Landlord/Tenant Rights
| Author | Jeffrey Wilson |
| Pages | 1207-1217 |
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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 premisesmay 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.
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
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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.
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.
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 with its own Landlord and Tenant law.
If roommates are listed on the lease, each roommate is considered a tenant and each one will be individually fully responsible for the total amount of the rent due to the landlord, unless the lease specifically states otherwise. If only one roommate is listed on the lease and the others have not signed the lease, only the roommate listed is considered the tenant. The others are considered subtenants. Only roommates who sign the lease are responsible for the full amount of the rent to the landlord. The roommates who signed may have some separate claims against their non-signing, non-paying roommates, but such claims would typically be covered by contract law rather than landlord tenant law.
Most lease have standard provisions which set forth landlord and tenant rights and obligations. Such provisions include:
The names of the parties
A description of the rental property
The term, or length, of the lease
The amount of rent
The due date of the rent
The amount of the security deposit
Whether the tenant is subject to late fees
Maintenance responsibilities
Options to renew
Termination notice requirements
When the landlord may enter the rental property
Rules concerning pets
While leases or rental agreements do not have to be in writing to be valid, the terms of the agreement will be easier to enforce and the responsibilities of the parties will be clearer if the rental agreement is in writing.
Some clauses that appear in a written lease or rental agreement are, by the nature of the clause, unenforceable. These include agreements that the landlord can repossess property if the tenant falls behind in the rent, agreements allowing the landlord to enter the rental unit any time, without notice, agreements that tenants will pay for all damages to the rental unit without regard to fault, and agreements that court action entitles the landlord to more money than can be order by the court.
Landlords have the responsibility to maintain residential rental property and repair any defects. Under most state law, there is an implied warranty of habitability, which is defined as the minimum standard for decent, safe, sanitary housing suitable for human habitation. This warranty applies throughout the lease. Most jurisdictions that ordinances or laws that require owners of real property to maintain the property and make any necessary repairs. These codes typically require that any rental property offered by a landlord must meet the minimum standards established in the codes. The landlord's obligation is to deliver the rental property to the tenant in compliance with the housing codes and to maintain compliance with the housing codes throughout the time the tenant has possession of the rental property.
The responsibilities of tenants are typically spelled out in the lease; however, basic responsibilities in-
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clude timely payment of rent, reasonable use and care of the premises, and a duty not to disturb or disrupt surrounding neighbors with excessive noise.
A security deposit is an amount of money given by the tenant to the landlord to ensure that reimbursement is available for any damage done to the premises by the tenant. Some leases require additional deposits for pets or waterbeds. State laws require the return of the security deposit within a certain period of time. If the entire security deposit is not returned, the landlord should provide the tenant with a written explanation regarding any deductions made from the security deposit. Some states have laws with steep financial penalties for landlords that fail to return the security deposit within the amount of time allowed by law. A security deposit typically cannot be credited toward the payment of the final month's rent. Some state laws require the landlord to keep the security deposit in a separate interest bearing account.
Eviction is a legal process by which a landlord may terminate a tenant's right to remain on the rental property. Ultimately, the tenant may be forcibly removed from the property by the sheriff or other law enforcement official; however, doing so requires a formal court order. A tenant can be evicted for numerous reasons, but typically evictions take place where the tenant is in violation of one or more provisions of the lease agreement. Valid reasons for eviction may include:
Failure to pay rent on time
Harboring pets or persons not authorized to reside at the premises under the lease
Illegal or criminal activity taking place within the rental premises
A landlord cannot forcibly evict a tenant without proper notice. The landlord must provide written notice to the tenant of the default. If the tenant does not fix the default within a reasonable amount of time, the landlord must file for a formal court eviction proceeding. Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to detainor have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed. The first step is for the landlord to file a complaint or petition with the local court and pay a small filing fee. The tenant must be served with the court documents. An unlawful detainer action is typically a proceeding which, unlike many civil trials, can move quickly through a court system; however, in some jurisdictions, tenants are entitled upon request to a jury trial in which the jury determines whether the tenant should be evicted.
In most jurisdictions, once the landlord has filed the required paperwork, a court hearing on the unlawful detainer will be set. In some jurisdictions, the tenant is required to file a written notice or answer. In those jurisdictions, if the answer is not filed, the landlord will prevail without a hearing ever being set. In jurisdictions that do requirea hearing, if the tenant does not attend the scheduled court hearing, the landlord will prevail. If the tenant does attend, the court will determine whether the tenant should be evicted and will take into account any defenses the tenant may have. The landlord may be given a monetary judgment for the...
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