Archive for the ‘Tenancy’ Category

Landlord and Tenant Responsibilities

Saturday, February 4th, 2012

Laws about landlord-tenant regulate responsibilities and rights of tenants-landlords. State laws govern these relations. There are also federal laws that cover commercial and residential rentals. Landlord- tenant laws are not the same they vary from one state to another. Most states have based their laws in model residential code and uniform residential landlord. Most of these states share principals about landlord and tenant laws. Some of the laws that you can find in these states are contract and property law. They govern relationship between tenants and landlords.

The work of a landlord is to lease commercial property to tenants. To avoid conflicts and misunderstanding between the two, the landlord gives the tenant a contract to sign.  The contract has lease terms, amount of lease payments and time of rental. If there is no written lease, an oral agreement can be used. The length of tenancy can be a short period or long period like one year. If the tenant refuses to leave within the specified time this tenancy is known as sufferance. The tenant will still be paying rent to the landlord until the landlord decides to remove the tenant or if the two parties agree a new agreement. If a lease has a specific end date no notice is required. If there is any notice it must be agreed and included in that lease.

Once the landlord and tenant agree on a rental agreement, the landlord should deliver physical possession to the tenant. Thou, landlords have their own property; some of them may refuse to enter the leased premises. They have the right of inspecting the property, but they must first issue a notice early before they inspect the property expect if it is emergency case. According to implied covenant laws all tenants have the right to use and enjoy their properties without being disturbed by the landlord. Landlords can break this covenant if only they evict the tenant wrongfully. When it comes to residential leases, premises must be made comfortable for human habitation by the landlord. Housing standards have been specified by state laws and municipal housing codes for every jurisdiction. A tenant can be able to withhold the rent, do repairs in the premises and deduct money of the rent but this depends on the state of the tenant.

The tenant should pay rent on time as agreed on the lease. But, if the tenant refuses to pay on time, the landlord is at liberty to remove the tenant by using courts. Eviction requirements are not the same they differ from one state to another but the landlord must obey local laws and not taking part in self help like removing tenant by force, changing the locks of the house or removing all properties of the tenant.

Also, the tenant should make sure that the premises have been maintained in good condition and repairing when necessary. The repairs should be done by the tenant but if the lease has not specified the tenant has no option but to make ordinary repairs and maintaining the premises. If the rental period comes to an end, the tenant should leave the premises in good condition and how the tenant received it.