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Simple English definitions for legal terms

landlord-tenant law

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A quick definition of landlord-tenant law:

Landlord-tenant law is a set of rules that governs the relationship between people who rent property and the people who own it. There are four types of relationships between landlords and tenants, and they are based on how long the tenant will be renting the property. The law requires landlords to provide a safe and habitable place for tenants to live, and tenants have the right to live in peace without being disturbed by the landlord or others. If there are problems, tenants can take legal action to protect their rights. Discrimination is not allowed in the rental market, and landlords cannot refuse to rent to someone because of their race, religion, or other protected characteristics.

A more thorough explanation:

Landlord-tenant law is a set of rules that governs the relationship between a landlord and a tenant in the rental of commercial and residential property. It is made up of state statutes and common law, and federal law may also be relevant in certain situations.

There are four basic types of landlord-tenant relationships:

  • Term of Years Tenancy - The tenant has the right to possess the land for a fixed period of time agreed upon by both the landlord and tenant.
  • Periodic Tenancy - The tenant has the right to possess the land for a recurring period of time that is automatically renewed unless the landlord gives advance notice of termination.
  • Tenancy at Will - The tenant has the right to possess the land for as long as the tenant and landlord desire, with no fixed ending period.
  • Tenancy at Sufferance - The tenant continues to inhabit the property after the lease expires.

These relationships are subject to state statutes and the actual lease agreed upon by the landlord and tenant.

A tenant may transfer their property interest to a third party through either an assignment or a sublease. An assignment is when the tenant conveys their entire interest in the property to the third party, while a sublease is when the tenant conveys their interest to the third party but maintains a revisionary interest.

There are limitations on transferring the tenant's interest, which are established by the lease between the landlord and tenant. The landlord may refuse a sublease for any reason or no reason, but not for a bad reason. The landlord may also refuse a sublease on a commercially reasonable basis, which is determined by balancing commercial reasonable and unreasonable factors.

Eviction occurs when a landlord bars a tenant from using the property, usually due to the tenant materially violating the lease and/or not paying rent. A landlord may not evict a tenant in retaliation for the tenant reporting housing violations or other problems with the condition of the property.

A landlord typically must sue the tenant in court and allow the court to enforce an eviction order. Constructive eviction occurs when the landlord's conduct materially interferes with the tenant's agreed-upon purpose and prevents the property from being in tenantable condition. Abandonment occurs when the tenant vacates the leased property without justification, has no intent to return, and defaults on rent payment.

The implied warranty of habitability requires a landlord to substantially comply with building and housing code standards. If the lease contains a clause waiving the implied warranty of habitability, a court will typically refuse to enforce the clause. When the warranty of habitability is breached, a tenant may withhold rent until the landlord repairs the property, withhold rent and use the money to pay for repairs, or sue for damages.

Federal law prohibits discrimination in housing and the rental market. A landlord may not discriminate against a potential tenant based on their membership in a protected class. Protected classes include race, color, national origin, religion, sex, familial status, and disability. There are exemptions to the Fair Housing Act for single-family dwellings and owner-occupied dwellings with four or fewer units.

For example, if a landlord refuses to rent to a potential tenant because of their race, that would be discrimination. Another example would be if a landlord fails to make necessary repairs to a rental property, which breaches the implied warranty of habitability and materially interferes with the tenant's agreed-upon purpose of renting the property.

landlord's lien | Landon v. Plasencia

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ParallelAgreeableOrangutan
23:21
I don't visit y'all's profiles enough, clearly
NarrowFaithfulCougar
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@NemoPropheta: Ahh yeah, the Sauna. That's some good Nordic shit. Beats the hot tub hands down. Plus everyone is naked.
1:23
@ParallelAgreeableOrangutan: got that weaponized autism in gear, we out here.
@llama: your cycle confuses me, your stats are good and you applied early but all of those Rs? Is there anything weird about your app?
do you have C&F issues or something?
also ur first choice is kansas but you didnt apply there?
12:55
@RasheedWallaceFan: Hi. Yes, I waited for April LSAT, put almost all apps (which were sent really early) so that basically most of my apps were reviewed In May. Shot myself in the foot for 155 -> 161 lmao. Would not recommend 10/10
12:57
@RasheedWallaceFan: unironically, KSLS was my top choice, however by April LSAT their app had closed. It was like waiting to date ur dream partner, but waiting until you graduate uni, then by the time u graduate uni, your soul mate is already married with 2.4 kids and 1.6 dogs. Heartbreak.exe fr fr
12:58
are you R&Ring?
13:00
No, I think what I will do is flip a coin: heds NKU, tails NEL|B what u guys think bout dat. Then once 1L - if good at LS, try to transfer, if bad at LS or one of my grandiose ideas/inventions are viable, drop out and pursue.
oh so you submitted the apps with a lower lsat and then retook
got it
Bettercaulsaul
13:33
Most schools will hold your application for the next test score to be released into your account as well. I was notified by an admissions director that if a decision is processed they will not retroactively go back for the new score even if higher
ParallelAgreeableOrangutan
13:34
I vote NEL-Boston so we can be friends :D
ParallelAgreeableOrangutan
13:34
But it says you withdrew?? :(
ParallelAgreeableOrangutan
13:41
@Bettercaulsaul: in my experience, there is often an option on the application for you to choose whether you'd like them to review your application as-is ASAP or hold it until your new score is released. but it probably varies by school—I just remember seeing that option on at least a few app forms
2:21
While I am unsure of what option you are referring to, I personally just emailed each school and asked for them to hold my app pending my lsat score release.
2:22
Sorry WNE = Western New England not NEL|B
14:50
Hey guys is anyone online rn
14:51
I need adviceee
15:48
shooooot
hey y'all so im gonna be honest im completely new to all this, i kinda bullshitted and took the LSAT and i have no clue what my odds are of getting into schools. 163 LSAT, 3.17 GPA, and a double major in undergrad i may write about in an addendum
Based on the list I see you made on your profile, you will need to make significant LSAT improvement for those schools to be contenders. Your primary focus should probably be working to get your LSAT practice tests up to a number you are happy with before you retest, and then test until you get a score you like. Don't rush an application cycle or apply late since those will hurt your odds of getting into your school as a splitter. Good luck!
oh that was literally just random stuff i dont know how this works
thank you so much!
im retaking in 4 days, and maybe again in august, and i was gonna apply to see what i got, and if i didnt like it i was going to wait till next cycle and work on improving my GPA
@InnateMatureRhino: wow rude
yall need help fr
0:51
chat should i go to uc davis or loyola
TheOrangeGorillla
1:58
https://www.lsd.law/users/creep/UnsuitableExoticTiger Is this real chat?
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