Landlord Tenant Essay

Landlord Tenant Laws regulate the relationship between one who owns real property (i.e., land, houses, buildings, etc.) and those to whom he or she gives certain rights of use and possession. Landlord tenant laws grew out of the English Common Law, and contains elements of both real property law and contracts, though most jurisdictions have added a number of more modern considerations, as well.

The application of this law varies on the type of tenant it would be applied for. Here are the types and their definitions:

1. Residential Tenant -they are the ones who uses up the realty as their home, thus the word “Residential”

This law protects the residential tenant from forced and unannounced entry of the landlord. To make sure that the property

Eviction is a legal process that would allow the landlord to provide a Failure to Pay Notice to its tenant, file a lawsuit then kicking the tenant out his premises if ever he further fail to pay his rent. This runs for a few weeks or so.

Then the tenant also have the right to a habitable property. If in any event that it becomes inhabitable, they have the right to withhold their rent or vacate the premises without paying a penalty. It would be the landlord’s obligation to make sure his property is habitable and safe for his tenants.

This law is observed in a National Level. Although it varies a little on the implementation, it still covers the idea of the landlord being responsible for his property and for the safety of his tenants. Furthermore, the tenants are also responsible for their actions and being able to pay the rent. If the tenant files a suit against his landlord, he is protected against retaliating actions of his landlord, such as eviction from his rental.

The only 8 states without the retaliatory eviction protection are: Georgia, Idaho, Indiana, Louisiana, Missouri, North Dakota, Oklahoma, and Wyoming. Although most states prohibit this, remember that the Landlord can also have the self help eviction