Landlord-tenant law is part of the common law duties and that details the rights of tenants and landlords. It comprises elements of both real property law (especially conveyances) and contract law.
Landlord-tenant law normally understands differences between commercial and residential leases on the assumption that residential leases present considerably more of a threat of unequal bargaining power than commercial leases.
The modern concept of landlord-tenant law contains duties beyond simple conveyancing of the lease:
In England and according to the Uniform Residential Landlord and Tenant Act in America, the landlord has a responsibility to deliver possession to the renter in the beginning of a lease. The reason for putting this burden is the idea that the landlord has more resources than the new renters to pursue legal remedies against wrongful holdovers (former renters which will not give up possession).
By virtue of the contractual aspects of a lease, modern leases in America include an implied covenant of quiet enjoyment. It follows the landlord is not going to interfere with the tenant’s possessory rights to the lease.
Landlord-tenant law also contains protections for tenants:
In a action for unpaid rent brought by a landlord against a tenant, a tenant can offer constructive eviction. A constructive eviction ensures that the renter is not any longer capable to occupy the lease, but that the tenant had not been physically evicted by the landlord.
Breach of covenant
Leases include dependent covenants – the renter will be relieved of paying rent, if the landlord fails to perform their duties. The infraction of these covenants can serve as an affirmative defense by the tenant within an action for eviction or outstanding rent. These covenants contain the warrant of habitability (keeping the premises habitable) and the covenant to repair (requiring the landlord to fix damage).
A landlord cannot evict a tenant in retaliation for reporting health and safety code violations. A tenant can use retaliatory eviction as a cause of action so when both an affirmative defense against an eviction.
Renters even have obligations attached to their possessory interests:
Duty to maintain the premises
Leases usually contain a small covenant to fix for the tenants, which basically equates to refraining from committing waste. When renters move in the premises, if they want to get their security deposit returned to them, most statutes require in when they moved in the premises to be returned to the landlord in exactly the same condition to was.
Responsibility to manage
In commercial leases, an obligation to run may be written into the lease. It follows that a commercial tenant cannot leave a leased property without running the company that the lease was made empty. A responsibility to manage doesn’t exist unless written into the lease or obviously in line with the intention of the lease.
Duty to pay rent
A tenant’s obligation was traditionally thought of as an unaffiliated covenant, meaning the tenant was required to pay lease no matter whether the landlord executed their duties of functionality. Now the obligation of a renter to pay rent is regarded as a covenant that was dependent, and the renter can be freed in the duty to pay lease if the landlord breaks the covenant of habitability of warranty or repair.
Landlords also provide a number of accessible remedies to reclaim possession or claim outstanding rent:
Before eviction processes that are statutory, landlords could use the common-law remedy of forfeiture to reclaim possession of a lease. Forfeiture was usually attained by adding a condition subsequent to the terms of the lease.
Landlord self help remedies require no governmental intervention or legal procedure, and contain forcible entry and physical removal of the renter. Self-help remedies have been limited by forcible entry and detainer (FED) legislative acts.
Landlords may also recover financial damages for unpaid rent, and the processes of obtaining the amount that can be got and the rent are dictated by state statutes.