Facts About Landlord Tenant

Landlord-tenant laws affect both the person who leases and the person who rents property. Usually landlord-tenant disputes revolve around state and federal contract and property laws. Trying to interpret these laws yourself can lead to large, court-imposed fines if you're a landlord, or to bad marks on your credit report if you're a tenant. It's always a good idea to hire a lawyer to explain your rights and represent you in these matters.

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The typical dispute between a landlord and a tenant revolves around the lease or rental agreement. The lease usually has: the name or the landlord and tenant, the term of the lease, the amount of rent that must be paid, what happens during "default," the duties of the landlord and tenant with regard to maintenance, and what happens at the end of the term of the lease.

Some contracts may include provisions that explain who must pay lawyer fees in a lawsuit, if the tenant can have a pet and what happens if the building is sold during the life of the lease.

While leases may be written specifically for residential or commercial tenants, state and local laws are applied mainly for residential leases because the tenant is usually not as educated in the law. Landlords may try to add illegal clauses in their lease agreements. A landlord-tenant attorney will be able to interpret your contract and determine if it follows all applicable laws.

Under most leases, the landlord is responsible for maintenance of the rental property. He must fix any defects or problems. According to local laws, landlords must also deliver a rental property that complies with housing codes, and must maintain compliance with the housing codes.

If a landlord doesn't comply with this responsibility, the tenant must notify the landlord in writing, and give the landlord a reasonable amount of time to fix it. If no action is taken in a "reasonable amount of time," the tenant may hire a repairman to make the repairs, pay the repairman, and deduct the cost of the repair from the rent.

When the landlord is derelict in his duties to an extreme, he may create a constructive eviction situation. If the defects are bad enough where the tenant can no longer live in the rental property, it creates a situation where the tenant is actually evicted. In order to claim constructive eviction and forgo paying rent, the tenant must inform the landlord in writing. If the landlord doesn't correct the defects in a reasonable amount of time, the tenant can move out.

You should always consult an attorney before taking any such action. Making mistakes on any notice letters may hurt your chances should your landlord decide to sue for breach of contract. A landlord-tenant attorney will be able to help you take the best course of action.

While it may be familiar seeing a landlord evicting a tenant on a TV show, the law actually prohibits such action. In order for a tenant to be evicted, the landlord must go to court and prove that the tenant has violated the lease. If the court has issued an eviction notice, the police department will enforce the lease.

Landlord-Tenant Hot Topics

• Lease or rental agreement
• Uniform Residential Landlord and Tenant Act
• Model Residential Landlord-Tenant Code
• "Repair and Deduct"
• Constructive eviction
• The eviction process

Do you have questions about your landlord-tenant situation?

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