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What is Landlord -Tenant Law?

Landlord-tenant law governs the issues surrounding the rental of commercial and residential real property (rental property). It is made up primarily of state statutory and common laws, with federal statutory laws coming into play in national or regional emergencies and in cases involving discrimination. The basis for landlord-tenant relationship is governed by property and contract law, but is founded on duties prescribed in state statutory, common law or the individual lease (or rental agreement).

Implied Covenant of Quiet Enjoyment

All leases and rental agreements include the implied covenant of quiet enjoyment, which means that the landlord guarantees that a tenant may take possession of leased premises and that the landlord will not interfere in the tenant's possession or use of the property. Housing codes were also established to protect tenants by ensuring that the residential rental property is habitable from the time of rental through the term of tenancy.

Constructive Eviction

Constructive eviction occurs when the property is or becomes uninhabitable to the point where the tenant cannot have full possession and use of the property, and is thus "evicted." A landlord's breach of habitability or covenant in the lease may allow the tenant to withhold rent, repair the problem and deduct the cost from the rent, or recover damages. Laws on these matters vary from state to state. Consult with a qualified Lead Counsel landlord-tenant attorney in your area for more information.

Should I hire a Landlord-Tenant Attorney?

If you are involved in matters concerning the landlord-tenant relationship including representing landlords and tenants in evictions, security deposit disputes, tenant tax rebates, unlawful detainers, unlawful evictions, Department for Constitutional Affairs (DCA) penalty defense, Section 8 matters, bankruptcy, etc., you should consult with a qualified Lead Counsel landlord-tenant attorney immediately.

Frequently Asked Questions

• Misc. Definitions:
  "Abandoned property" defined. "Abandoned property" means property which is left unattended on the premises after the termination of the tenancy, unless the owner of the property has expressed an … more
• What Can Be Done About Noisy Neighbors?
  Tenants are entitled to the quiet use and enjoyment of the premises, however a landlord is not necessarily responsible for the acts of neighbors and other tenants.  If tha landlord has … more
• Can I be evicted if I file for bankruptcy?
  Yes, in some circumstances. While a bankruptcy filing does prevent your landlord from terminating your lease or filing an eviction lawsuit against you, the landlord is likely to be able to get … more
• If I am being evicted by my landlord, can I stop the eviction by filing for bankruptcy?
  Maybe, depending on the stage of your eviction proceedings. If your landlord has already completed eviction proceedings and won a judgment of possession, a last-minute bankruptcy filing will not … more
• Do I have tell my landlord that I have filed for bankruptcy?
  No. You have no obligation to tell your landlord that you have filed for bankruptcy. However, you may look at your lease to see if it contains any provisions about a tenant filing for bankruptcy, … more

Free Legal Forms

• Healthy Homes
  This form from the Environmental Protection Agency provides information on keeping a home free of toxins and pollutants.
• Residential Lease Agreement
• Restatement Of Transitional Housing Misconduct Act
• Instructions For Program Operators