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.
