Landlord Tenant Law

Landlord-tenant law consists of rights and accountabilities that the landlord and tenant must deal with in relationship to the rental property.

Both parties must know the basics of renting out property, collecting or paying security deposits, and state and federal laws in regard to fair housing, among many additional components.

Lease Agreements 

The landlord-tenant agreement is detailed in the lease agreement, which protects both landlords' and tenants' rights. Most states also recognize lease agreements that are made by work of mouth, but only for a time span of one year or less. 

Your average lease agreement includes: 

• The names of the parties involved (landlord and tenants) 
• Address and description of the rental unit 
• Rent payment and date by which it must be paid each month 
• Amount of the security deposit 
• Whether pets are allowed 

Occasionally, some areas of a lease agreement might be illegal. New tenants need to look at their local laws if in doubt, but usually, landlords may not include any of the following terms: 

• Discriminatory exclusion of tenants (excluding a tenant based on gender, religion, race, etc.) 
• Waiver of right to sue landlord (telling a tenant they cannot bring a lawsuit against their landlord) 
• Waiver of right to receive a refund of the security deposit (minus repairs and cleaning costs) 

A short-term lease agreement -- a lease agreement for 30-day short-term rentals -- is often referred to as "rental agreement." Lease agreements are typically for a year or more. 

Security Deposits 

A majority of landlords require tenants to put a security deposit down before moving in. Security deposits are limited under most state laws.

Putting a security deposit down is different from paying last month's rent and has to be repaid in full, minus any deductions for repairs or costs associated with cleaning. If you are required to put a deposit down, you should consider signing a statement with your landlord outlining the exact condition of the unit to eliminate disputes at the end of the lease term. 

Laws in many states will also dictate how soon a landlord has to return a tenant's deposit after moving out, usually 30 days or so. The landlord is also allowed to deduct any unpaid rent from the deposit, in addition to cleaning and repairs. Although, the landlord is not allowed to deduct for what may be considered normal wear and tear. Many states also require landlords to prepare a detailed list of damages and repairs, as well as a detailed list of the cost of repairs or cleaning. 

Tenant Rights 

The Fair Housing Act protects tenants from civil rights violations, including housing discrimination based on race, color, religion, national origin, gender, age, familial status (although this is waived for some retirement communities), and disability. Some states' landlord-tenant laws will also offer anti-discrimination protections on the basis of LGBT identity and marital status. 

And if you have a helper animal, such as a seeing-eye dog, a landlord may not refuse to rent to you solely because of a "no pets" policy. Other rights also include: 

• The right to quiet enjoyment (living undisturbed) 
• The right to livable conditions 
• The right to a home free of lead poisoning 
• A certain level of privacy in the rental property (e.g., a landlord may not enter your home unannounced) 

Landlord Rights 

Landlords also have certain legal rights, more focused on related to the protection of their income investment. For example, a landlord may require a monthly payment of rent and the payment of other items specified in the lease agreement, such as utility bills.

Landlords also have the right to evict tenants, but it must be for cause (such as nonpayment of rent). They should also prepare an eviction notice within good time. 

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