Landlord Tenant Law

The state or local landlord-tenant law specifies the respective rights and responsibilities of landlords and tenants. Local ordinances may also address the handling of security deposits and identify specific tenants' rights in regard to the relationship with the landlord. These laws also affect the contents of application and lease forms. They apply to residential properties only. (For commercial properties, the rights and obligations of the office or retail tenant and the property owner are defined in the commercial lease.) Note that while real estate managers are encouraged to refer to residential renters as "residents" to foster a closer relationship with them, the parties to a lease are designated landlord (lessor) and tenant (lessee), and these terms will be used in this discussion of these laws and the later discussion of lease clauses.

The landlord's obligations under landlord-tenant law include:

• Deliver the premises at the beginning of the lease term
• Maintain the premises in a habitable condition
• Provide for the tenant's quiet enjoyment of the premises
• Supply essential services, including heat and hot water
• Give proper notice of changes to rules and regulations or a change of ownership
• Notify the tenant of any changes to the terms of the lease (including rent increases)
• Notify the tenant before lease expiration
• Return the security deposit within the prescribed period after a
  tenancy ends

In exchange for fulfilling these obligations, the landlord is to receive timely payment in the form of rent. The amount of rent, when it is due, how often it is to be paid, and where payment is to be made should be stated clearly in the lease, along with any fees or other charges (e.g., for late payment of rent). If the rent is not paid or if the tenant is otherwise in violation of the lease, the landlord has the right to terminate the lease agreement and evict the tenant. Violations include damage or destruction of property, failure to comply with lease provisions and property rules and regulations, engaging in illegal activities on the premises, or failing to respect the privacy of other tenants.
In return for the tenant's payment, the landlord agrees to provide a habitable apartment—one that is safe and clean. Specific standards are defined by local building codes and usually include the following:

• The common areas are maintained in a clean and safe condition
• The apartment is maintained in a safe condition
• The structure (roof, exterior walls) is free from leaks
• Appropriate fixtures and facilities are provided and maintained in safe working order
• Essential services, including heat, running water, gas, electricity,
  sewerage, and waste disposal are supplied

If the leased premises are not maintained in habitable condition by the landlord, or essential services are not provided, the tenant may have the right to withhold rent, vacate the apartment without penalty, make repairs and deduct their cost from the rent, and/or collect damages in court based on the landlord's breach of contract. In general, tenants are required to provide the landlord with formal notice of the breach and give the landlord the opportunity to make corrections before exercising any of these remedies; however, the tenants' specific rights and responsibilities under the warranty of habitability are subject to applicable law.

Landlord-tenant law also provides the landlord the right of re-entry to make repairs and improvements and provide agreed-upon services. Usually, specific notice is required except in an emergency situation. The landlord is also allowed to show the apartment to prospective tenants, contractors, purchasers, and lenders. The landlord has the right to set reasonable policies and rules for the property. Such rules generally concern promotion of the convenience and welfare of all the tenants, preservation of the landlord's (owner's) property, and allocation of services and facilities.

Tenants also are assigned specific responsibilities under landlord-tenant law. These include:

• Complying with the terms of the lease
• Maintaining the dwelling unit in a clean, safe condition and using the fixtures and appliances appropriately
• Respecting the privacy and right to quiet enjoyment of other tenants
• Abiding by the rules and regulations of the premises, provided their purpose is to promote the welfare of all the tenants and preserve the property from abuse (these rules must be reasonable and apply uniformly to all tenants)
• Granting the landlord reasonable access to the dwelling unit to make repairs or show the unit to prospective renters, purchasers, or lenders
• Using the dwelling unit only as a residence, unless otherwise agreed
• Giving proper notice before vacating the premises

A tenant's right to possess and use the premises is the counterpart of the landlord's responsibility to deliver possession of a leased apartment on a specified date. Delivery of possession by the landlord is an important point. Usually, this is specified in the lease agreement as well as landlord-tenant law. However, there are two issues involved with possession:

1.  If the landlord has possession of the leased premises at the beginning of the lease term but is unable to deliver it to an incoming tenant, the landlord may be obligated to abate the rent (refund prior payment) until he or she is able to deliver the apartment to the tenant. Alternatively, the tenant may choose to terminate the lease and have prepaid rent, deposits, and fees returned; or the tenant may sue for possession of the premises and recover damages from the landlord.

2.  If the landlord does not have possession of the dwelling unit because a previous tenant has not vacated it, the landlord's liability is partially mitigated by that of the current occupant.

A tenant's rights under the law include the right to quiet enjoyment of the premises. This includes the right to privacy, peace and quiet, and lawful use of the apartment, common areas, and facilities. Tenants are expected to respect each other's rights to privacy and peaceful enjoyment. It also means that the tenant can occupy the premises free from interference by the landlord, except for the landlord's obligation to make repairs and right of re-entry. Two other important tenant rights warrant discussion:

1.  Repair and deduct: If the landlord fails to make repairs or correct unsafe or unhealthy conditions, the tenant may have the right to make the necessary repairs and deduct the cost from the rent. This remedy requires the tenant to give proper notice to the landlord (usually in writing) and is predicated on subsequent failure by the landlord to respond within a reasonable time (as required under the applicable landlord-tenant law). If the landlord fails to make repairs, the tenant may have the work performed by a third party, who is treated as an agent of the landlord.

2. Constructive eviction: If a tenant can document that a landlord was aware of a problem and failed to correct it, this may constitute violation of the implied warranty of habitability. In this case, the tenant may be able to vacate the premises on the basis of constructive eviction. This type of eviction may also apply if the tenant's right to quiet enjoyment is disturbed by some action of the landlord that renders the leased premises uninhabitable or deprives the tenant of enjoyment of the premises.