Chapter 27: Tenant and Landlord Relations

I. Tenancy

  • Lease- contract between tenant and landlord outlining terms of rental agreement.
  • Lessee- Tenant
  • Lessor- Landlord

II. Types of Tenancy

  • Tenancy– interest or the right to use real property
  • Tenancy for years– right to occupy property for a fixed period of time (1-99 years). Mostly used for business lease agreements.
  • Periodic Tenancy– rights to us real property that automatically renews itself after the agreed upon period of time has been established. Month to Month, Year to Year, Week to Week.
    • Mostly used for consumer rental agreements where the agreement automatically renews itself at the end of the month.
  • Tenancy at Will– interest in real property for an indefinite period of time. (a relative stays at your home)
    1. No written agreement
    2. Termination of tenancy must follow each states statutes (eviction 90 days)
    3. Must give proper 30 day notification
  • Tenancy at Sufferance– When a tenant wrongfully remains in possession of the premises after the agreed upon tenancy expires.
    • Also known as a “Holdover Tenant”

III. The Lease Agreement

  • Covenants of a Lease– promises or agreements made by landlord and tenant.
    1. General Covenants
      • Your basic needs of an apartment/building
    2. Decoration and Repairs
      • Warranty of Habitability- premises must have essential needs.
      • “Waste” excessive damage to the property by the tenant. Security deposit may be held to pay fault
    3. Assignment
    4. Subletting
    5. Security Deposits
    6. Destruction by fire
    7. Termination of the Lease

IV. Breach of Lease/Remedies

  • Breach: termination of lease by one party.
    1. Failing to pay rent- tenant
    2. Failing to provide services- landlord
  • Remedies:
    • Eviction: the right to deprive a tenant of physical possession of the premises through a court order/sheriff department.
      • 90 Days to process eviction
      • Disposition proceedings
      • Summary Proceedings
      • Summary Ejectment
    • Construction Eviction:
      • Remedy for the tenant- if the landlord deprives a tenant of the basic services such as water, electric, etc. and the premises become inhabitable, then constructive eviction can be filed by the tenant. The lease agreement will be terminated immediately and the tenant can leave with no monetary obligations to the landlord.

V. Laws Affecting Landlords and Tenants

  • Habitability- presence must be fit for human habitation. If the landlord does not maintain the premises properly he/she could be sued for “Breach of Habitability”.
  • Rent Control- many communities are considered rent control areas. Rent is under control under federal statues and can not be increased over a certain amount each year.
  • Anti-Discrimination Laws- can not refuse to lease to an individual due to their race, religion, color, or nation of origin.

VI. Tort Liability

  • Tenants Responsibility- all dwelling  space in the rental area.
  • Landlords Responsibilitys

VII. Removal of Fixtures by a Tenant

  • Fixtures- any type of personal property that changes to real property due to it be fixed in the dwelling. Can not be removed unless replaced by similar figure.

 

 

 

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