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Simple English definitions for legal terms

landlord-tenant law

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A quick definition of landlord-tenant law:

Landlord-tenant law is a set of rules that governs the relationship between people who rent property and the people who own it. There are four types of relationships between landlords and tenants, and they are based on how long the tenant will be renting the property. The law requires landlords to provide a safe and habitable place for tenants to live, and tenants have the right to live in peace without being disturbed by the landlord or others. If there are problems, tenants can take legal action to protect their rights. Discrimination is not allowed in the rental market, and landlords cannot refuse to rent to someone because of their race, religion, or other protected characteristics.

A more thorough explanation:

Landlord-tenant law is a set of rules that governs the relationship between a landlord and a tenant in the rental of commercial and residential property. It is made up of state statutes and common law, and federal law may also be relevant in certain situations.

There are four basic types of landlord-tenant relationships:

  • Term of Years Tenancy - The tenant has the right to possess the land for a fixed period of time agreed upon by both the landlord and tenant.
  • Periodic Tenancy - The tenant has the right to possess the land for a recurring period of time that is automatically renewed unless the landlord gives advance notice of termination.
  • Tenancy at Will - The tenant has the right to possess the land for as long as the tenant and landlord desire, with no fixed ending period.
  • Tenancy at Sufferance - The tenant continues to inhabit the property after the lease expires.

These relationships are subject to state statutes and the actual lease agreed upon by the landlord and tenant.

A tenant may transfer their property interest to a third party through either an assignment or a sublease. An assignment is when the tenant conveys their entire interest in the property to the third party, while a sublease is when the tenant conveys their interest to the third party but maintains a revisionary interest.

There are limitations on transferring the tenant's interest, which are established by the lease between the landlord and tenant. The landlord may refuse a sublease for any reason or no reason, but not for a bad reason. The landlord may also refuse a sublease on a commercially reasonable basis, which is determined by balancing commercial reasonable and unreasonable factors.

Eviction occurs when a landlord bars a tenant from using the property, usually due to the tenant materially violating the lease and/or not paying rent. A landlord may not evict a tenant in retaliation for the tenant reporting housing violations or other problems with the condition of the property.

A landlord typically must sue the tenant in court and allow the court to enforce an eviction order. Constructive eviction occurs when the landlord's conduct materially interferes with the tenant's agreed-upon purpose and prevents the property from being in tenantable condition. Abandonment occurs when the tenant vacates the leased property without justification, has no intent to return, and defaults on rent payment.

The implied warranty of habitability requires a landlord to substantially comply with building and housing code standards. If the lease contains a clause waiving the implied warranty of habitability, a court will typically refuse to enforce the clause. When the warranty of habitability is breached, a tenant may withhold rent until the landlord repairs the property, withhold rent and use the money to pay for repairs, or sue for damages.

Federal law prohibits discrimination in housing and the rental market. A landlord may not discriminate against a potential tenant based on their membership in a protected class. Protected classes include race, color, national origin, religion, sex, familial status, and disability. There are exemptions to the Fair Housing Act for single-family dwellings and owner-occupied dwellings with four or fewer units.

For example, if a landlord refuses to rent to a potential tenant because of their race, that would be discrimination. Another example would be if a landlord fails to make necessary repairs to a rental property, which breaches the implied warranty of habitability and materially interferes with the tenant's agreed-upon purpose of renting the property.

landlord's lien | Landon v. Plasencia

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ollie you need better stats than that to go to harvard :(
lilypadfrog
9:44
uchicago famously hates low gpas
GreyCeaselessMammoth
9:44
olliewillgotoUpenn
GreyCeaselessMammoth
9:44
i think he has good chances there
upenn famously hates high lsats
GreyCeaselessMammoth
9:45
ollie blueprint
cumsock
9:45
do you think about the days when we sat down smoking wine and drinking haze
PuppyBot
9:48
morninh
cumsock
9:48
i wanna quit my jorb
cumsock
9:49
and ride the rails
@cumsock: same and not cause it sucks, I love who I work with/for and it is super easy but I am trying to save a lot of LS so I can ball out while unemployed
How much is everyone trying to save up for when they get to school?
shaquilleoatmeal
9:51
@PuppyBot: tripppp, u were heavy on my mind last night after the bs in the chat
cumsock
9:51
i plan to be the most frugal mf alive in school
cumsock
9:52
paint chips for dinner
cumsock
9:52
thats what i always eat tho
lilypadfrog
9:52
glove do you want to go dumpster diving with me
cumsock
9:52
yea thats where all the good snacks are
cumsock
9:52
like plastic bags
lilypadfrog
9:53
😋😋😋😋
[] starfishies
9:53
@BulbasaurNoLikeCardio: i didn't think about this until it was too late lol i'll be lucky to save like 7k if that
shaquilleoatmeal
9:54
@BulbasaurNoLikeCardio: saving enough to have mortgage +bills for the first 2 years of law school, figured i can work again after the 2nd year but at least ill give myself the flexibility to focus on school and not bills. A little to the side because life happens and sometimes u need to prepared for hitting rock bottom
I am trying to be pretty frugal now, looked up the cost to have PODs move my shit and I am like fuck that is a lot. I am trying to squirrel half my monthly income away so I can have a fat amount of cushion
PuppyBot
9:54
@shaquilleoatmeal: how sweet
PuppyBot
9:55
i need to make my matcha
cumsock
9:55
we just need one parlay
I think my biggest stress will be two mortgages until my current place sells.
shaquilleoatmeal
9:56
@BulbasaurNoLikeCardio: yea 2 is no joke, and diapers cost just as much as 1 mortgage lmao
diapers are nothing... fucking formula cost and you gotta stock pile because the random shortages
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