Landlord-tenant thanhchien3d.vn governs the rental of commercial và residential property. It is composed primarily of state statutes và comtháng thanhchien3d.vn. A number of states have sầu based their statutory thanhchien3d.vn on either the Uniform Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. Further, federal statutory thanhchien3d.vn may be relevant during times of national/regional emergencies and in preventing forms of discrimination.
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The Four Basic Types of Landlord-Tenant Relationships
The basis of the legal relationship between a landlord and tenant is grounded in both contract & property thanhchien3d.vn. 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 baông chồng to lớn the landlord. See State Property Statues. While these four relationship types are generally true, they are subject lớn state statutes, as well as the actual lease agreed upon by the landlord and the tenant.
The length of the tenancy is typically classified in 1 of 4 categories:
Term of Years TenancyPeriodic TenancyThe relationship is automatically renewed unless the landlord gives advance notice of terminationIn this relationship, the tenant has the right to lớn possess the land, lớn restrict others (including the landlord from entering the lvà, & khổng lồ sublease or assign the property). Tenancy at WillThere is no fixed ending period. The relationship continues for as long as the tenant và landlord desire.Tenancy at SufferanceThe tenant continues to lớn inhabit the property after the lease expires.
The landlord-tenant relationship is founded on duties proscribed by either statutory thanhchien3d.vn , the common thanhchien3d.vn, or the individual lease. Basic khổng lồ all leases is the implied covenant of quiet enjoyment. This covenant ensure the tenant that his possession will not be disturbed by someone with a superior legal title to lớn the l& including the landlord.
Transferring the Tenant”s Interest
Assignment và Sublease
Subject khổng lồ limitations expressly stated in a lease, a tenant is typically able to lớn transfer her property interest to a third các buổi party. This transfer takes the khung of two different actions:
Assignment – The tenant conveys her entire interest in the property khổng lồ the third tiệc nhỏ. The third tiệc ngọt effectively becomes the new tenant. Sublease – The tenant conveys her interest to lớn the third tiệc nhỏ, but the tenant maintains a revisionary interest. The tenant becomes the sublessor, & the third tiệc nhỏ becomes the sublessee.What the “revisionary interest” means is that, under certain agreed-upon conditions, the interest in the property will revert bachồng to the sublessor. When this happens, the sublessee will no longer have an interest in the property.
Whenever parties intend a transfer of interest, they should always consider privity of estate and privity of contract:
Privity of estate – This refers khổng lồ the parties actually responsible for the estate.In a sublease, the landlord, tenant, & sublessee are all under privity of estate. In an assignment, only the landlord và sublessee are under privity of estate. Privity of contract – This refers to the parties under contract for the estate. In either a sublease or an assignment, this includes the landlord, the tenant, and the sublessee.
Limitations on Transferring
As expressed, the ability to transfer interest is subject khổng lồ certain limitations established by the lease between the landlord và the tenant. There are typically 3 such clauses which may be used in a lease:
Sole discretion clause – The landlord may refuse a sub-lease for any reason or no reason, just not for a bad reason. Reasonableness clause – The landlord may refuse a sub-lease on a commercially reasonable basis (elaborated on below).No standard in lease – The lease may requires the landlord”s consent, but the lease may not express a standard lớn guide the consent.
Regarding the “commercially reasonable” standard, courts will use a balancing test in which the court will balance commercial reasonable và unreasonable factors lớn determine whether the landlord has refused a sub-lease based on commercially reasonable or commercially unreasonable factors. If the refusal was commercially unreasonable, the court will order the landlord to lớn allow the sub-lease.
Reasonable factors (non-exhaustive list):financial responsibility of the proposed assignee/sublessee; suitability of the assignee”s/sublessee”s proposed use for the particular property; legality of assignee”s/sublessee”s proposed use; the need for alteration of the premises due to lớn assignee”s/sublessee”s proposed use; nature of the occupancy (i.e., office, factory, clinic, etc.)Unreasonable factors (non-exhaustive sầu list): denying solely on the basis of personal taste, convenience or sensibility; denying in order to charge a higher rent than originally contracted for; denying based on religious objection
Eviction refers to lớn a landlord barring a tenant from using the property, usually due lớn the tenant materially violating the lease and/or not paying the agreed-upon rent.
A landlord, however, may not evict a tenant in retaliation for the tenant reporting housing violations or other problems with the condition of the property. This is typically referred to as the doctrine of retaliatory eviction.
Typically, a landlord has 1 of 2 methods he can use to lớn evict a tenant:
Self-help eviction The landlord physically enters the premises & causes the tenant to leave sầu. The landlord, however, muse use only a reasonable amount of force. In the limited number of jurisdictions that still allow self-help evictions, a court would determine what a “reasonable” amount of force would be.Sue the tenant.The landlord can sue lớn evict the tenant. If the court rules to lớn evict, then the landlord must allow a thanhchien3d.vn enforcement officer to enforce the judgment.
However, the majority of jurisdictions vì not allow for self-help evictions. Therefore, in order for a landlord to evict a tenant, the landlord typically must sue the tenant in court and allow the court to enforce an eviction order.
Constructive sầu Eviction
Constructive sầu eviction is triggered by the landlord’s wrongful conduct. Wrongful conduct may be satisfied by a wrongful omission when the landlord does 1 of 5 things:
fails lớn perform an obligation in the leasefails khổng lồ adequately maintain và control the common areabreaches a statutory duty owed to the tenantfails khổng lồ perkhung promised repairs
In addition khổng lồ the landlord”s material omission of 1 of these 5 elements, the tenant must also leave the property within a reasonable time frame. Otherwise, the tenant waives the right to a constructive sầu eviction clayên ổn. Further, if the tenant leaves after a reasonable time frame, a court may find that the tenant has engaged in abandonment (discussed below).
Some jurisdictions allow for a partial constructive sầu eviction. This happens when a particular portion of the leasehold has been made untenable by the landlord. As a result, a court will grant a constructive sầu eviction for that part of the leasehold. Partial constructive eviction will typically require the same elements that a normal constructive eviction would require.
A constructive eviction occurs when the landlord causes the premises to lớn become uninhabitable.
Abandonment occurs when the tenant meets all 3 of the following factors:
The tenant vacates the leased property without justificationThe tenant has no intent to return lớn the propertyThe tenant defaults on rent payment
To recover for abandonment, the landlord can take 1 of 3 actions:
Sue the tenant for all of the rent dueTerminate the leaseMitigate damages by acquiring another tenant and then suing the past tenant for any lost rentTo note, if someone offers to lớn pay less than market value for the property, & the owner refuses, that is not a failure to mitigate damages
The Implied Warranty of Habitability
Housing codes were established to lớn ensure that residential rental units were habitable at the time of rental & during the tenancy. Most states have an implied warranty of habitability. This requires a landlord to substantially comply with building & housing code standards. If the lease contains a clause waiving the implied warranty of habitability, a court will typically refuse khổng lồ enforce the clause.
When the warranty of habitability is breached, courts will typically allow for 1 of 3 remedies:
The tenant will be able to lớn withhold rent until the landlord repairs the propertyThe tenant will be able khổng lồ withhold rent và can use the money to lớn pay for repairs insteadThe tenant will be able to lớn sue for damages
Under the third method (sue for damages), there are typically 3 methods for recovery:
The court will deduct damaged property”s value from the property”s undamaged valueThe court will deduct the amount of damaged rent from the cost of rent when undamagedPercentage diminution This refers to the percentage by which the tenant’s use và enjoyment of the premises has been reduced by the uninhabitable conditions. For this, a court will đánh giá the defects’ materiality & the length of time such defects have existed.
Federal thanhchien3d.vn prohibits discrimination in housing & the rental market. See Civil Rights Act of 1866 và 42 U.S. Code, Chapter 45, Federal Fair Housing Act.
If the plaintiff (potential tenant) offers no direct evidence of discrimination, then the plaintiff must prove sầu the prima facie case, which has 4 components. The burden of proof is on the plaintiff to prove sầu all four components; if he does, then the court will find that the landlord acted in violation of the Fair Housing Act via an inference of unthanhchien3d.vnful discrimination:
The plaintiff applied for & was qualified to lớn rent the property in questionThe defendant rejected the plaintiff”s applicationThe property remained available và unrented thereafter
The court in Fair Housing Council of San Francisteo v. Roommate.com (2007), however, established a limit on the rule from Neithamer. The Fair Housing court found that the anti-discrimination provisions of the Fair Housing Act bởi vì not apply to the selection of roommates.
Further, there are 2 more situations in which a landlord is exempt from the Fair Housing Act. When the individual is the landlord of a single-family dwelling or when the individual is the landlord of an owner-occupied dwelling with 4 or fewer units, then the landlord would also be exempt from the Fair Housing Act.