Landlord-Tenant Relationship Overview

Landlord-Tenant Relationship

Basic Relationship

• A tenant is in a legal relationship with their landlord.
• This relationship arises from a leasehold estate.
• A leasehold gives the tenant the right to possess the property (i.e., to live there), while the landlord retains ownership.

Conflicting Desires

• Tenants may want to modify their living space (e.g., hanging pictures).
• Landlords may want to minimize property damage and expenses.
• Tenants expect essential amenities (e.g., running water).

Reconciling Needs

• Landlord-tenant law defines the duties and obligations of both parties.
• Non-compliance can lead to legal remedies.

Tenant's Duties

Duty to Pay Rent

• Tenants must pay rent as agreed (method, time frame).
• If a tenant doesn't pay rent, the landlord has options:
  • If the tenant is still on the property: The landlord can evict the tenant through the courts, ending the relationship. Alternatively, the landlord can sue for the owed rent and continue the (awkward) relationship.
  • If the tenant is out of possession (abandons the property):
    • Scenario: Joe has a one-year lease but moves out after one month to live with their soulmate, ceasing rent payments.
    • The landlord has three main choices:
      • Treat abandonment as an offer to terminate the lease: Joe is liable for rent owed up to that point and any abandonment damages.
      • Do nothing: Hold Joe liable for rent until the end of the lease term (minority view).
      • Mitigate damages (majority view): The landlord must try to re-let the premises. Joe is liable for any deficiency (rent owed until a new tenant is found).

Duty Regarding Repair

• Tenants must maintain the premises with day-to-day routine repairs.
• Tenants are not responsible for long-term substantial repairs or repairs due to ordinary wear and tear.
  Examples:
  * A clogged toilet or burnt-out bulb are the tenant's responsibility to repair.
  * Old toilets, worn floorboards, or flickering lights that may be due to electrical issues are the landlord's responsibility.
  * Soap scum buildup is the tenant's responsibility, but bathroom tiles falling out due to grout issues is the landlord's.

Landlord's Duties

Duty to Deliver Possession

• Landlords must put the tenant in actual physical possession at the start of the lease term (majority rule).
  • Scenario: Miguel arrives at his new rental with movers but finds Danny still living there.
  • The landlord has failed to deliver possession and is in breach. Miguel is entitled to damages.

Implied Covenant of Quiet Enjoyment

• This duty is implied into every residential lease.