Real Property Podcast Episode 6: Landlord-Tenant Law

Lease Agreements: Essentials and Types

Essentials: A lease agreement is a legally binding contract between a landlord (lessor) and a tenant (lessee) that outlines the terms and conditions of rental property use. Essential elements include the identification of parties, property description, rental term and amount, security deposit details, maintenance responsibilities, and clauses on renewal and termination. Clear articulation of these elements within the lease helps prevent disputes by ensuring both parties understand their obligations and rights.

Types:

Fixed-Term Lease: Specifies a start and end date. Common for residential rentals, it offers stability for both parties; the tenant agrees to stay and pay rent for the entire term, and the landlord cannot increase the rent or terminate the lease without cause.

Periodic Lease: Often month-to-month, this lease renews automatically at the end of each period until either party decides to terminate, providing flexibility but less stability than a fixed-term lease.

At-Will Lease: Less common, it allows either party to terminate the lease at any time, provided sufficient notice is given.

Sublease: Occurs when a tenant rents out the property to another individual under the terms agreed upon in their original lease. The original tenant remains responsible for lease obligations to the landlord.

Rights and Duties of Landlords and Tenants

Landlord’s Rights and Duties:

Right to Collect Rent and Security Deposits: Landlords are entitled to timely rent payments and can collect security deposits as insurance against damage or unpaid rent, subject to state laws limiting the amount.

Maintenance and Repairs: Landlords must maintain the property in habitable condition, complying with health and safety codes, and making necessary repairs.

Right to Enter: With proper notice, landlords can enter the property for inspections, repairs, or showings, respecting the tenant’s right to privacy.

Tenant’s Rights and Duties:

Right to Habitable Living Conditions: Tenants have the right to a safe and habitable living environment. Landlords are required to ensure that the property meets health and safety standards.

Privacy: Tenants are entitled to privacy, with landlords required to provide notice before entering the property, except in emergencies.

Obligation to Pay Rent and Maintain Property: Tenants must pay rent on time and keep the property in good condition, respecting the terms of the lease agreement.

Eviction Procedures

Eviction is the legal process by which a landlord may remove a tenant from rental property for reasons such as non-payment of rent, lease violations, or illegal activities. The process must adhere to state laws and include:

Notice: Landlords must provide written notice of the eviction reason and, in many cases, an opportunity to rectify the issue.

Court Action: If the tenant does not remedy the violation or voluntarily leave, the landlord can file an eviction lawsuit.

Court Judgment: A court hearing determines whether the eviction is justified. If so, a judgment is issued for the tenant to vacate.

Enforcement: If the tenant still refuses to leave, the landlord can obtain a court order for law enforcement to remove the tenant.

Rent Control and Housing Discrimination

Rent Control: Rent control laws limit how much landlords can charge for rent and how much rents can increase within a certain period. These laws aim to make housing more affordable but are subject to local jurisdiction and vary widely.

Housing Discrimination: Federal, state, and local laws prohibit discrimination against tenants based on race, color, national origin, religion, sex, familial status, or disability. The Fair Housing Act is a key federal law in this area, ensuring equal access to housing. Landlords must comply with these laws in all aspects of leasing and managing rental properties.

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