Landlord and Tenant Law

Landlord-tenant law: 

Landlord-tenant law governs the rental of properties whether residential or commercial. It is composed primarily of state statutes and common law. Number of states has based their law on either the Uniform Residential Landlord and Tenant Act or Model Residential Landlord-Tenant Code.

The basis of the legal relationship between a landlord and tenant is in contract and property law.  The tenant in granted a property interest in the land for a specific period of time. The length of the tenancy may be for a given period of time; for an indefinite period of time, terminable at any time by either party; or at sufferance if the agreement has been terminated and the
tenant refuses to leave (holds over).  

Rental Agreements: The agreement between the landlord and tenant governing the tenancy is called a lease or a rental agreement. It establishes a tenant’s right to use property for a specified length of time in exchange for payment of rent.

As with any other contract, the rental agreement should be in writing to avoid misunderstandings and should contain all of the terms agreed to by the parties. Before entering into a rental agreement, it should be read carefully and all of the terms accurately reflect the lease terms. Any changes to the lease should be marked on the document and initialed by both parties.

Rental agreements for furnished homes or apartments should contain a detailed inventory of furniture or other personal property, along with a description of the condition of each item.  The rental agreement should cover all of the specifics of the arrangements, including who is responsible for utility charges, upkeep, repairs or alterations. Additionally, merely because something is agreed to in rental agreement, does not necessarily mean it is enforceable by the landlord. To be enforceable, the terms in the lease must not be prohibited by statute or law. 

Types of Tenancy:

1.      Periodic tenancy
- The most common type of tenancy is a periodic tenancy, for example, a week-to-week or month-to-month tenancy. A periodic tenancy is automatically renewed unless either the landlord or the tenant gives written notice to terminate the tenancy at least 20 days prior to the end of the month. The tenancy cannot be terminated in the middle of any month unless the landlord agrees. Similarly, the landlord cannot terminate the tenancy except at the end of the month and only after twenty 20 days’ prior written notice to the tenant. Every state has its own laws in regard to termination periods. Usually, they range from as little as 20 days to as much as 90 days. 

 

2.      Specific term tenancy
- Another type of tenancy, usually called specific term tenancy, is for a “definite period of time”. For example, a lease for one year or a lease for 90 days.  This type of agreement should be in writing and, if for longer than a one-year term, the signatures of the landlord and tenant should be witnessed. The tenancy automatically terminates at the end of the specified rental period. Neither the rent nor the other rules of the tenancy may be changed during the specified period, except by agreement of both the landlord and the tenant.

Rights and Duties of Tenants: 

With
commencement of rental/ lease agreement, a tenant typically gets right of exclusive possession of the property, which means that even though the landlord owns the property, the tenant have the right to privacy, which is called “quiet enjoyment” of the premises. It means that the landlord may not enter or hinder the property without legal authority. The Tenants also have the right to a “habitable” home. This means that the property must be safe and sanitary. The property must have proper wiring, plumbing, heating and weatherproofing, when tenant moves in and it must be maintained throughout the rental period.

Along with such rights, tenants have specific responsibilities and duties and hence tenants must: 

 

1.     pay rent in time;

  1. keep the premises clean and sanitary;
  2. not damage or permit damage to the unit;  
  3. dispose of garbage;  
  4. properly use fixtures and appliances;  
  5. restore the property to its initial condition, except for normal wear and tear on termination of tenancy;  
  6. comply with the rental/ lease agreement and all applicable laws.  

If a tenant fails to maintain the premises, the landlord may:  

  1. Evict the tenant. 
  2. Make repairs and bill the tenant. 
  3. Sue the tenant for damages or to force compliance with the rental agreement.

Rights and Duties of Landlords: 

When landlord rent any property to another person, he enters into a legal contract known as a landlord-tenant relationship. This contract has certain basic conditions set by law. A landlord has the right to receive rent for the use of his property. He also has the right to have his property returned undamaged at the end of the rental agreement. It should be returned in the same condition it was handed over, except for normal wear and tear. 

The landlord must provide and maintain the rented premises, and must obey the rules of the rental agreement. The landlord (or his/her representative) must be accessible to the tenant and must:

  1. keep the premises up to code;  
  2. maintain the roof, walls and structural components;  
  3. keep common areas reasonably clean and safe;  
  4. provide a reasonable program for control of pests; 
  5. provide necessary facilities to supply heat, electricity, and hot and cold water;  
  6. provide reasonably adequate locks;  
  7. maintain appliances furnished with the rented premises; and  
  8. comply with any duties imposed by local laws. 

    9.  

If a landlord fails to perform his or her duties, following remedies may be available to the tenant:

 

  1. The right to terminate the rental agreement and move out after giving written notice to the landlord. 
  2. The right to initiate litigation or arbitration proceedings.  
  3. The right to make limited repairs and deduct their cost from the rent. 

Residential Evictions: Landlord cannot legally evict tenant by changing locks or stopping utility services, taking tenant’s belongings, or by the threat or use of force. Various penalties exist for violating these protections. 

 

In order to evict a residential tenant,Most states require that the landlord give the tenant a written notice before starting the eviction proceedings. Most states require the following types of notice: 

 

1.      30 days notice with or without cause;  

2.      72-hour or 144-hour notices for non-payment of rent; and  

3.      24-hour notices for outrageous or dangerous conduct. 

If tenant is still in the rented premises after the end of the period specified in the notice, the landlord may then file suit for eviction. The court proceeding is quite speedy; its main purpose is to determine whether tenant has the legal right to keep living in the rented premises when landlord wants him to move. 

To file a suit for eviction, landlord needs to fill a complaint form and deposit the same in the court with copy of eviction notice and filing fee. In case landlord cannot afford the filing fee, he or she may ask the court to waive or postpone payment of the fee by filing a separate form.   

Once the complaint and the filing fee or deferral is filed in court, a preliminary hearing called a first appearance is scheduled. The first appearance is held seven days after the tenant is sent a copy of the summons and complaint. The summons and a copy of the complaint is sent within one business day through mail and also personally delivered to tenant. In case, tenant is not available at rented premises, summons is pasted at the entry. 

The purpose of the first appearance is to determine whether tenant has a legal right to remain in the rented premises. If tenant does not show up, landlord should get an order giving him or her possession of the property. If landlord does not show up, the case should be dismissed. If both sides show up, the judge will want to know if tenant intend to move, if tenant and the landlord have settled the case, or if tenant want a trial. In some counties, the court will ask tenant and the
landlord to work with a court mediator to work out differences.   

To contest the case, tenant must appear in court in first appearance and file a form called “answer”. This form lists a number of possible reasons tenant may be able to win the eviction. When filing an answer, tenant must pay a filing fee or the deferral. 

Along with showing the court reasons tenant should not have to move, he or she may also bring up claims against landlord called counterclaims. It is advisable to contact an attorney before attempting to bring a counterclaim in an eviction. If the tenants wish to counterclaim or withhold rent, court may require him to pay upcoming rent directly to the court. Also, the court may require him to pay rent into court as a condition of granting a postponement of the trial for longer than two days.

Except for their speed, eviction trials are handled just like other civil trials. Either side may request a jury. If the tenant wins, the tenant is allowed to stay in the rented premises and may recover a judgment from the landlord for any money the court decides is owed to the tenant. If the landlord wins, the judge will order the tenant to move by a certain date. The judge may order the losing side to pay the winning side’s court costs and legal fees. 

Tenant Privacy and Landlord Access 

Tenants
are entitled to exclusive possession to rented premises with the right to privacy. However, landlords have some strict duties and rights towards the rented premises. To help balance a tenant’s right of privacy with a landlord’s duties and rights, there are rules about when and how landlords can enter rented premises. Landlord must give 24 hours’ advance notice before entering rented property. 

There
are some exceptions to the 24-hour rule. In an emergency – such as a fire or burst water pipe or other problems that may cause serious damage if not dealt with immediately – a landlord may enter the unit without permission. If landlord makes an emergency entry when tenant is not at the premises, he or she must tell tenant within 24 hours what the emergency was, when it happened and the names of the people who entered. 

Another
exception to the 24-hour rule occurs when tenant ask in writing for specific repairs. Unless tenant’s notice lists specific times when landlord and the workers can enter, the landlord generally has a seven-day period to make the repairs without giving tenant any advance notice. After seven days, landlord must give 24 hours’ advance notice before coming into rented premises to make the repair. If a repair person is someone other than the landlord, tenant can ask for written authorization from landlord for that person to come into rented premises. 

Another
exception to the 24-hour rule is if tenant and landlord agree that less notice or no notice is required before a particular entry. This agreement can only cover any particular situation; it does not mean landlord can enter with less than 24 hour notice in other
situations. 

If landlord reasonably believes tenant moved away permanently or abandoned the rented premises, he or she may enter it. 

If
landlord enters without notice or permission, behaves unreasonably while in rented premises, or harasses you by repeatedly demanding to enter, tenant can ask for court protection. In these situations, tenant can obtain a court order restraining landlord from these illegal acts. Tenant may be entitled to further damages as well, such as attorney fees and a penalty equal to one month’s rent. If tenant think landlord has entered unlawfully, he or she should call an attorney for advice.  

Attorneys specializing in landlord-tenant law: 

Landlord-tenant law is a highly complex and technical field of law. Attorneys specializing in landlord-tenant law have insight and knowledge in areas
such as concerned statute law, common law and contract law. 

Attorneys who practice landlord-tenant law help clients by giving proper advice on the issues of rental agreement, eviction, unauthorized access of landlord to rented premises, filing complaint, or defending you in court.  

 

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