Landlord and Tenant Act

As the civil rights movement blossomed in the 1960s and beyond, every aspect of American life has been affected by the desire to ensure the rights of all individuals in every aspect of life.  One of the results that affected the housing market was the Uniform Residential Landlord and Tenant Act of 1974 (URLTA).  The landlord and tenant law provides federal protection for both the landlord and the tenant, and various versions of the law have been subsequently adopted by many states.

General Landlord Tenant Protections

1. The primary elements of the URLTA protect both the landlord and the tenant
2. The landlord must provide a habitable unit for the renter, both initially and throughout the tenancy
3. The landlord must allow the tenant and his possessions to remain undisturbed by other persons, including the landlord, except upon notification and with permission
4. The landlord must allow the tenant to continue to occupy the premises for the length of a lease unless there is a breach of the lease, and then only after legal steps for eviction
5. The tenant must pay rent and maintain the premises without inflicting unreasonable wear and tear
6. The tenant must abide by the specifications of the lease
7. The tenant has the right to have a habitable unit, and if there is a breach in maintenance, to withhold rent until repairs are made or use a portion of the rent to make the repairs themselves; however, those actions must generally follow a series of notifications and requests for repair that go unanswered

The UFLTA also contains an element that covers commercial rental relationships, advising that rents for commercial properties may be calculated, either entirely or partially, based upon a percentage of the sales the tenant enjoys in that location.  Moreover, in fact, that is becoming a more common aspect of commercial rental property relationships.

Evictions

Evictions can become a part of any landlord-tenant relationship if either party fails to live up to the conditions of the lease.  However, in most cases, there must be judicial involvement if such an eviction occurs.

• Before an landlord can evict a tenant, they must first notify the tenant that there is a pending eviction and the cause, providing a period in which the tenant can avoid that eviction, either by “curing” the breach of contract or by making up the late or missing rent payments.  In some cases, a landlord may order an eviction with no possibility of “cure,” and that usually occurs after repeated offenses, warnings, or late/missing payments
• If the tenant does not “cure” the breach, the landlord must then file an unlawful detainer lawsuit and serve the tenant with an official summons and complaint for eviction.
• If the landlord wins the eviction lawsuit, the problem tenants generally has a period of time to leave the premises before the landlord can call upon law enforcement officials to carry out the eviction notice

Discrimination

Discrimination on the part of a landlord is forbidden by federal law.  That includes discrimination on the basis of race, religion, color, sex, disability, familial status, or national origin.   Many states have enacted fair housing laws that also forbid discrimination based on age, sexual orientation, political ideology, and more.
Presently, there are a number of laws protecting landlords and tenants from abuses that were once common in the U.S.  As those laws have expanded, it has become more important for both parties to know the laws and abide by them.  Anyone who faces questions or difficulties relating to these tenant/landlord laws should consult with a real estate attorney.