Speaker 1: Property Law – Landlord-Tenant Disputes Property law is a broad category covering many types of real estate interests, from landlord-tenant law, to individual homeowners, to owners of multi-unit apartment buildings and shopping centres. This video focuses on the legal relationship between the landlord and tenant and the rules and regulations that govern this relationship. Landlord-Tenant Governed by State Law Generally, each state has its own laws that regulate the lease use and transfer of commercial and residential property. Other than state laws relating to the legal duties between landlord and tenant, the parties are left to negotiate the terms and conditions of the rental agreement, which must be signed by both parties. In the next section, we will look at what makes up a basic rental agreement, which is also referred to as the residential lease. The Rental Agreement A rental agreement is a contract made up of the written terms and conditions under which the tenant and landlord must follow during the term of the tenancy. Failure to follow a material condition of the rental agreement can result in breach of contract, allowing one party to sue the other for monetary damages. Duration of Tenancy The two basic terms found in all rental agreements are the duration of the tenancy and the payment of rent. For example, some rental agreements are month-to-month, others are based on a fixed term of months or years. In either case, the rental agreement must state the length of the tenancy, the specific amount of rent to be paid, and the date by which rent is due and payable. Different rental agreements contain different terms and conditions, such as the tenant's obligation to pay for their utility bills and parking space. Some landlords don't allow pets, others permit pets but require the payment of an additional security deposit. But what happens when there is a dispute between the landowner and the tenant, and one or both claim there has been a breach of the rental agreement? Let's now turn to the different types of property disputes that arise between the landlord and the tenant. Property Disputes State property laws govern the rights, obligations, and remedies afforded to those who own, possess, or have specific usage rights to their property. Property disputes occur between different types of property holders asserting or defending their rights based upon different types of legal claims. Common disputes can include tenants' late and non-payment of rent, landlords' refusal to make necessary repairs, landlord violates the tenant's privacy, landlord fails to maintain a safe and habitable property for the tenant. Let's now examine some of the types of landlord-tenant disputes. Types of Disputes Landlord-tenant disputes can be as minor as the tenant having to repeatedly remind the landlord to fix a leaky faucet to the landlord, threatening to evict the tenant for being late on paying the rent. While landlords have their rights under a rental agreement, so do the tenants. What are the tenant's legal rights? The tenant's legal right to privacy and their quiet enjoyment of the property are among the most important tenant rights. This means the landlord has a legal duty to provide the tenant with a safe and habitable living space. These rights give rise to the property owner's legal duty to maintain the property so that it is safe, habitable and in good repair. The landlord must also protect the tenant's right from third-party nuisances such as excessive noise and noxious odors coming from the property. Now let's look at the legal duties the tenant owes to the landlord. Tenant's Legal Duties In exchange for the tenant's right to occupy the landlord's property, the tenant is legally obligated to pay the agreed-upon rent within the agreed-upon time as specified by the rental agreement. In fact, the most common grounds for eviction are non-payment of rent, which is a breach of the rental agreement. The tenant is also expected to comply with all the express and material terms of the lease, such as not causing a nuisance or interfering with the rights of other tenants. When there is a material breach of the rental agreement, such as the tenant's failure to pay their rent, the landlord has the legal right to evict the tenant. Evicting a Tenant The eviction of a tenant is serious business. State eviction laws strictly forbid landlords from taking matters into their own hands when it comes to evicting a tenant. Landlords must strictly follow the state's eviction laws and process. Failure to follow state law can result in serious civil penalties imposed against the landlord. For example, under law, a landlord may not engage in self-help of any kind, such as forcing the tenant out by turning off the unit's electricity or water. It is also unlawful to remove the tenant's furniture and other personal belongings or changing the locks to the tenant's premises. Even when the eviction case concludes and the tenant receives the court's official order to vacate the premises, the landlord is still prohibited from engaging in any form of self-help, such as physically and forcibly removing the tenant, nor can the landlord hire another person to remove the tenant. The landlord's only legal recourse is to request the court to order the police to remove the tenant and, if the tenant resists, to arrest the tenant for violating a court order. What about pre-occupancy and post-occupancy rights, such as the tenant's right to conduct a walk-through inspection of the premises before agreeing to sign the lease agreement, and the landlord's right to require the tenant to pay a security deposit before taking possession of the premises? Let's first look at the tenant's right to conduct an inspection of the property. Tenant's Right of Inspection Before signing the lease, most states provide the tenant with the right to conduct a walk-through inspection of the apartment with the landlord or apartment manager. This is one of the most important rights a tenant has, mainly because it will determine the tenant's right to receive their security deposit back from the landlord. How do security deposits work? In most lease agreements, the landlord will require the tenant to pay a security deposit, which the landlord is obligated to return when the tenant vacates the premises. So long as there was no damage to the property caused by the tenant, and the tenant leaves the premises in the same physical condition it was in when the tenant first took possession of the property, the security deposit must be returned in full. The landlord is prohibited from deducting from the tenant's security deposit for reasonable wear and tear. Helpful Services In our Property Law Helpful Services section, you will have online access to different types of local property lawyers. If you cannot afford an attorney, you will find local links that connect you to legal aid services. Should you have to relocate, we provide online access to local movers and storage services. We also provide links to mortgage brokers who might be able to assist you with additional options that best fit with your short and long-term needs. You'll also find links to local apartment and roommate search sites. Finally, you'll find links to local counselling services that can help you emotionally deal with stress and anxiety of having to relocate resulting from an eviction from your home. For more information and other helpful services and resources, visit gottrouble.org today. For more insights and guidance, please don't forget to like, share and subscribe.