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Leases | Evictions | Security
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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.
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.
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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
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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.
Landlord Tenant Lawyers