Real Estate Law

1
Real Estate Law Residential Leases
2
Rental Of Real Property

• Types of Tenancies
• Owner of real property may allow others to use
  their property.
• Exchanging temporary possession of property for
  money or other consideration is a rental
  agreement.
• Tenancies are governed by the rules of both
  contract law and real estate law.

3
Rental Of Real Property (contd)

• Types of Tenancies
• Tenancy for a fixed term automatically expires
  after a set period of time.
• Periodic tenancy starts at specific time and
  continues for successive periods until expired.
• Tenancy at will terminated by landlord or
  tenant at will.
• Tenancy at sufferance tenant entered into
  possession properly and with landlords
  permission but wrongfully remains on the property.

4
Rental Of Real Property (contd)

• Rights and Duties of Tenants
• Tenants rents the right to exclusive possession
  and control of premises.
• Landlord not entitled to enter the premises.
• Tenant is allowed to remove trade fixtures, but
  if removal causes damages, tenant must repair.
• Tenants do not have an obligation to make major
  improvements.

5
Rental Of Real Property (contd)

• Rights and Duties of Tenants
• Warranty of Habitability landlord impliedly
  promises that premises will be fit for living.
• Constructive Eviction owner does not protect
  interest of tenant and allows material
  interference with tenants enjoyment of premises.
  
• Assignments and Subleases allowed unless
  prohibited by lease. Transfer of the tenants
  entire interest in the lease (assignment) tenant
  transfers only part of interest and retains the
  balance (sublease).

6
Rental Of Real Property (contd)

• Rights and Duties of Landlords
• Have right to retake possession of property at
  the end of the lease.
• Rent compensation landlord receives in exchange
  for granting tenant the right to use the
  property.
• Damages by the Tenant landlord has right to
  reimbursement from tenant for any damages caused
  by the tenant.

7
Rental Of Real Property (contd)

• Rights and Duties of Landlords
• Security Deposits money to be used after tenant
  has vacated the premises to repair any damage
  negligently/intentionally caused by tenant.
• Duty to Protect a Tenant and His or Her Guests
  landlord does not warrant premises are safe but
  does have duty to warn tenant of latent defects.
• Rights After Abandonment by a Tenant tenant
  wrongfully abandons premises during the term of
  the lease, landlord has several options.

8
Legislative Trends

• Discrimination in housing prohibited by federal
  statutes.
• Amendment increased the amount of protection by
  providing methods for enforcement
• HUD can initiate lawsuit in federal court or
  before administrative law judge, if all parties
  agree.
• Person subjected to discrimination can file suit
  in state or federal court.
• U.S. attorney general can file suit if pattern or
  practice of discrimination exist.

9
Legislative Trends (contd)

• To recover retaliatory eviction tenant must
  prove
• Complaint was bona fide, reasonable, and serious.
• Did not create the problem.
• Complaint was filed before the landlord began
  eviction proceedings.
• Primary reason landlord began eviction
  proceedings was to retaliate against the tenant
  for filing complaint.