Landlord/Tenant Attorneys

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.