How to Know Landlord-Tenant Law

Whether you are planning on becoming a landlord or are just considering renting an apartment, the odds are that you will eventually need to know your state's landlord-tenant laws. Here are some tips to help you understand the basic laws.

Instructions

1. Familiarize yourself with the law. Many states are covered by the Uniform Residential Landlord and Tenant Act (URLTA). The states that aren't covered by the Act have generally incorporates its provisions into their own law. The URLTA defines the relationship between a landlord and tenant and clarifies the rights and obligations of each.

2. Understand landlord duties. The general duties of landlords are to make the premises habitable before the tenant moves in, arrange for any repairs resulting from normal wear and tear, refrain from shutting off electricity or any other utilities if a dispute arises and notify the tenant of any changes in ownership. A landlord cannot discriminate against a tenant or potential tenant.

3. Recognize tenant duties. The general obligations of tenants are to pay the rent on time, not cause damage to the property, properly dispose of trash and not sublease or take on additional occupants without the landlord's permission.

4. Read the lease. The written lease between the landlord and tenant should cover issues such as when rent is due, the amount of yout security deposit, who is in charge of paying utilities, any pet policy, and parking issues. It is important to note that the URLTA prevents the landlord from inserting a provision in the lease prohibiting a tenant from bringing a lawsuit against a landlord.

5. Realize the penalties for violation of a landlord's or tenant's obligations. The URLTA describes the penalties for violation of rental obligations and the recourses available to a landlord or tenant as a result of any violations. Consult the URLTA for more information.

Tips & Warnings

• You should speak with an experienced real estate attorney if you have questions regarding the landlord-tenant law.

Resources

• Uniform Residential Landlord Tenant Act