Landlord Tenant
A landlord-tenant relationship exists when a landlord or property owner provides an individual or individuals with a place to live or do business in exchange for rental fees. In such agreements, a binding legal relationship exists in the form of a lease (sometimes month to month, yearly, or longer). The lease states the conditions under which the tenant may occupy the premises. A lease is a contract that outlines the amount of rent to be paid, when it is due, and other conditions such as a security or cleaning deposit. The lease provides protection to both the tenant and the landlord; its terms can be negotiated before both parties agree to sign the lease. If conflicts related to the terms of the lease arise after the lease is signed, the courts may need to determine the outcome of the situation.Landlord-Tenant Laws
Landlord-tenant laws vary from state to state, but many states have based their statutes on the Uniform Residential Landlord and Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. Landlord-tenant law consists of elements of contract and property law. There are also federal statutes related to emergencies and discrimination that come into play in the landlord-tenant relationship.
Tenants' Rights
Under current landlord-tenant relationships, tenants have a number of rights, and landlords have certain responsibilities to fulfill. Tenant rights include the right to habitability, which means that the property must meet certain safety standards, such as heat, potable drinking water, and a reasonable level of sanitation and safety. These standards must be met whether or not they are spelled out explicitly in the lease. If these conditions are not met, and tenant complaints are unheeded, tenants may be able to withhold rent until circumstances are remedied. Tenants are also entitled to quiet enjoyment, which means that they are not to be disturbed by the landlord.
Landlord's Responsibility
The landlord has a certain number of responsibilities to uphold in order to lease their property to the tenant. First and most importantly, the landlord must take care of the property and ensure that it meets proper standards of cleanliness and safety. It is the landlord’s responsibility to make major repairs (i.e. structural repairs, plumbing, electrical wiring, etc.), unless the tenant is renting the entire property -- in which case, the tenant might be responsible for some aspects of maintenance. The landlord cannot restrict the tenant's ability to invite others onto the premises, but may place certain restrictions on that use (i.e. late night noise, damage repair caused by parties, etc.). In addition, the landlord may not prohibit tenants from organizing a tenants’ rights organization; neither can the landlord retaliate against participation in tenants’ organizational activities.
Termination of Landlord-Tenant Relationship
Either party may terminate the landlord-tenant relationship by giving advance notice and by putting the intention to terminate the lease in writing. On occasion, it will become necessary to retain an attorney to help navigate the situation. If the lease is complicated, or if conflict arises, such as issues related to retrieval of a security deposit, then an attorney may become essential.
Related Links: |
|
