Landlord and tenant law involves the rental of residential and commercial property. Different states have their landlord and tenant rights, so it mostly depends on where you live. The landlord-tenant law is based on statutory law, individual lease, or common law. It usually includes elements of property and contract law.
Duties of the landlord
The landlord has other roles to play other than conveying the lease.
- Covenant of quiet enjoyment. It entails no disturbance of the tenant’s possessory rights to the lease from the landlord. Cases where a landlord forcibly enters the tenant’s place are uncalled for only in emergency cases. And these cases of emergency have certain degrees that are accepted. There are some “emergencies” that could have been deliberate and uncalled for.
- Duty to deliver necessary services. The tenant has every right to enjoy basic amenities while living during the lease of the property. Services such as running water, electricity, gas, etc., are necessary, and once they are not fulfilled, the tenant has a right to cut off those expenses that have been added to the rent.
Duties of the Tenant
Tenants are also required to follow certain duties, which are a part of their possessory interests.
- Duty to pay rent. It was formerly seen as an independent covenant because the tenant is required to pay rent irrespective of the landlord not fulfilling his performance duties. Now, it is seen as a conditional covenant as it can free the tenant from payment of rent if the landlord fails to repair the property and put it in livable conditions.
- Duty to protect the premises. Leases usually include that the landlord makes necessary repairs before the tenant moves in. So, the tenant is required to avoid unnecessary damage to the property. When the tenant is about to move out and asks for the return of his security deposit, he is expected to leave the property the same way that he met it.
Lease Agreements
The landlord-tenant relationship is included in the lease agreement. While some states accept lease agreements made orally, they can only last a year or less.
Here are what a lease agreement should entail:
- The names of the two parties (the landlord and the tenant)
- Address of the rental property
- Rent payment and the date for each payment every month
- Amount of the security deposit
- Allowance of pets in the rental property or not.
Sometimes, the landlord might include some illegal sections. To be on the safe side, the tenant can check with their local laws.
The landlord must not include the following in the lease agreement:
- Discrimination of tenants due to gender, religion, etc.
- Waiver of right to sue the landlord. Every tenant has the right to file a lawsuit against their landlord
- Waiver of right to receive a refund of the security deposit
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A tenant facing unfair treatment from their landlord or a landlord who has problems with their tenants that cannot be solved with an agreement has the right to allow a qualified lawyer to look it up and advise them on the best way to go about it. GPS Law Group is a good place to find answers. You can reach them at 704-741-9957 for further discussions. Our office serves Charlotte, Gastonia, Concord, Huntersville, and surrounding communities in Mecklenburg County, Rowan County, Cabarrus County, Iredell County, and Gaston County, North Carolina.