Landlord-Tenant Laws IN USA
TYPES
TERMS
Landlords should
familiarize themselves with rental law as it is relevant to every tenancy.
Every state has landlord-tenant law guidelines regarding what is and is not permitted in a
residential lease agreement. If you write or have someone else draw up a residential
lease that violates these statutes, a court could declare a particular clause,
portion, or the entire lease unenforceable. Additionally, the courts could
potentially award money damages to tenants as a result of your unenforceable or
unconscionable rental agreement. While not common, a tenant with a judgment
against you could potentially file an action for foreclosure against your
rental unit! Stories of tenant and landlord lawsuits like these are public
knowledge, don’t become a statistic!
Landlords must also know the landlord-tenant laws in their state regarding when landlords can enter their occupied rental property and the required notice that landlords must give tenants in advance of planning to enter the premises. One of the most important aspects of landlord law in any state is the statutes governing the violation of the lease. If tenants fail to pay rent on time or damage the property, you cannot just throw them out, set their belongings outside, change locks or take other illegal or criminal actions. In accordance with renters' landlord's rights, you must also supply tenants with fair and proper notices. If you fail to word notices as designated in the statutes, you could possibly lose your case in court.
Landlord-tenant law governs the rental of commercial and
residential property. It is composed primarily of state statutes 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. Further, federal statutory law may be relevant during
times of national/regional emergencies and in preventing forms of discrimination.
TYPES OF LANDLORD AND TENANT
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 before the property interest transfers back to the landlord.
TERMS OF TENANCY
1.
Term of Years Tenancy
1.
The relationship lasts for a fixed
period which is agreed upon in advance by both the landlord and tenant.
When the period ends, so do the tenant's possessory rights/
2.
In this relationship, the tenant has
the right to possess the land, to restrict others (including the landlord from
entering the land, and to sublease or assign the
property).
2.
Periodic Tenancy
1.
The relationship is automatically
renewed unless the landlord gives advance notice of termination
2.
In this relationship, the tenant has
the right to possess the land, to restrict others (including the landlord from
entering the land, and to sublease or assign the property).
3.
Tenancy at Will
1.
There is no fixed ending period. The relationship continues for as long as the tenant and landlord desire.
4.
Tenancy at Sufferance
The tenant continues to inhabit the property after the lease expires