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Landlord-Tenant

Landlord-Tenant Relationships

There are several types of landlord-tenant relationships, but the most common is the fixed-term tenancy. In a fixed-term tenancy, landlord and tenant agree on a fixed duration of time for the tenancy to last (a.k.a. a lease). A periodic tenancy is another type of tenancy that is measured by a set period of time (month to month, year to year or even week to week). To end a periodic tenancy, either the landlord or the tenant must give notice prior to termination. The amount of time need for notice varies from state to state. A tenancy-at-will is a type of tenancy in which either the landlord or tenant can end the tenancy without any notice.

Landlord & Tenant Rights and Responsibilities

As a tenant, you have several rights-some of which you may not know about. For example, every tenant has the right of possession, which means that as a tenant you have exclusive control over your leased property. In every lease agreement there is also an implied covenant of quiet enjoyment. This covenant protects your right to use the property without interference. The landlord guarantees that nobody else can claim a superior right to the property. There is also the implied warranty of habitability. Under this warranty, the landlord guarantees that the dwelling is suitable for living. In most states, this warranty guarantees that the property is up to code. Though neither of these terms may appear on the contract, they apply to every lease and they cannot be waived.

Tenant's Duties

Of course, being a tenant isn't a one way street. As a tenant, you also have several duties, including the duty to pay rent, the duty to keep the property in good repair and to prevent waste (prevent the property from diminishing in value) as well as a duty not to be a nuisance (in some instances, your landlord has the right to evict tenants who do not behave reasonably).

Landlord's Rights

Given the nature of the landlord-tenant relationship, the landlord is usually in an advantageous position over a tenant. While there are many laws to prevent landlords from taking advantage of this position, it doesn't mean landlords don't have rights. First and foremost, a landlord has the right to be paid rent, but this also includes the right to charge reasonable late fees and security deposits. Though your tenant may have exclusive control over the property, there are several exceptions that permit a landlord on to the premises such as to make repairs or in case of emergency. As a landlord, you also have a duty to make repairs when needed both on the leased property and any common areas that are under your control.

These are just some of the highlights and potential issues that arise in a landlord-tenant relationship. Every aspect of landlord-tenant law has some nuance or exception. Landlord-tenant law also covers such area as subleases, renewals, rent control, security deposits, evictions and discrimination. If you have having issues with your landlord or with one of your tenants, an attorney can help you determine the remedies available to you.