Landlord-Tenant Law

Chapter 50Landlord-Tenant LawCopyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.50-2Landlord-Tenant Law: TerminologyLandlord (Lessor): Property ownerTenant (Lessee): Party who assumes temporary possession of propertyLeasehold Estate: Property subject to the leaseLease: Contract between landlord and tenant50-3Types Of LeasesDefinite Term: Automatically expires at end of designated termPeriodic Tenancy: Created for a recurring termTenancy At Will: Termination may occur at any timeTenancy At Sufferance: Tenant fails to leave property after termination of leaseFair Housing ActProhibits landlords from discriminating on basis of race, color, sex, religion, national origin, or familial status50-450-5Rights and Duties of Landlord and Tenant: Terminology and Rules of LawCovenant of Quiet Enjoyment: Promise that tenant has right to quietly enjoy the landActual Eviction: Landlord physically prevents tenant from entering premises; can be full (prohibited from all parts) or partial (prohibited from some parts)Constructive Eviction: Premises become unsuitable for use due to landlordImplied Warranty of Habitability: Requirement that premises be fit for “ordinary” residential purposesWaste: Tenant conduct that causes permanent and substantial injury to landlord’s propertyAlterations: Changes that affect condition of premises; generally cannot be made without landlord’s consent50-6Examples of Duties and Corresponding Rights of Landlord and Tenant DutyLandlord duty to put tenant in possessionLandlord duty of covenant of quiet enjoymentTenant duty not to commit waste Corresponding RightTenant’s right to retain possessionTenant’s right to quiet enjoyment of the propertyLandlord’s right to reimbursement for tenant’s waste50-7Rights and Duties of Landlord and Tenant: Terminology and Rules of Law (Continued)Common Areas: Areas used by all tenants for which landlord is responsibleOptions when landlord fails to repair leased property:Terminate leaseWithhold rentRepair and deduct costs of repairSue landlord50-8Rights and Duties of Landlord and Tenant: Terminology and Rules of Law (Continued)Rent: Compensation paid to landlord for tenant’s exclusive use of and right to possess premisesRent Escalation Clause: Clause included in lease that allows landlord to increase rent for increases in cost of living, property taxes, or tenant’s commercial businessLandlord’s Lien: Landlord’s right to some/all of tenant’s property when rent unpaid50-9Liability For Injuries on the PremisesLandlord Liability: Landlord can be held liable for injuries sustained in common areas, and for injuries that occur outside common areas due to lack of repairs landlord should have madeLandlord has responsibility to ensure that premises are in reasonably fit condition before tenant takes controlForeseeability of crime is a factor in liabilityTenant’s Liability: Tenant must keep premises in a “reasonably safe” condition, but is responsible only for those areas where customer or visitor reasonably expected to go50-10Transferring Interests of Leased PropertyLandlord Transfer of Interest: Landlord may transfer property; new owner becomes landlord until tenant’s lease expiresTenant Transfer of Interest: Assignment: Transfer of tenant’s entire interest in leased propertySublease: Transfer of less than all of tenant’s interest in leased property50-11Termination of LeaseBreach of Condition By Landlord: Landlord interferes with tenant’s use and enjoyment of premisesForfeiture: Tenant/landlord fails to perform conditions specified in leaseDestruction of Premises: Fire/other disaster destroys premisesSurrender: Mutual agreement between landlord and tenantAbandonment: Tenant moves out of leased premises before end of term