Landlord Tenant Law | Leases | Evictions | Security Deposists
Landlord Tenant Law
Landlord Tenant law governs the rental of
commercial and residential property. It is composed primarily
of state statutory and common law. A number of states have
based their statutory law on either the Uniform Residential Landlord
And Tenant Act (URLTA) or the Model Residential Landlord-Tenant
Code. Federal statutory law may be a factor in times of national/regional
emergencies and in preventing forms of discrimination.
The basis of the legal relationship between a landlord and tenant
is grounded in both contract and property law. The tenant has
a property interest in the land (historically a non-freehold
estate) for a given period of time. See Real Property. The length
of the tenancy may be for a given period of time, for an indefinite
period of time, (e.g., renewable/cancelable on a month to month
basis), terminable at any time by either party (at will), or
at sufferance if the agreement has been terminated and the tenant
refuses to leave (holds over). If the tenancy is tenancy for
years or periodic the tenant has the right to possess the land,
to restrict others (including the landlord) from entering upon
it, and to sublease or assign the property. The landlord-tenant
agreement may eliminate or limit these rights. The landlord-tenant
agreement is normally embodied in a lease. The lease, though
not historically or strictly a contract, may be subject to concepts
embodied in contract law.The landlord-tenant relationship is
founded on duties proscribed by either statutory law , the common
law, or the individual lease. What provisions may be contained
in a lease is normally regulated by statutory law. Basic to all
leases is the implied covenant of quiet enjoyment. This covenant
ensure the tenant that his possession will not be disturbed by
someone with a superior legal title to the land including the
landlord. A breach of the covenant of quiet enjoyment may be
actual or constructive. A constructive eviction occurs when the
landlord causes the premises to become uninhabitable.
Housing codes were established to ensure that residential rental
units were habitable at the time of rental and during the tenancy.
Depending on the state, housing code violations may lead to administrative
action or to the tenant being allowed to withhold rent. The habitability
of a residential rental unit is also ensured by warranties of
habitability which are prescribed by common and/or statutory
law. A breach of the warranty of habitability or a covenant within
the lease may constitute constructive eviction, allow the tenant
to withhold rent, repair the problem and deduct the cost from
the rent, or recover damages.
Unless the lease states otherwise there is an assumption that
the tenant has a duty to pay rent. State statutes may provide
for a reasonable rental value to be paid absent a rental price
provision. In commercial leases rent is commonly calculated in
part or whole as a percentage of the tenants sales. Rent acceleration
clauses that cause all the rent to become due if the tenant breaches
a provision of the lease are common in both residential and commercial
leases. Summary eviction statutes commonly allow a landlord to
quickly evict a tenant who breaches statutorily specified lease
provisions. Self-help as a method of eviction is generally restricted.
Some states do not even allow it for tenants who have held over
after the end of a lease. Landlords are also restricted from
evicting tenants in retaliation of action the tenant took in
regards to enforcing a provision of the lease or applicable law.
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LEASES
The lease is the legal agreement, or contract, between the landlord
and tenant and is therefore the most important document in the
landlord tenant relationship. The lease spells out the tenant's
rights, and allows the tenant to use the property for a specified
period of time. The lease sets the terms, the rent amount, the
length of the tenancy, and all the other rules.
EVICTIONS
Also known as "unlawful detainer," an eviction is the legal
process whereby a landlord forces a tenant to move out of the
property.
An unlawful detainer is treated as a civil criminal proceeding
because the code describing unlawful detainer states a "tenant
is guilty" of this offense, not just liable as in civil cases.
Even if a tenant moves and pays the judgment amount, the "conviction" remains
on the record for 7-10 years
SECURITY DEPOSITS
Landlords routinely require a Security Deposit to be posted
as a condition of the rental agreement. In California, for residential
tenancies, a Landlord may charge up to two times the monthly
rent for unfurnished and up to three times the rent for furnished
rental units.
The deposit is held until the Tenant moves out. The money is
then supposed to be refunded within 21 days of moving out, less
deductions for rent owing and charges for cleaning or repairing
damages caused by excessive wear and tear. The deposit generally
transfers to successive owners. A non-refundable deposit is not
allowed. Thus, it is refundable no matter what the contract says.
