Download Landlord-Tenant Relationship: Rights, Duties, and Remedies and more Slides Law in PDF only on Docsity! Landiora=
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Quote of the Day “A house she hath, ‘tis made of such good fashion, The tenant shall ne’er pay for reparation, Nor the landlord ever raise her rent, Or turn her out of doors for nonpayment; From chimney tax, this cell is free, To such a house who would not a tenant be?” Epitaph for Rebecca Bogess, Folkestone, England, 1688 docsity.com Types of Tenancy • Any lease for a stated, fixed period is a tenancy for years. • A periodic tenancy is created for a fixed period and then automatically continues for additional periods until either party notifies the other of termination. • A tenancy at will has no fixed duration and may be terminated by either party. • A tenancy at sufferance occurs when a tenant remains on the premises, against the wishes of the landlord, after the expiration of a true tenancy. docsity.com Landlord’s Duties • The landlord’s first important duty is to deliver possession. – The “English rule” obligates the landlord to remove a previous tenant if he does not leave willingly. – The “American rule” allows the new tenant to either evict the old tenant, or collect rent from her. docsity.com Quiet Enjoyment • All tenants are entitled to the right to use the property without the interference of the landlord. • Actual Eviction – If a landlord prevents the tenant from possessing the premises, he has actually evicted her. • Constructive Eviction – If a landlord substantially interferes with the tenant’s use and enjoyment of the premises, he has constructively evicted her. docsity.com Duty to Return Security Deposit • The landlord must return a security deposit within 30 days after a tenant vacates. • If any of the deposit is withheld to pay for damage, a written accounting of the damage is required. • If the landlord fails to comply, the tenant is entitled to double the deposit amount. docsity.com Duties and Remedies • Duty to Pay Rent – this is the tenant’s foremost obligation. • Landlord’s Remedies for Nonpayment of Rent: – Apply security deposit to rent. – Sue tenant for non-payment. – Evict tenant. • Duty to Mitigate – in most cases, the landlord must try to minimize losses by finding a new tenant quickly. docsity.com More Duties and Remedies • Duty to Use Premises for Proper Purposes • Duty Not to Damage Premises – A tenant is liable to the landlord for any significant damage he causes to the property. • Duty Not to Disturb Other Tenants docsity.com
