15 Key Questions About Landlord-Tenant Laws

1. What is a lease agreement?

Answer:

A lease agreement is a legal contract between a landlord and tenant outlining terms for renting a property, including rent, duration, and responsibilities.

2. What rights do tenants have?

Answer:

Tenants generally have the right to:

A safe and habitable property.

Privacy and freedom from unlawful entry.

Fair treatment under anti-discrimination laws.

Proper notice before eviction or lease termination.

3. What are a landlord’s basic responsibilities?

Answer:

Landlords must:

Keep the property in habitable condition.

Follow all applicable building codes and safety requirements.

Make needed repairs promptly.

Refund all security deposits within the time and manner required by law.

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4. How much notice is required to end a tenancy?

Answer:

Notice times vary depending on jurisdiction and type of tenancy:

Month-to-month tenancies often require 30 days’ notice.

Fixed-term tenancies usually end on the agreed-upon date, unless renewed.

5. Is a landlord entitled to enter a rental property without notice?

Answer:

No, except in emergencies, landlords must provide reasonable notice-often 24-48 hours-before entering.

6. What is a security deposit, and how is it used?

Answer: A security deposit is money kept by the landlord to cover damages or unpaid rent. Laws often govern the amount, how it’s stored, and the length of time required for its return after the end of the lease.

7. Can landlords increase the rent?

Answer: Yes, but under certain conditions

Typically, rent cannot be increased during the term of a lease unless there is a clause in the lease that allows for it.

In month-to-month tenancies, notice must be given before raising the rent.

8. What does the tenant commit a breach of lease?

Answer:

Examples

Failure to pay rent.

Violation of the lease terms (subletting without permission).

Damaging the property severely.

9. What is the eviction process?

Answer:

Notice to Quit: The landlord gives notice that states the cause of eviction.

Filing for Eviction: If the tenant does not comply, the landlord files a case in court.

Court Hearing: A judge determines whether the tenant must vacate.

Enforcement: If the order is issued, a law enforcement officer may remove the tenant.

10. What is a tenant’s right to withhold rent?

Answer:

In some jurisdictions, tenants are allowed to withhold rent if the landlord fails to make necessary repairs that affect habitability. This, however, must be done through legal processes, such as giving notice to the landlord.

11. Do landlords have an obligation to control pests?

Answer:

Yes, in most jurisdictions, landlords are obligated to control pest infestations unless caused by tenant negligence.

12. Can a landlord refuse to rent to someone with pets?

Answer:

Yes, unless it involves a service animal or emotional support animal, which are protected under disability accommodation laws.

13. Can tenants sublet their unit?

Answer

Subletting is permitted if allowed under the lease or with the landlord’s consent.

14. What happens if the property is sold during a lease?

Answer:

The lease normally transfers to the new owner who has to continue with its provisions until the lease term is exhausted.

15. What are the rules for terminating a lease early?

Answer:

Tenants are allowed to end a lease before its expiration for specific reasons, which include:

Military deployment (under the Servicemembers Civil Relief Act).

Domestic violence or safety concerns (in some jurisdictions).

Mutual agreement with the landlord.

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