Chapter 50Landlord-Tenant Relationships.ppt

Chapter 50 Landlord-Tenant Relationships Landlord-Tenant Relationship A relationship created when the owner of a freehold estate (landlord) transfers a right to exclusively and temporarily possess the owner’s property to another (tenant). Landlord-Tenant Relationship (continued) Nonfreehold Estate – an estate in which the tenant has a right of possession of the property but not title to the property. Leasehold – a tenant’s interest in the property Landlord – the owner who transfers the leasehold Tenant – the party to who the leasehold is transferred The Lease A transfer of the right to the possession and use of the real property for a set term in return for certain consideration. i.e., the rental agreement between a landlord and a tenant Types of Tenancy (1 of 2) Types of Tenancy (2 of 2) Landmark Law: The Fair Housing Act Federal statute that makes it unlawful for a party to refuse to rent or sell a dwelling to any person on the basis of race, color, national origin, sex, or religion. Prohibits discrimination by real estate brokers, mortgage lenders, and advertisers concerning the sale or rental of real property. Landlord’s Duty to Deliver Possession of the Leased Premises Duty to Deliver Possession A lease grants the tenant exclusive possession of the leased premises (1) for the term of the lease or (2) until the tenant defaults on the obligations under the lease. A landlord may not enter leased premises unless the right is specifically reserved in the lease. Landlord’s Duty to Deliver Possession of the Leased Premises (continued) Duty Not to Interfere with the Tenant’s Right to Quiet Enjoyment The law implies a covenant of quiet enjoyment in all leases. The landlord may not interfere with the tenant’s quiet and peaceful possession, use, and enjoyment of the leased premises. Wrongful Eviction – a violation of the covenant of quiet enjoyment. Landlord’s Duty to Maintain the Leased Premises Building Codes State and local statutes that impose specific standards on pr