USLegal, Inc. Newsletter - July 2007

Understanding Rights and Responsibilities Associated with Landlord Tenant Law

Each year, millions of Americans rent property in the United States. Whether one is a landlord or tenant, there are certain legal obligations involved. The following information is a brief overview of the law taken from the LegalLife™ Landlord Tenant handbook.

What is a Lease?

A lease is a rental agreement which specifies how long a tenant will stay on the property. If a landlord and tenant agree to a lease, the landlord can not raise the rent or evict the tenant during the lease period unless the tenant breaks the terms of the lease or the agreement provides for the terms of a rent payment increase.

What is a Security Deposit?

Most landlords require a security deposit before a tenant moves in. This deposit protects the landlord from financial loss if the tenant fails to pay the rent, causes damage to the property or does not clean up the property when he or she leaves. State law often places a cap on the maximum amount of security deposit allowed and how and when a security deposit must be returned.

What is a Written Inspection Report?

A written inspection report describes the condition of the property when the tenant moves in. It generally has two parts: 1) a "premises condition statement" which details the condition of the unit 2) a "contents inventory" itemizing any furnishings and describing their condition. The inspection report is not ordinarily required by law, but if a landlord or tenant requests it, one should be prepared.

When is Discrimination Illegal?

It is illegal under both state and federal law for landlords to refuse to rent to someone because of sex, race, religion, national origin, color, physical or mental disability, or pregnancy. A landlord may not even make an inquiry regarding the tenant's status in any of these areas.

Each landlord may choose whether or not to rent to smokers. Neither state nor federal law protects smokers as a class.

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In Brief

USLegal CEO Frank D. Edens made a one-hour live guest appearance on radio talk show host Harry Douglas Car Concerns program on July 25th. The topic was How to be Legally Prepared Both in and Outside the Car. Car Concerns is head over The Horne Radio Network in East Tennessee and news radio 1510 WLAC in Nashville.

USLegal is pleased to now offer its customers a form drafting service. Is there a legal form you need, but can't find it in our database? Or do you need a form we offer revised for your particular situation? If so, submit your request and our attorneys will review and let you know if the form can be provided. Please see our legal resources section at http://www.uslegalforms.com/legalresources/ for more information.

Law and Legal Definitions

Tenant Law

Tenants are people entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. Tenants have a legal obligation to keep the premises in a clean and sanitary condition and pay the agreed upon rent. Failure to do so may result in eviction or forfeiture of security deposit funds.

The landlord is the owner of the property that is leased or rented to another. The law imposes certain duties on a landlord to maintain the premises in habitable condition. Failure to do so, such as not providing adequate weatherproofing, available heat, water and electricity, and clean, sanitary and structurally safe premises, may be legal justification for a tenant's defensive acts, such as moving out (even in the middle of a lease), paying less rent, withholding the entire rent until the problem is fixed, making necessary repairs (or hiring someone to make them and deducting the cost from next month's rent.) The tenant should inform the landlord of defects as soon as possible so that landlord can repair. Under some circumstances, a tenant may sue a landlord for a return of past rental payments, discomfort, annoyance and emotional distress caused by the substandard conditions.

Co-Tenants

Co-tenants are created when they rent the premises together at the same time or one of them moves in later and there is agreement among the landlord, the original tenant, and the new occupant, that he or she be a co-tenant. Co-tenants may be created in other manners. A key principle is that all co-tenants have a rental agreement with landlord. Unless it is explicitly agreed among the parties otherwise, each co-tenant has all the rights and duties and the same rights of occupancy that all the other co-tenants have. They are, in effect, partners in the tenancy. This principle applies whether the agreement is in writing or oral, or merely implied.

Tenant-at-Will

A tenant-at-will is a tenant who has the landlord's permission to stay on the property past the expiration of the rental agreement. Also, a tenant who occupies rental property with the landlord's consent and makes rent payments without a written lease is called a tenant-at-will. A holdover differs from a tenant at will in that the latter has permission of the landlord to stay beyond the expiration date of the agreement, while the holdover tenant does not. A tenant at will is typically required to continue rent payments as long as they are permitted to remain.

State laws, which vary by state, govern tenancies at will, and generally, the state's landlord-tenant law, including eviction laws and security deposits laws, still applies. For example, if the tenant-at-will fails to pay rent, the landlord may demand possession and immediately file a dispossessory warrant seeking possession in court. Local laws should be consulted for specific requirements in your area.

For more legal definitions, please visit our free online legal dictionary at http://definitions.uslegal.com/.

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