenant Law
- Landlord Association.org
Landlord Association.Org is a dynamic online company developed by property investors and landlords who want to extend information and services to others who are involved in real estate investing throughout the United States.
- National Housing Institute (NHI)
NHI is a nonprofit organization that examines the issues causing the crisis in housing and community in America. Tenants may seek the assistance of NHI, which provides information and referral to local tenant organizations.
- National Tenant Network
For more than 25 years, National Tenant Network has been focused on a single goal: to help property owners and managers make the best leasing decisions possible. We care about your bottom line, understand the importance of maintaining the integrity of your rental property and strive to provide exceptional service to every subscriber.
- RHOL - Landlord/Tenant Law
The RHOL family of webs has been the most extensive and comprehensive rental property resource on the Internet since 1995. Our thousands of supporting members make it possible for us to continue to add content and services to the rental housing community.
Publications Related to Landlord and Tenant Law
- Landlord Entry Right and Tenant Privacy
A landlord can enter a rented dwelling to make emergency repairs at any time. A landlord may also enter to make necessary, non-emergency repairs after providing notice, the amount of notice in each state varying as indicated in this article.