Landlord tenant laws govern the relationship and protect the rights of both landlords and tenants in a rental or lease agreement. Understanding these laws is important to protect your rights as a landlord or a tenant.
Generally landlord tenant leases have language which requires the landlord to maintain the rental property. Landlord tenant laws govern what can be included in an agreement and sometimes landlords will include language that will not be upheld if disputes. A good landlord tenant attorney can interpret the language of the lease agreement in terms of the state and federal contract and property laws that would apply. The landlord also must provide rental property that complies with housing codes and maintains compliance with housing codes. Tenants must pay rent regularly take care of the property and comply with other specific terms, such as no pets, if expressly stated in the lease.
Disputes generally arise when one of the parties breaches the lease agreement or fails to comply with state or federal contract or property laws. You should always consult an attorney before taking actions to remedy a perceived breach of contract or law against a landlord or a tenant.
Common Tenant Claims against a Landlord
- Forcible Entry – Landlords can only use lawful means to remove a tenant from the premises. Where a landlord uses unlawful means to remove a tenant, the tenant can have a claim for money damages against the landlord. Forcible entry is where a landlord use self-help, or unlawful means to remove a tenant. Unlawful means can include changing the locks, turning off the utilities, etc. without a court order.
- Quiet Enjoyment – A tenant is entitled to quiet enjoyment of the leased property. Under a lease the landlord retains legal title to the property, but the tenant obtains possession. The landlord must respect the tenants right to possession.
- Repair and deduct. Where a landlord does not comply with his or her responsibility to repair and maintain the rental unit, a tenant must notify the landlord in writing and give the landlord a reasonable amount of time to fix any defect. If the landlord takes no action in a reasonable amount of time, the tenant may hire a repairman and deduct payments to the repairman from the next rent payment.
- Constructive Eviction – Where the landlord fails to meet basic maintenance and repair requirements to the point where the tenant can no longer live on the premises, the tenant may have a constructive eviction claim. In order to claim a constructive eviction, the tenant must notify the landlord in writing, and provide a reasonable time for the landlord to correct the defects. If the defects are not corrected in a reasonable amount of time, the tenant can move out.
Common Landlord Claims against a Tenant
- Unlawful detainer – an unlawful detainer is where a tenant remains on the property following the termination of the lease.
- Forcible Detainer –
- Eviction – Where a landlord prevails on an unlawful detainer or forcible detainer action, the court will issue a Writ of Restition and a sheriff can evict the tenant from the property.
Governing Rules
- Lease or Rental Agreement
- Uniform Residential Landlord and Tenant Act
- Model Residential Landlord-Tenant Code