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The owner of a rental property is
the landlord. The renter of the property is
the tenant.
(see
Legal Kits)
State law governs disputes between
the landlord and tenant and the related agreements.
Tenant evictions are governed by state, city or
county law depending upon the jurisdiction.
Most jurisdictions limit the
landlord's ability
to evict a
tenant.
Some jurisdictions have instituted rent control laws
establishing the maximum rent that can be charged
for a specific property.
The contract between a landlord
and tenant defining the terms of the rent, late
payment penalties, duration, required notices, etc.
relating to the rental is called a lease agreement.
In most jurisdictions the tenant has a
responsibility to keep the property clean and secure
and the landlord is responsible for maintenance and
any repairs.
Landlords may contract with a
property management company who handles the renting
and management of a rental property. Services
from such companies normally include everything from
finding the renter and executing the lease agreement
to collecting the rent and maintaining the property.
Landlord Duties
Under common law, generally, the landlord is
required to provide the tenant with possession of
the property and to provide the property in a
habitable condition. If the landlord fails in
these duties the tenant may sue the landlord for
compensation and/or break the lease and move out.
A tenant can expect to receive
quite enjoyment of the property without interference
from the landlord. Quiet enjoyment can be
breached by the landlord by either physical total
eviction or partial eviction where a portion of the
property (such as a locked room) is made off-limits
to the tenant. Future rent is then pro-rated
in the event of a partial eviction.
Tort Liability of Landlord
Under common law, the landlord has an obligation to
protect the tenant and his invitees by:
a) Disclosure or defects in the
property which are known to the landlord.
b) Use of reasonable care to maintain common areas
under the landlord's control.
c) Accepting liability for injury resulting from
landlords negligent repairs.
d) Accepting liability for injury for a rental
property where the property is known to be a public
use property, such as a restaurant; the landlord
knows that there is a defect with the property; and
the landlord is aware that the tenant is not going
to fix the defect.
Tenant Duties
Under common law, the tenant is required to pay the
rent when due and to avoid waste or damage to the
property
The tenant is also liable for injury to invitees
resulting from negligent failure to fix a dangerous
condition that exists on the property even though it
may have been the landlord's responsibility to
repair the defect.
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