Landlord–tenant law
Landlord–tenant law is an essential branch of property law that governs the relationship between property owners (landlords) and renters (tenants). These laws are designed to protect the rights of both parties, ensuring that landlords can safeguard their investments while tenants have access to safe and habitable living conditions. In various jurisdictions, landlord-tenant laws encompass a wide range of issues, including the terms of lease agreements, security deposits, eviction procedures, and maintenance responsibilities.
Landlords have specific obligations, such as collecting rent, conducting repairs, and following legal protocols for tenant eviction. Conversely, tenants must adhere to the terms of their lease, which may include paying rent on time and maintaining the property. It's crucial for both landlords and tenants to understand their legal rights and responsibilities, as these laws create a framework for resolving disputes that may arise during the tenancy.
Additionally, landlord-tenant laws often include provisions that prevent discrimination and ensure that rental properties meet safety and health standards. Written lease agreements are recommended to clarify expectations and minimize misunderstandings. By comprehending these laws, both parties can foster a more respectful and functional rental relationship.
Landlord–tenant law
Landlord-tenant law is a type of contract and property law that applies to both real estate owners and renters. It covers both commercial and residential properties. Landlords need laws to ensure their investments are protected, while renters need laws to protect their rights when leasing properties. These laws are very important in landlord-renter relationships to ensure that both sides adhere to the lease agreement. While federal, state, and local laws vary, landlord-tenant laws generally include guidance on lease contracts, deposits and rent, eviction procedures, repairs, and other issues.
Background
A landlord, also called a lessor, is a person or company who owns a piece of real estate, such as a house, an apartment, or a commercial building, and rents or leases this space to another individual. Landlords' duties may include selecting a tenant, performing a background check, making needed repairs in the rental unit, collecting rent and other deposits, evicting a tenant, and terminating or extending lease agreements, among other tasks. They may hire a property manager or resident manager to manage some or all of these duties, especially if they own and lease multiple properties. Sometimes landlords (or property/resident managers) live in rental buildings as some states require on-site property management. Landlords must adhere to local, state, and federal landlord-tenant laws. If they do not comply, they risk legal problems that can have serious financial consequences on their businesses and them personally. These laws also protect landlords in cases when tenants do not uphold their end of a lease agreement.
A tenant, also called a renter or lessee, is an individual (or multiple people) who has entered into a legal rental agreement to lease a property, such as an apartment, a house, or a commercial space. Tenants are responsible for maintaining their end of the agreement by paying rent on time, following rules, not destroying property, and finishing out the lease. Landlord-tenant laws protect tenants' rights in cases in which landlords do not honor their end of a lease agreement or provide safe and adequate housing. However, tenants can be held legally responsible for their actions under these laws.
Overview
Understanding landlord-tenant law is just as important for landlords as it is for tenants. The laws protect both sides and give them guidance on what to do if the terms of the agreement are not followed. Landlords should be well versed in how to rent out a place, collect rent and deposits, fix items that break, and resolve issues that arise. They should understand fair housing laws, tax codes, and eviction procedures. Tenants should know their rights to ensure the places they rent are safe, receive deposits back at the end of a lease, and understand rules, such as knowing whether they can have pets or sublet their apartments.
A lease agreement outlines the landlord-tenant relationship and protects both parties. In many states, oral agreements are allowed, but these are usually reserved for short-term leases. Landlords and tenants should sign written agreements to ensure no misunderstandings arise. No two written lease agreements are the same, but they generally contain the following information:
- names and contact information of the landlord and all tenants
- address of the rental property
- date the lease begins and ends
- amount of rent and due date
- amount and terms of security deposits and other fees, including rules regarding their return when the lease ends
- how rent and deposits will be paid, such as in cash or by check
- rules regarding pets
- rules regarding subletting or adding roommates
- other agreed-upon rules, such as parking, snow removal, appliance repair, and so on
Landlord-tenant laws protect potential tenants from being discriminated against by a landlord. Landlords cannot legally refuse to rent to someone because of their “race, color, religion, national origin, sex (including gender identity and sexual orientation as outlined by Executive Order 13988 of 2021), age, familial status (having children), and physical or mental disability” (including active or past substance use disorders). Some states also specify discrimination protections for tenants based on marital status and source of income. The Fair Housing Improvement Act of 2023 extended federal protections based on source of income and veteran or military status.
Some retirement communities can legally set age restrictions. Additionally, landlords can refuse to rent to individuals who smoke because it is not a protected class. Landlords with policies against pets can not refuse to rent to individuals because they have guide dogs, therapy dogs, or other service animals. They are prohibited from charging pet rent or deposit fees for such animals and can not enforce weight or breed restrictions on the service animal.
Other tenant rights include the landlord's providing a private, safe, and habitable property. Rental properties must meet strict safety and health guidelines. For example, rental units must not contain hazards such as holes in the floor, poor electrical wiring, or lead paint. They should be free of vermin. Landlords cannot enter a rental property without the permission and knowledge of the renter. In addition, landlord-tenant laws prevent landlords from including certain information on lease agreements, including waivers of rights, such as the ability to sue a landlord or receive back deposits.
Landlord-tenant laws address security deposits. A security deposit is an upfront cost that is paid by the tenant to the landlord to cover unpaid rent or damages caused by the tenant (or pets, if allowed). Laws regarding limits on deposits exist; some states impose limits, while others do not. Landlords typically use security deposits to cover unpaid rent, repairs, and cleaning costs after a tenant moves out and then refund any remaining money to the tenant. Laws require landlords to provide lists detailing what the deposit covers. They must repay security deposits not used for these purposes in a timely manner, such as one month after the tenant moves out of the apartment. Usually, lease agreements outline rules regarding security deposits to eliminate any disputes that may arise.
Landlord-tenant laws protect landlords' investments and properties. Tenants cannot destroy properties and disregard rules laid out in the lease agreement. They must honor the length of the lease and pay rent on time. Laws give landlords the right to evict tenants who do not pay rent or other fees agreed upon in the lease agreement (such as utility bills) or renters who do not follow certain rules, such as owning a dog when the lease does not allow pets. Individuals with service animals can also be evicted if their animal causes extensive damage to the property or becomes disruptive for other tenants. Renters can be evicted for violating the law, such as being arrested for selling drugs. Landlords have strict guidelines for evicting tenants and may be required to go to court; they should familiarize themselves with eviction laws in their individual municipalities or states.
Bibliography
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McCall, Melissa. "Tenants' Rights and Fair Housing Laws." FindLaw, 27 Oct. 2021, www.findlaw.com/realestate/landlord-tenant-law/your-rights-as-a-tenant.html65.html. Accessed 2 Jan. 2025.
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