Property and Tenants' Rights
When deciding a tenant's rights against his landlord, the first thing the law will look to is any contract between the landlord and tenant (usually a lease agreement). Some states also imply a number of rights under the law for both the tenant and landlord. While the lease agreement will generally take precedence, some of these implied rights cannot be voided by contract. Anyone considering creating (or contesting) a landlord/tenant agreement should seek the advice of a lawyer.
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Lease Agreements
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A lease agreement is a legal contract and must meet all of the requirements for enforcement under contract law. In a lease agreement, the landlord and tenant set out a number of promises they make to each other regarding lease of the property. Most promises, or covenants, in a lease exist separately from the others; should either party breach these promises, the lease will continue, and the aggrieved party's remedy is to seek damages. However, most jurisdictions recognize an exception to this rule when the tenant fails to pay rent; such a failure constitutes a valid reason for the landlord to terminate the agreement.
Landlord Duties
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Most state law will imply certain duties on the part of the landlord. In these states, the landlord must keep the premises in good repair. Many state laws impose an "implied warranty of habitability," which requires the landlord of a residential tenant to keep the premises at a certain level, usually that of the local housing code. The landlord is also required to put the tenant in actual possession of the property at the beginning of the lease.
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Tenant Remedies
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Should a landlord breach his legal duties, state law affords various means for the tenant to seek redress. If the landlord violates an implied warranty of habitability, some states allow the tenant to move out and terminate the lease while others allow the tenant to repair the problem himself and then sue for return of the expense. Still other states allow the tenant to pay proportionately reduced rent. Should the landlord fail to put the tenant in possession of the property in the first place, the tenant can generally get legal damages from the landlord.
Tenant Duties
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The law also implies certain duties on the part of the tenant. Most of these duties are subject to modification by contract in the lease agreement. However, in the absence of a lease agreement, a tenant must repair ordinary wear and tear to the property, but not any special damage. The tenant will be held liable to the landlord for intentional or negligent property damage. The tenant may not use the premises continuously for an illegal purpose; should the landlord agree to such an illegal purpose, the tenant will not be liable to the landlord (although they'll both be in some legal trouble). The law also implies the most basic requirement: the tenant must pay rent.
Landlord Remedies
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In earlier law, any breach of a tenant's duties allowed the landlord to terminate the lease and evict the tenant. A few states have disallowed this practice, but nearly all states still have unlawful detainer statutes, which allow the landlord to evict the defaulting tenant. Should the tenant fail to repair damage to the property, the landlord may seek damages(although many landlords and tenants address this eventuality with a security deposit. However, should a tenant exercise his lawful rights, the landlord is absolutely forbidden from terminating the tenant's lease in retaliation for the tenant's legal behavior. This practice is known as retaliatory eviction, and many states will presume that eviction was retaliatory if it occurred within a certain period of time after the tenant exercised his rights.
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