Landlord-Tenant Legal Terms

Housing is heavily regulated. Understanding housing-related legal terms is essential for a smooth landlord-tenant relationship. This can lower the chance of a misunderstanding between you and your landlord. Unfortunately, disputes can still happen even if you understand all the legal terms.

Most landlord-tenant law issues are controlled by local and state laws. If you’re in a dispute with your landlord, you should talk to a local landlord-tenant lawyer.

What Are Common Landlord-Tenant Law Terms?

Federal and state law governs the relationship between a landlord and tenant. Here are some common landlord-tenant legal terms to help you:

Abandoned personal property: Property you leave behind after your tenancy ends.

Abandonment: Moving out of a rental property without notifying your landlord.

Common areas: Areas that tenants share in a rental property. Examples include the following:

• Hallways
• Green spaces
• Clubhouses

Constructive eviction: You have the legal right to use and enjoy your rental unit as a renter. A constructive eviction is when your landlord keeps you from using your rental unit. It’s a self-help means of evicting you instead of the formal eviction process. An example is not fixing the heat or air conditioning when it goes out.

Dwelling: A structure that’s used as a home.

Exclude: When your landlord does something to keep you from using your rental unit. An example is changing the locks. Another example is making the unit uninhabitable by turning off an essential service. Essential services include water, electricity, and gas.

Eviction: The legal process your landlord can use to remove you from the property. If you’re evicted, you may have to pay your landlord’s attorney fees. Common reasons your landlord may evict you include the following:

• Nonpayment of rent
• Doing something illegal in the rental unit
• Not maintaining the property
• Other violations of the terms of the lease

The Fair Housing Act: A federal law to prevent housing discrimination. It protects tenants and prospective tenants against discrimination based on the following characteristics:

• Race, color, and national origin
• Disability
• Religion
• Sex, including gender identity and sexual orientation
• Familial Status

Foreclosure: When your landlord defaults on the property’s mortgage. As a renter, you can stay in your rental unit until your lease ends. If you’re on a month-to-month lease, the new owner must give you 90 days’ notice before you must move out.

Habitability: The state of a rental unit where you can reasonably live in it.

Landlord: A person who provides a dwelling unit for occupancy by another person. A rental agreement often governs the landlord-tenant relationship.

Landlord rights: Laws to protect your landlord’s property in the landlord-tenant relationship.

Lease agreement: An agreement that outlines the terms under which you agree to rent property from the property owner. It can be either a written or oral agreement. Typical lease terms include the following:

• Amount of rent
• Rent due date
• Move-in and move-out dates
• Whether you can have roommates

Rent: The amount you must pay in return for the right to use residential property. It’s best to have a written lease stating the rent amount, including late fees, and when it’s due.

Rental agreement: An oral or written agreement between you and your landlord to live in a rental unit. A residential lease is a type of rental agreement.

Residential rental property: Residential real estate you can live in that someone else owns. A residential lease governs your relationship with your landlord.

Rental unit: A unit of a residential property that the owner offers for rent.

Security deposit: Money you pay your landlord at the beginning of your lease. They hold the money to pay for damage you cause to your rental unit. Landlords can also use a tenant’s security deposit to cover unpaid rent.

Sublease: When you rent your rental unit to a third party. You should read your lease agreement to see if you can sublet. You’re also responsible for the rent if your sublessee doesn’t pay it.

Tenant: A person entitled to exclusively occupy a dwelling unit under a rental agreement.

Tenant rights: Laws to protect your right to use your landlord’s property in the landlord-tenant relationship.

Warranty of habitability: Your landlord must keep your rental unit in a reasonably livable condition.

Written notice: In most leases, you must notify your landlord in writing of your intent to move out.

How Can a Landlord-Tenant Lawyer Help?

The legal terms involved in the landlord-tenant relationship can be complex. If you and your landlord aren’t seeing eye-to-eye, speak with a landlord-tenant lawyer. They can explain your rights and give you legal advice.