Landlord Tenant

Landlord-tenant laws govern the relationship, rights, rules, and responsibilities of the parties to a residential rental agreement. Each state has enacted specific landlord tenant rights that are significantly different. Laws vary from what is required in a rental listing, how to conduct tenant screening, lease terms, and many other aspects. Statutes protect both landlords and tenants. Here are only a few important landlord tenant topics:

• Legal Lease Documents: Providing a lease agreement and any other legal paperwork is all part of a landlord’s duties. It is a landlord’s responsibility to ensure the rental contract is legally written and abides by all laws. Leasing periods, monthly rental rates and tenant names must be clearly indicated.

• Security Deposits: Most lease agreements require a tenant to pay a security deposit to cover damage caused by the tenant or if a tenant does not pay rent. A landlord may only keep security deposit funds in specific situations. 

• Making Repairs: Tenants have the responsibility of reporting any repairs to the leased property. The type of repairs should be outlined in the lease agreement. A tenant may be within their rights to withhold rent money for certain repairs that affect health or safety.

• Discrimination: Whether you are advertising your property, screening new tenants, or setting rules for your property, a landlord must comply with Fair Housing laws by not excluding some people and not others.

• Tenant’s Right to Privacy: Most landlord-tenant laws protect a tenant’s right to quiet enjoyment – meaning they have the right to live in leased property without being disturbed. In general, a landlord may not interfere with this right.

• Abandoned Tenant: When a tenant vacates the leased property and leaves items behind, the landlord must treat the items within law. There are multiple circumstances that may or may not allow a landlord to sell or dispose of abandoned property. 

• Evictions: An eviction is a legal action by a landlord to remove a tenant from a rental property. Every state has laws that govern the eviction process. A landlord may evict a tenant many different reasons – nonpayment of rent, failure to vacate after a lease has expired, violation of the lease agreement, or damaged caused to property. Before a tenant can be legally removed from the property, a landlord must go through the legal eviction process.

Landlord-tenant laws change often, so it is always a good idea to re-evaluate your rental business’s policies and seek legal counsel. Attorneys at the Law Office of Joseph Williams, can provide assistance regarding landlord-tenant laws.