Kara Sears
Landlord-tenant law is a legal concept that defines the rights and duties of landlords and tenants. It covers the rental of residential and commercial properties, lease terms, termination, tenant screening, subleasing, repairs, and eviction procedures. The laws vary depending on the state, county, and city, with different levels of protection for tenants and landlords. Tenancy refers to the temporary arrangement where a tenant is granted the right to occupy and use a property owned by a landlord for a specified period under agreed-upon terms and conditions. This can be in the form of a written contract or determined by the conduct of the parties involved.
| Characteristics | Values |
|---|---|
| Nature of tenancy | Temporary |
| Fixed-term | |
| Periodic | |
| Tenancy at will | |
| Tenancy at sufferance | |
| Rights and duties | Right to occupy |
| Right to sublet | |
| Right to privacy | |
| Right to safe and habitable housing | |
| Right to non-discrimination | |
| Right to withhold rent or move out | |
| Right to security deposits | |
| Right to terminate | |
| Right to negotiate | |
| Duty to deliver possession | |
| Duty to make repairs | |
| Duty to pay rent |
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Landlord–tenant law
Leases, or rental agreements, are the legal documents that outline the terms and conditions of the tenancy, including rent, duration, and responsibilities. Leases must include certain provisions to be valid, such as the parties involved, the premises, and the term of the lease. The lease term can be indefinite but must be stipulated as such, and it is not legally required to include the price of rent. However, in a commercial lease, the cost of rent must be outlined.
There are different types of tenancies, including fixed-term tenancies and periodic tenancies. Fixed-term tenancies have a definite start and end date and are often used for long-term residential or commercial leases. Periodic tenancies run from period to period (e.g. month-to-month) with no fixed end date, continuing until either party gives notice. Tenancy-at-will is another type of tenancy where a tenant occupies a property with the landlord's permission but without an official contract or written agreement.
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Rights and duties
Landlord-tenant law deals with the rights and duties of landlords and tenants. In common law legal systems, landlord-tenant law includes elements of the common law of real property and contract law. In modern times, it is frequently governed by statute.
Tenancy refers to the arrangement where a tenant is granted the right to occupy and use a property owned by the landlord for a specified period, under agreed-upon terms and conditions. The tenant has the right to occupy the property, and the landlord may only enter under certain circumstances, such as to make repairs, inspect the property, or show it to prospective tenants or buyers. The landlord must provide the tenant with habitable housing that complies with local building codes, and in some states, tenants have the right to cancel the lease and move out if there are serious defects that the landlord fails to repair within a reasonable time.
Leases must include certain provisions to be valid, such as the parties involved, the premises, and the term of the lease. The lease term can be indefinite but must be stipulated as such. Leases may also include the price of rent, although this is not legally required. Tenants have the right to sublet their rental property, but this is subject to the terms of their lease agreement and local laws, and landlords can refuse subletting requests.
Tenants have a duty to pay rent on time and abide by the terms of their lease, while landlords have a duty to deliver possession of the property to the tenant at the beginning of the lease and not interfere with the tenant's possessory rights. In the US, the Uniform Residential Landlord and Tenant Act codifies many of the rights and duties of landlords and tenants.
Different types of tenancies confer different rights and duties on landlords and tenants. For example, fixed-term tenancies provide more security and stability, while periodic tenancies, which run from period to period with no fixed end date, can be ended by either party giving notice. Tenancy-at-will is another type of tenancy where the tenant occupies the property with the landlord's permission but without an official contract, and either party can end the arrangement easily.
It is important to note that tenancy laws for commercial properties differ from those for residential properties, with the latter providing more protections for tenants. Additionally, states, counties, and cities may have different laws and levels of protection for tenants and landlords.
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Types of tenancies
When it comes to tenancy, there are various types of tenancies to be aware of, each with its own unique implications for landlords and tenants. Here is an overview of some of the most common types of tenancies:
Periodic Tenancy
The most common form of periodic tenancy is a month-to-month agreement, where tenants pay rent on a specified due date each month to remain in occupation for another month. Periodic tenancies can also be quarterly, annually, or any other length of time agreed upon by both the landlord and tenant. However, landlords can terminate these agreements at any time by providing appropriate notice as stipulated by state laws.
Fixed-Term Tenancy
Fixed-term tenancies offer more security and stability to both landlords and tenants. This type of tenancy involves a set lease term, providing a clear timeframe for the rental agreement. While it offers stability, it may be more challenging for landlords to terminate the agreement early without cause.
Tenancy at Will
Tenancy at will, also known as tenancy at sufferance, arises when a tenant occupies a property with the landlord's permission but without a formal contract or written agreement. This type of tenancy provides flexibility as either party can terminate it with relative ease. Tenants at will do not have fixed rental terms and can stay as long as the landlord allows.
Tenancy in Common
Tenancy in Common refers to shared ownership of a property, where two or more parties own the property jointly. Each tenant in common may own a different percentage of the property, and their ownership interests can be acquired through separate instruments. Upon the death of one tenant in common, their share can be bequeathed to anyone they choose, rather than automatically going to the surviving tenants in common.
Joint Tenancy with Right of Survivorship (JTWROS)
JTWROS is a form of joint tenancy where all co-owners have equal rights and ownership interests in the property. When a joint tenant passes away, their ownership interest automatically transfers to the surviving joint tenants in equal shares. One benefit of JTWROS is that it avoids the probate process when a co-owner passes away. Additionally, a joint tenant can transfer or sell their ownership interest without the approval of the other joint tenants, but their interest then becomes a tenancy in common, severing the right of survivorship.
Tenancy by Entirety (TBE)
TBE is a form of joint tenancy specifically for married or civilly united couples. Each spouse owns an equal share of the property, and upon the death of one spouse, their ownership interest automatically transfers to the surviving spouse. TBE offers protection from creditors, as any liens on the property by a spouse's creditors do not pass to the surviving spouse upon the death of the debtor spouse.
These are just a few examples of the types of tenancies that exist. Each type of tenancy comes with its own set of rights, duties, and obligations for landlords and tenants, so it is important to understand the specifics of each before entering into a rental agreement or property ownership arrangement.
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Lease terms
State laws govern security deposits, defining maximum amounts and time periods for returning the deposit. Security deposits are often equal to one month's rent. Lease terms should identify when and under what conditions the landlord can enter the tenant's rental unit. Most state laws require proper written notice at least one day in advance. Both the landlord and the tenant have responsibilities to maintain the premises. The lease should spell out the obligations of both parties. For example, tenants typically have a duty to complete necessary repairs to damage not caused by them (such as repairing a leaky roof or fixing a heater). The lease should clarify that the tenant must contact the landlord for repairs as soon as they become aware of a problem. The tenant should have the landlord's contact information to ensure timely completion of repairs.
Tenants and landlords can often resolve issues amicably through communication. If either party faces circumstances that necessitate breaking the lease, it is advisable to negotiate the terms and explore options to avoid unnecessary penalties. Certain groups are protected by law, allowing for more flexibility. For example, under the Servicemembers Civil Relief Act, members of the military can break their leases if they receive active-duty orders requiring them to relocate for more than 90 days.
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Termination
The termination of a tenancy agreement can occur in several ways, depending on the type of tenancy and the laws of the relevant jurisdiction. In the US, tenancy laws vary across states, counties, and cities, with different levels of protection for tenants and landlords.
Fixed-Term Tenancy
Fixed-term tenancies offer more security and stability to both tenants and landlords due to their definite start and end dates. To terminate this type of tenancy, the tenant or landlord must typically provide notice as stipulated in the state's laws. The length of notice required is generally expected to be at least equal to the tenancy period itself. For example, a monthly tenancy would require a month's notice for termination.
Periodic Tenancy
Periodic tenancies, such as month-to-month agreements, can be terminated at any time by either party. However, appropriate notice, as specified by state law, must be given. Tenants-at-will fall under this category, where the tenancy continues as long as both parties are willing. Either the landlord or tenant can end this type of tenancy by providing notice, typically 30 days or one month, whichever is longer.
Statutory Tenancy
Statutory tenancy, or tenancy at sufferance, arises when a tenant remains in a property after their lease has expired. In this case, the tenant still enjoys some protections under landlord-tenant laws, but their rights may vary depending on the jurisdiction. While a landlord can choose to allow the tenant to remain, they can also seek to terminate the tenancy by providing appropriate notice and following the legal eviction process.
Both tenants and landlords have rights and responsibilities regarding termination. Tenants have the right to occupy the rented property, and landlords can only enter under specific circumstances, such as with the tenant's permission or in the case of an emergency. Landlords are generally required to provide habitable housing that complies with local codes and building standards. If a landlord fails to address serious defects that may harm health or safety, tenants may have the right to cancel the lease and move out after seeking appropriate legal counsel. In some cases, tenants may be able to withhold rent or sue for damages. On the other hand, tenants can be evicted for violating lease terms, failing to pay rent, or if the lease ends and the landlord chooses not to renew it.
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Frequently asked questions
Tenancy is a term used in property law to describe the arrangement where a person (the tenant) is granted the right to occupy and use a property owned by another person (the landlord) for a specified period, under agreed-upon terms and conditions.
Landlord-tenant law is the field of law that deals with the rights and duties of landlords and tenants. It includes lease terms and termination, tenant screening, subleasing, repairs, and eviction procedures.
There are two main types of tenancies: fixed-term tenancies and periodic tenancies. Fixed-term tenancies have a definite start and end date, while periodic tenancies run from period to period (e.g. month-to-month) with no fixed end date. Another type of tenancy is tenancy at will or tenancy at sufferance, where a tenant occupies a property with the landlord's permission but without an official contract or written agreement.
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