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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:
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.