Landlord-

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CHAPTER 46
Landlord- Tenant
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Quote of the Day

• A house she hath, tis made of such good
  fashion,
• The tenant shall neer pay for reparation,
• Nor the landlord ever raise her rent,
• Or turn her out of doors for nonpayment
• From chimney tax, this cell is free,
• To such a house who would not a tenant be?
• Epitaph for Rebecca Bogess,
• Folkestone, England, 1688

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Landlord-Tenant Relationship

• When an owner of a freehold estate allows another
  person temporary, exclusive possession of the
  property, the parties have created a
  landlord-tenant relationship.
• Three legal areas are combined
• An interest in real property is conveyed.
• A lease is a contract.
• Negligence law may be involved also.

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Lease

• The statute of frauds generally requires that a
  lease be in writing.
• Some short-term oral contracts may be
  enforceable, but a written contract is clearer
  and safer.
• A written contract usually includes covenants
  (promises) from the landlord and the tenant
  these details are determined by the parties.

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Types of Tenancy

• Any lease for a stated, fixed period is a tenancy
  for years.
• A periodic tenancy is created for a fixed period
  and then automatically continues for additional
  periods until either party notifies the other of
  termination.
• A tenancy at will has no fixed duration and may
  be terminated by either party.
• A tenancy at sufferance occurs when a tenant
  remains on the premises, against the wishes of
  the landlord, after the expiration of a true
  tenancy.

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Landlords Duties

• The landlords first important duty is to deliver
  possession.
• The English rule obligates the landlord to
  remove a previous tenant if he does not leave
  willingly.
• The American rule allows the new tenant to
  either evict the old tenant, or collect rent from
  her.

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Quiet Enjoyment

• All tenants are entitled to the right to use the
  property without the interference of the
  landlord.
• Actual Eviction
• If a landlord prevents the tenant from possessing
  the premises, he has actually evicted her.
• Constructive Eviction
• If a landlord substantially interferes with the
  tenants use and enjoyment of the premises, he
  has constructively evicted her.

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Duty to Maintain Premises

• A landlord has a duty to deliver the premises in
  a habitable condition and to maintain a habitable
  condition.
• Building codes may require stricter than normal
  standards for rental property.
• Implied Warranty of Habitability
• The implied warranty of habitability requires
  that a landlord meet all standards set by the
  local building code, or that the premises be fit
  for human habitation.

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Tenant Remedies for Defective Conditions

• Rent abatement a court ordered reduction in
  rent owed.
• Rent Withholding the tenant refuses to pay part
  or all of the rent, in proportion to the
  defective conditions.
• Repair and Deduct the tenant may, in some
  cases, have the repair made and deduct the cost
  from the rent.
• Suit for Damages in some cases, the tenant may
  file suit against the landlord.

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Duty to Return Security Deposit

• The landlord must return a security deposit
  within 30 days after a tenant vacates.
• If any of the deposit is withheld to pay for
  damage, a written accounting of the damage is
  required.
• If the landlord fails to comply, the tenant is
  entitled to double the deposit amount.

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Duties and Remedies

• Duty to Pay Rent this is the tenants foremost
  obligation.
• Landlords Remedies for Nonpayment of Rent
• Apply security deposit to rent.
• Sue tenant for non-payment.
• Evict tenant.
• Duty to Mitigate in most cases, the landlord
  must try to minimize losses by finding a new
  tenant quickly.

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More Duties and Remedies

• Duty to Use Premises for Proper Purposes
• Duty Not to Damage Premises
• A tenant is liable to the landlord for any
  significant damage he causes to the property.
• Duty Not to Disturb Other Tenants

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Change in the Parties

• Sale of the Property
• Generally, the sale of leased property does not
  affect a lease but substitutes one landlord,
  (purchaser), for another, (seller).
• Assignment and Sublease
• In an assignment, the tenant transfers all his
  legal rights and duties to a third party.
• In a sublease, the original tenant remains
  responsible for the lease, and the subleasee is
  responsible to the subleasor (original tenant),
  not to the landlord.

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Injuries

• Tenants Liability
• A tenant is generally liable for injuries
  occurring within the leased premises.
• Landlords Liability
• The landlord is generally liable for injuries
  occurring in common areas (such as a sidewalk)
  where the tenant has no control.
• Common law holds the landlord liable for latent
  defects and negligent repairs.
• A landlord can sometimes be held liable for a
  crime committed on the property.

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Landlord-tenant law combines property, contract
and negligence principles into one important and
fast-changing field.
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