Be sure to check for updates for each site if needed. Always use a Real Estate Investor Specialist Attorney when dealing with the law. Landlord tenant laws change from state to state and change regularly, stay up to date with laws in your area.
Landlord and Tenant legal disputes are inevitable in the landlord and property management business. It is important that you know your legal rights as a landlord before advancing a landlord tenant issue to the next step. Understanding the tenant’s rights is also important. Landlord tenant legal actions must follow strict guidelines in terms of procedure and time frames. The Landlord Protection Agency recommends you seek an attorney’s advice before beginning legal action.
Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutory and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. Federal statutory law may be a factor in times of national/regional emergencies and in preventing forms of discrimination.
The basis of the legal relationship between a landlord and tenant is grounded in both contract and property law. The tenant has a property interest in the land (historically, a non-freehold estate) for a given period of time. See State Property Statues. The length of the tenancy may be for a given period of time, for an indefinite period of time, (e.g., renewable/cancelled on a month to month basis), terminable at any time by either party (at will), or at sufferance if the agreement has been terminated and the tenant refuses to leave (holds over). See Restatement of The Law 2d Property: Landlord and Tenant § § 1.4-1.8. If the tenancy is tenancy for years or periodic, the tenant has the right to possess the land, to restrict others (including the landlord) from entering upon it, and to sublease or assign the property. The landlord-tenant agreement may eliminate or limit these rights. The landlord-tenant agreement is normally embodied in a lease.