Landlord Tenant Relationship
BUS 311 Business Law I
Landlord / Tenant Relationship
Novenber 18, 2010
BUS 311: Landlord / Tenant Relationship Understanding landlord and tenant rights and responsibilities is critical for a successful relationship between two parties, whether in a residential or commercial environment. Both the landlord and the tenant have specific rights and also specific responsibilities. To understand the landlord – tenant relationship one must first understand the roles of each party and understand how the relationship is defined. The landlord, or lessor, is the owner of real property who willingly gives up his right to possess the property in exchange for a monetary gain. The tenant, or lessee, agrees to pay the landlord for use of the property. The lease is the actual document that lists the rights and duties of the two parties. It is the actual agreement that spells out the terms and conditions that the two parties agree too. After an agreement is reached between the two parties the landlord has two responsibilities. The first responsibility is to deliver possession of the property to the tenant at the beginning of the lease. This forces the landlord to prepare the property and insure that any wrongful holdovers are evicted from the property. The second responsibility that he landlord has is the warranty of habitability (Liuzzo and Bonnice, page 349). Basically, the landlord must provide premises that are fit for occupancy. It must be safe, reasonably fit, and free from defects. The third landlord responsibility is to allow the tenant use of the property with quiet enjoyment. Basically, the landlord cannot interfere with the tenant’s right to use the property as spelled out in the lease (AZLawhelp.org). The landlord has a fourth responsibility if the tenant chooses to relinquish use of the property. The landlord has a duty to mitigate damages, or make reasonable efforts to find a new tenant. If the landlord is successful in finding a new tenant, the
Landlord / Tenant Relationship
Novenber 18, 2010
BUS 311: Landlord / Tenant Relationship Understanding landlord and tenant rights and responsibilities is critical for a successful relationship between two parties, whether in a residential or commercial environment. Both the landlord and the tenant have specific rights and also specific responsibilities. To understand the landlord – tenant relationship one must first understand the roles of each party and understand how the relationship is defined. The landlord, or lessor, is the owner of real property who willingly gives up his right to possess the property in exchange for a monetary gain. The tenant, or lessee, agrees to pay the landlord for use of the property. The lease is the actual document that lists the rights and duties of the two parties. It is the actual agreement that spells out the terms and conditions that the two parties agree too. After an agreement is reached between the two parties the landlord has two responsibilities. The first responsibility is to deliver possession of the property to the tenant at the beginning of the lease. This forces the landlord to prepare the property and insure that any wrongful holdovers are evicted from the property. The second responsibility that he landlord has is the warranty of habitability (Liuzzo and Bonnice, page 349). Basically, the landlord must provide premises that are fit for occupancy. It must be safe, reasonably fit, and free from defects. The third landlord responsibility is to allow the tenant use of the property with quiet enjoyment. Basically, the landlord cannot interfere with the tenant’s right to use the property as spelled out in the lease (AZLawhelp.org). The landlord has a fourth responsibility if the tenant chooses to relinquish use of the property. The landlord has a duty to mitigate damages, or make reasonable efforts to find a new tenant. If the landlord is successful in finding a new tenant, the
References: AZ Law Help. Landlord and Tenant Rights and Responsibilities. Retrieved Nov 8, 2010. http://www.azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=46 2010 WL 4237307 (Tex.App – Amarillo) Retrieved from Westlaw website on 11/22/2010. Universal Residential Landlord and Tenant Act. National Conference of Commissioners of Uniform State Laws. Drafed August 11, 1972 78Mass.app.ct.1104, 2010 WL 4137451 (Mass.App.Ct) Retrieved from Westlaw website on 11/22/2010.