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Landlord-tenant Law
Landlord-tenant law is the body of law that governs the rental relationship between landlords and tenants for both commercial and residential properties. It regulates various aspects of leasing, including:
- The length and terms of leases
- Conditions under which leases may be terminated
- Reasons a landlord may deny a tenant’s application
- Transferability of leases through assignment or subletting
- Duties and implied warranties of both landlords and tenants
- Notice requirements for lease termination, evictions, or abandonment
This area of law is primarily made up of state statutes, local laws, and common law, with many states adopting frameworks like the Uniform Residential Landlord and Tenant Act (URLTA) to standardize rules. Federal laws may also apply, especially regarding discrimination and during emergencies.
A key component of landlord-tenant law is the Implied Warranty of Habitability, which requires landlords to maintain rental properties in a safe and livable condition according to housing codes. If this warranty is breached, tenants may have remedies such as withholding rent until repairs are made, making repairs themselves and deducting the cost from rent, or suing for damages. Importantly, landlords cannot retaliate against tenants for reporting housing violations.
In summary, landlord-tenant law balances the rights and responsibilities of landlords and tenants to ensure fair treatment, habitability of rental units, and clear legal procedures for leases and disputes.