responsibilities of landlord and tenant section 33.2

Responsibilities of Landlord and Tenant Responsibilities of Landlord and Tenant Section 33.2Section 33.2

Understanding Business and Personal Law

Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant

Section 33.2Section 33.2

Renting a Place to Live

What You’ll Learn

How to explain the duties of landlords How to explain the duties of landlords and tenants (pp. 719-722)and tenants (pp. 719-722)

How to describe eviction proceedings How to describe eviction proceedings (p. 722)(p. 722)





What You’ll Learn

How to identify tort liability of landlords How to identify tort liability of landlords and tenants to third parties (p. 723)and tenants to third parties (p. 723)





Why It’s Important

The better you understand the The better you understand the responsibilities of landlords and tenants, the responsibilities of landlords and tenants, the better prepared you will be when you rent or better prepared you will be when you rent or lease property.lease property.





Legal Terms

quiet enjoyment (p. 719)quiet enjoyment (p. 719)waste (p. 720)waste (p. 720)fixtures (p. 720)fixtures (p. 720)trade fixtures (p. 722)trade fixtures (p. 722)eviction (p. 722)eviction (p. 722)constructive eviction (p. 723)constructive eviction (p. 723)





The Landlord’s Duties Section OutlineSection Outline

Refrain from DiscriminationMaintain the PremisesDeliver Peaceful Possession





The Tenant’s Duties Abiding by the Terms of the LeaseAvoid WasteReturn Fixtures

Section OutlineSection Outline

Eviction Proceedings Tort Liability





Pre-Learning Question Pre-Learning Question

What are the landlord’s duties?





The Landlord’s Duties The Landlord’s Duties

Landlords have specific duties Landlords have specific duties imposed by law, in addition to those imposed by law, in addition to those found in a lease. They include: found in a lease. They include:

Refraining from discriminationRefraining from discriminationMaintaining the premisesMaintaining the premisesDelivering peaceful possession Delivering peaceful possession





Refrain from Discrimination Refrain from Discrimination

In selecting tenants, landlords are In selecting tenants, landlords are bound by various laws against bound by various laws against discrimination. discrimination.





Refrain from Discrimination Refrain from Discrimination

In nearly all states, it is against the law In nearly all states, it is against the law for a landlord to refuse to rent or lease for a landlord to refuse to rent or lease property to any person because of property to any person because of race, religion, color, national origin, race, religion, color, national origin, sex, age, ancestry, or marital status.sex, age, ancestry, or marital status.





Maintain the Premises Maintain the Premises

Rental property offered for dwelling Rental property offered for dwelling purposes must be fit for human purposes must be fit for human habitation. It must be relatively clean, habitation. It must be relatively clean, properly heated, furnished with properly heated, furnished with utilities, and safe.utilities, and safe.





Deliver Peaceful Possession Deliver Peaceful Possession

Tenants are entitled to the exclusive Tenants are entitled to the exclusive peaceful possession and quiet peaceful possession and quiet enjoyment of the rental premises. enjoyment of the rental premises.

Quiet enjoymentQuiet enjoyment is your right to is your right to undisturbed possession of the undisturbed possession of the property. property.





33.233.2

Finding and Living Finding and Living in Rental Housingin Rental Housing

• Choose a location and a price that fit Choose a location and a price that fit your needs.your needs.

• Compare costs and features among Compare costs and features among possible rental units.possible rental units.

• Talk to people who live in the Talk to people who live in the apartment complex or the apartment complex or the neighborhood.neighborhood.

Step 1: The Search Step 1: The Search





33.233.2


Step 2: Before Signing a LeaseStep 2: Before Signing a Lease

• Be sure that you understand and Be sure that you understand and agree with all aspects of the lease.agree with all aspects of the lease.

• Note the condition of the rental unit in Note the condition of the rental unit in writing. Have the unit’s owner sign it.writing. Have the unit’s owner sign it.





33.233.2


Step 3: Living in Rental Property Step 3: Living in Rental Property

• Keep the place in good, clean Keep the place in good, clean condition.condition.

• Notify the owner of any necessary Notify the owner of any necessary repairs.repairs.

• Respect the rights of neighbors.Respect the rights of neighbors.• Obtain renter’s insurance to protect Obtain renter’s insurance to protect

personal belongings.personal belongings.





33.233.2


Step 4: At the End of the Lease Step 4: At the End of the Lease

• Leave the unit in at least as good a Leave the unit in at least as good a condition as it was when you moved condition as it was when you moved in.in.

• Tell your landlord where to send your Tell your landlord where to send your refunded security deposit.refunded security deposit.

• Ask that any deduction from your Ask that any deduction from your deposit be explained in writing.deposit be explained in writing.





Which of the landlord’s duties is being breached?

One Sunday, while Tad was watching a football game with some friends, his landlord simultaneously knocked and unlocked the door to his apartment.





The landlord stepped into the apartment with a young couple and said, “Just wanted to show these folks an apartment, in case one becomes available soon.”





ANSWERANSWER

Delivering peaceful possession.





Roland and Alexa prefer renting their apartments to single women because they feel women make better tenants.





In order to do so, they only advertise an apartment vacancy in beauty parlors and tell any men who stop by that no apartments are available.





ANSWERANSWER

Refraining from discrimination.






What are the tenant’s duties?





Tenant’s duties include:Tenant’s duties include:

The Tenant’s Duties The Tenant’s Duties

Paying rentPaying rentAbiding by the terms of the leaseAbiding by the terms of the leaseAvoiding wasteAvoiding wasteReturning fixtures Returning fixtures





Tenants have the duty to Tenants have the duty to

Abiding by the Terms of the Lease Abiding by the Terms of the Lease

Pay rent to the landlord when it is Pay rent to the landlord when it is duedueObserve the valid restrictions Observe the valid restrictions contained in the lease contained in the lease





Tenants have the duty to avoid Tenants have the duty to avoid damaging or destroying the property, damaging or destroying the property, acts also known as committing waste. acts also known as committing waste.

WasteWaste is defined as substantial is defined as substantial damage to premises that significantly damage to premises that significantly decreases the value of the property.decreases the value of the property.

Avoid Waste Avoid Waste





You must return the premises to the You must return the premises to the landlord in as good a condition as landlord in as good a condition as when you moved in, except for when you moved in, except for reasonable wear and tear.reasonable wear and tear.

Avoid Waste Avoid Waste





The tenant must turn over to the The tenant must turn over to the landlord all fixtures in the premises at landlord all fixtures in the premises at the expiration of the tenancy. the expiration of the tenancy.

Return Fixtures Return Fixtures





FixturesFixtures are items of personal are items of personal property attached to real property, property attached to real property, such as built-in stoves and such as built-in stoves and dishwashers, kitchen cabinets, and dishwashers, kitchen cabinets, and ceiling light fixtures.ceiling light fixtures.






Trade fixturesTrade fixtures are items of personal are items of personal property brought to the premises by property brought to the premises by the tenant that are necessary to carry the tenant that are necessary to carry on the trade or business to which a on the trade or business to which a rental property will be devoted.rental property will be devoted.






Contrary to the general rule, trade Contrary to the general rule, trade fixtures remain the personal property fixtures remain the personal property of the tenant and can be removed at of the tenant and can be removed at the end of the term of occupancy.the end of the term of occupancy.







What happens when someone is evicted?





EvictionEviction occurs when a landlord occurs when a landlord deprives a tenant of the physical deprives a tenant of the physical possession of the premises. possession of the premises.

Eviction Proceedings Eviction Proceedings





You can be evicted for You can be evicted for


Not paying rentNot paying rentRemaining after the expiration of Remaining after the expiration of the leasethe leaseDamaging the premises Damaging the premises (commission of waste)(commission of waste)Violating provisions in the lease Violating provisions in the lease





It is illegal in every state for a landlord It is illegal in every state for a landlord to use force to evict a tenant. to use force to evict a tenant.

The landlord must first obtain a court The landlord must first obtain a court order. order.






The court will generally appoint a The court will generally appoint a sheriff or other authorized officer to sheriff or other authorized officer to carry out the eviction order.carry out the eviction order.






A A constructive evictionconstructive eviction occurs when occurs when a landlord breaches a duty under the a landlord breaches a duty under the lease. When constructive eviction lease. When constructive eviction occurs, you may consider the lease occurs, you may consider the lease terminated, leave the premises, and terminated, leave the premises, and stop paying rent.stop paying rent.







Who is liable if someone is injured on rented property?





When someone is injured on rented or When someone is injured on rented or leased property, both the landlord and leased property, both the landlord and the tenant may be liable. the tenant may be liable.

Tort Liability Tort Liability





Whoever is in control of the area Whoever is in control of the area where the injury occurs is generally where the injury occurs is generally liable if the injury is caused by liable if the injury is caused by negligence.negligence.






The landlord can be liable for injury The landlord can be liable for injury caused by a defect in the common caused by a defect in the common areas over which he or she has areas over which he or she has control, such as hallways or stairways.control, such as hallways or stairways.






Likewise, the tenant can be liable for Likewise, the tenant can be liable for injury caused by defects in the portion injury caused by defects in the portion of the premises over which he or she of the premises over which he or she has control.has control.






Reviewing What You Learned

1. What are the duties of the landlord? What are the duties of the tenant?

Section 33.2 Assessment






Landlord duties—(1) refrain from discrimination, (2) maintain the premises, and (3) deliver peaceful possession. Tenant duties—(1) pay rent when it is due, (2) observe the valid restrictions contained in the lease,


Answer






(3) avoid damaging or destroying the property, and (4) turn over to the landlord all fixtures in the premises at the expiration of the tenancy.


Answer






2. Under what circumstances may a landlord evict a tenant? How must eviction be carried out?







A landlord may evict a tenant for nonpayment of rent, remaining after the expiration of the lease, commission of waste, or violation of any lease terms. The court must enforce the eviction.


Answer






3. Who is liable when someone is injured due to a defect in an apartment house stairway? Why?







The landlord is liable. This is a common area over which he or she has control.


Answer






Critical Thinking ActivityReasonable Wear and Tear What do you think is considered reasonable wear and tear on an apartment you have rented for one year? Five years?






Critical Thinking Activity AnswerReasonable Wear and Tear Answers may vary, but could include minor carpet stains, small nail holes from hanging pictures, and scuffed walls, floors and cabinets.






Legal Skills in ActionLandlord Liabilities You have rented a second-story apartment at the beach for the summer. The complex has a common picnic area with barbeque grills, a swimming pool, and tennis courts.






Legal Skills in ActionLandlord Liabilities You know you will have visitors all summer long and wonder what might happen if someone gets hurt.






Legal Skills in ActionLandlord Liabilities Make a list of the parts of the premises where the landlord would be liable for injuries to one of your guests.






Legal Skills in Action AnswerLandlord Liabilities Lists will vary, but should include that the landlord can be liable for injury caused by a defect in the common areas such as the pool, tennis courts, and picnic areas.

Responsibilities of Landlord and Tenant Responsibilities of Landlord and Tenant End of Section 33.2End of Section 33.2

responsibilities of landlord and tenant section 33.2

Documents

tenant section

understanding business

responsibilities of

landlords duties section

landlords duties landlords

live refrain

duties of landlords

peaceful possession