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
- Mold, Leaks, and Other Conditions That Can Make a Rental Property UninhabitableWhen renting an apartment or other home, you can be at the mercy of your landlord in many ways. Problems like leaks, mold, malfunctioning appliances, and other issues can make your home feel more like a prison. So, what can you do when your landlord fails or refuses to fix serious maintenance issues in your rental property?
- Uninhabitable Conditions in California - The Right of a Tenant To Move Out And Break Their LeaseIn certain circumstances, California Civil Code Section 1942 allows a tenant or lessee to move out of a rented property without prior notice when the property is uninhabitable. A rented property must be fit for humans to live in. When it is so unhealthy as to be a danger to the renter, the renter has the right to leave the premises even when there is a lease. However, there are steps to take before doing so in order to support your claim that the property is uninhabitable.
- Creating a Lease AgreementMany homeowners eventually find themselves in the position of wanting to rent their property. Unfortunately, home ownership does not come with a legal manual full of all the necessary forms to set up a lease arrangement.
- When Can I Withhold Rent and Not Get Evicted?Anyone who has had a disagreement with a landlord has probably wondered if they could withhold rent until the issue was resolved. To the surprise of many, there are actually circumstances under which a tenant can lawfully withhold rent and not have to worry about getting evicted. So what are those circumstances?
- When Can a Landlord Enter My Apartment?You have just found the perfect spot. It is right where you need it, the rent is just right, and you love the floorplan. Things seem great until one day you come home to find the landlord or one of the maintenance people in your home without your permission.
- My Landlord is Trying to Keep My Deposit, What Can I Do?Moving out of a rented property can be an exciting time. The thoughts of a new home or office and all that it has in store may be what dominates your thoughts. But, it can also be a stressful time, as well. This is particularly true when you are counting on getting your deposit back only to discover that your former landlord is trying to keep it or even charge you additional fees on top of it. If you believe these charges are unjust, what can you do to fight it?
- I Found Mold in My Rental Home – What Can I Do?In recent years scientists have learned more about the potential dangers of mold and breathing it in on a daily basis. While some individuals may develop minor respiratory symptoms, such as coughing and wheezing, more serious conditions may develop, such as fungal respiratory infections. In many states, your landlord may have some responsibility to help remediate the problem.
- Four Tips on Negotiating Startup Office LeasesReady to move your startup out of the garage and into real office space? Here are some tips on negotiating your startup office lease.
- California - Landlord Failure To Repair Allows Tenants To Pay For Repairs And Deduct From RentA landlord is a person or entity that owns a rental unit. A tenant is an individual that rents or leases the unit on a month-to-month or fixed term basis. Before renting a unit, the unit must be fit to live in or be in a habitable condition. The legal term, “habitable,” means that the rental unit is fit for occupation and that it complies with state and local laws that materially affect tenants’ health and safety.
- Common Eviction MistakesWhen renting out a property you own, it is only natural to want to make the most money and incur the least expense. Unfortunately, for some landlords, this leads to cutting corners in the legal department; a potentially very costly mistake. The following are a few common mistakes landlords make during the eviction process and what you can do to avoid them:
- 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
HUD’s 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.