Understanding Landlord-Tenant Law and Eviction Law
Landlord-tenant law, including eviction law, governs the rental of both commercial and residential property. It is composed primarily of state law passed by its legislature as well as common law. A number of states have based their statutory laws on either the Uniform Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. Federal statutory law may also be considered during national or regional emergencies, and also to prevent certain forms of discrimination.
Defining the Legal Relationship Between Landlord and Tenant
Both contract and property laws define the legal relationship between landlord and tenant. A tenant holds a legal share or interest in the ground (a non-freehold estate) for a specified period. The term of the tenancy can be for a specific period of time or indefinite (e.g. renewable/cancelable month-to-month basis), and is terminable at will by either party.
The Landlord-Tenant Relationship and Lease Agreements
Tenant can possess land and restrict others (including landlords) from entering it. They also have the right to sublease the property or assign it. These rights may be limited or eliminated by the landlord-tenant arrangement. A lease usually contains the landlord-tenant agreement. Although the lease is not strictly a contract historically, it may be subject to contract law concepts.
Habitability Warranties and Constructive Eviction
The landlord-tenant relationship is based on the landlord’s responsibilities as defined by statutory law, common law or the individual lease. Typically, statutory law regulates any provisions in a lease. The implied covenant of quiet enjoyment is a fundamental part of all leases. This covenant guarantees that the tenant’s possession will not be disturbed if someone has a better legal title to the land, including the landlord. The covenant of quiet enjoyment can be breached in two ways. When the landlord makes the property uninhabitable, it is called a constructive eviction.
Responsibilities for Rent Payments and Rent Acceleration Clauses
Legal codes for housing were created to ensure habitability during tenancy or rental. The state may allow tenants to withhold rent, or take administrative action for violating housing codes. Habitability warranties are common and/or state laws that guarantee the living conditions in a residential rental unit. A breach of the warranty or covenant in the lease may result in constructive eviction. The tenant can withhold rent, fix the problem, deduct the rent cost, or seek damages.
Eviction Laws and Prohibitions on Discrimination in Housing
Except where the lease says otherwise, it is assumed that the tenant is responsible for paying rent. Without a rental price provision, state statutes may allow for reasonable rent to be paid. Commercial leases often calculate rent as a percentage of tenants’ sales. Rent acceleration clauses provide that renters will pay all rent if they violate a lease provision. Both residential and commercial leases have rent acceleration clauses.
Accessing Legal Help and Forms for Landlord-Tenant Problems
Many eviction legislative laws allow landlords to evict a tenant quickly who breaks state mandated statutes and/or specified lease provisions. Discrimination is prohibited by federal law prohibits for housing and rental markets.
Landlords are restricted from evicting tenants for enforcing a provision of the lease, or applicable laws!
You can get quick and easy access to Top Landlord & Tenant Rights Lawyers in your area offering sound legal help and assistance.simply by completing the form at the top of this page. If you like, you can also download leases & tenancy agreements in our Legal Forms Area