Lease Agreements: The landlord-tenant relationship is outlined in the lease agreement, which protects both landlords' and tenants' rights. Most states also recognize lease agreements made orally, but only for a period of one year or less. A typical lease agreement includes:
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The names of the parties involved (landlord and tenants)
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Address and description of the rental unit
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Rent payment and date by which it must be paid each month
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Amount of the security deposit
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Whether pets are allowed
Sometimes, sections of a lease agreement could be illegal. New tenants should check their local laws if in doubt, but generally, landlords may not include any of the following terms:
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Discriminatory exclusion of tenants (excluding a tenant based on gender, religion, race, etc.)
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Waiver of right to sue landlord (telling a tenant they cannot bring a lawsuit against their landlord)
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Waiver of right to receive a refund of the security deposit (minus repairs and cleaning costs)
Security Deposits: Most landlords require tenants to pay security deposits before moving in. Security deposits are limited under most state laws. For instance, California law limits deposits to two months' rent (or three months if furnished). Alabama law, in contrast, has no limits.
Tenant Rights: The Fair Housing Act protects tenants from civil rights violations, including housing discrimination based on race, color, religion, national origin, gender, age, familial status (although this is waived for some retirement communities), and disability. Some states' landlord-tenant laws also offer anti-discrimination protections on the basis of LGBT identity and marital status.
Landlord Rights: Landlords also have certain legal rights, mainly related to the protection of their income investment. For example, a landlord may require a monthly payment of rent and the payment of other items specified in the lease agreement, such as utility bills. Landlords also have the right to evict tenants, but it must be for cause (such as nonpayment of rent). They should also give an eviction notice within a reasonable time.
LANDLORD / TENANT LAW
Landlord-tenant law includes rights and obligations each landlord and tenant has concerning the rental property. Both parties need to know the basics of renting a place, how to collect or pay security deposits, the basics of state and federal laws regarding fair housing, and more. If you are a landlord, you may need help working out tax deductions or determining how to get a renter evicted because of unpaid rent. Tenants, on the other hand, may need help understanding their rights to tenant safety, how security deposits are returned, and whether they can sublet the rental property.
