Landlord Attorneys
Landlord-tenant law governs the rental of commercial and residential
property. It is composed primarily of state statutory and common law.
A number of states have based their statutory law on either the Uniform
Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant
Code. Federal statutory law may be a factor in times of national/regional
emergencies and in preventing forms of discrimination.
The basis of the legal relationship between a landlord and tenant is
grounded in both contract and property law. The tenant has a property
interest in the land (historically a non-freehold estate) for a given
period of time. The length of the tenancy may be for a given period of
time, for an indefinite period of time, (e.g., renewable/cancelable on
a month to month basis), terminable at any time by either party (at will),
or at sufferance if the agreement has been terminated and the tenant refuses
to leave (holds over).
Housing codes were established to ensure that residential rental units
were habitable at the time of rental and during the tenancy. Depending
on the state, housing code violations may lead to administrative action
or to the tenant being allowed to withhold rent. The habitability of a
residential rental unit is also ensured by warranties of habitability
which are prescribed by common and/or statutory law. A breach of the warranty
of habitability or a covenant within the lease may constitute constructive
eviction, allow the tenant to withhold rent, repair the problem and deduct
the cost from the rent, or recover damages.
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